Procedural conflict of appointment and production of Forensic building-technical expertise (FBTE) and methodological approaches for their resolution

Abstract

This paper analyzes the procedural conflicts arising from the appointment and manufacture of forensic building-technical expertise and methodical recommendations for their resolution. Inconsistencies in some provisions of current legislation governinjudicial activities: the concept of forensic expertise, the legal status of forensic expert, the name of the types of forensic expertise, the legal classification of judicial expertise can lead to the wrong judicial conclusions and judicial errors. The methodological approaches for legislative consolidation of the definition of activities; changes in the civil procedural code, arbitration procedural code, code on administrative offences, Federal law on state expert activity related to the unification of forensic-expert terminology and inclusion in the legal framework of new concepts concerning expert activities. It is proposed to amend the administrative procedure law regarding the timing of execution of forensic building-technical expertise аnd revision sanctions in case of untimely performance of building-technical expertise.