Теория и практика судебной экспертизы (Apr 2024)
Legal Status and Assessment of the Competence of a Forensic Expert and Specialist: Conceptual Framework and Practical Implementation
Abstract
Currently, in connection with the social and scientific and practical metamorphoses, special attention is paid to the problems of differentiation of forensic expert’s and specialist’s specialized knowledge, as well as the results of their activities (expert and specialist opinions). This is facilitated by the relatively vague legislative structure that regulates them, as well as its very arbitrary interpretation in law enforcement. At the same time, the current judicial and investigative practice of using these institutions in legal proceedings cannot be recognized as fully consistent with the letter of the law and the tasks of justice.In this article, based on the analysis of legislation, doctrinal sources and judicial practice, the criteria for delimiting the competence of a specialist and an expert, as well as the procedural documents emanating from them are considered. The authors note the widespread substitution of concepts and the substantive component of the specialized knowledge of a forensic expert and the conclusion drawn up by him based on the results of a forensic expert study, on the one hand, and the specialized knowledge of a specialist and his conclusion prepared on their basis, but without conducting a study, on the other. The streamlining and systematization of the considered sources of evidentiary information is carried out in strict accordance with the normative regulation.The authors propose options of the definitive norms, revealing the content and purpose of forensic examination, specialist’s specialized knowledge, as a unified basis for sectoral procedural legislation, and also give other recommendations aimed at unifying law enforcement in the field of the use of specialized knowledge in legal proceedings.It is recommended to differentiate “specialized knowledge” into: “specialist’s specialized knowledge”, “specialized knowledge of a forensic expert”, “specialized knowledge in an expert specialty (a specific expert specialty should be indicated)”. For example, a specialist’s specialized knowledge is a system of theoretical knowledge and practical skills in the field of specific science, technology, art, craft, which are acquired through higher education and practical experience in a certain field of social and legal activity (using specialist’s specialized knowledge to meet the needs of legal proceedings). It is also necessary to create a System of voluntary certification of the competence of forensic experts and specialists based on the Russian Federal Chamber of Forensic Experts, within which voluntary certification of the competence of specialists whose involvement is in demand in the administration of justice will be carried out.Information about specialists certified as persons with specialized forensic knowledge (handwriting specialists, construction specialists, etc.) should be placed in a special Register of forensic experts and specialists to meet the needs of legal proceedings on the official website of the Russian Federal Chamber of Forensic Experts. The formation of clear rules and criteria for the involvement of persons with specialist expertise in the administration of justice, combined with strict compliance with the law, are necessary components for making a just and fair decision on a case.
Keywords
