Alfred Nobel University Journal of Law (Jun 2024)
JUDICIAL EXPERTISE IN THE CONTEXT OF THE PROTECTION OF CONSTITUTIONAL RIGHTS AND FREEDOMS: LINGUISTIC EXPERTISE OF SPEECH AS A MEANS OF EVIDENCE IN COURT CASES IN UKRAINE
Abstract
The subject of legal regulation is social relations, which, being regulated by legal norms, take the form of legal relations. Thus, forensic expertise can be defined through the system of legal (procedural) relations that are formed in the process of appointment, conduct, and evaluation of the results of the expertise (the expert’s opinion). The norms that provide for the resolution of disputes, in particular the restoration of the violated right, cannot contradict the principle of equality of all before the law and the court and, in this connection, limit the right to judicial protection. Justice in its essence is recognized as such only on the condition that it meets the requirements of justice and ensures effective restoration of rights. Namely, the expert's opinion is evidence in a court case. Forensic expertise in civil proceedings is a special study conducted by an experienced person as determined by the court (judge) in the presence of appropriate grounds in order to obtain judicial evidence in the form of an expert opinion. Linguistic studies belong to certain types of linguistic research: establishing the spelling of names, patronymics, and surnames; clarification of the identity of names (patronymics, surnames) written differently in documents; establishing the etymology (origin) of the name (surname); spelling of own geographical names (settlements, rivers, mountains, streets); finding out the identity of toponyms written differently in documents; establishing the etymology of toponyms; normative formation of ottoponymic adjectives; establishing the etymology of the words of the Ukrainian language and foreign borrowings; establishing the meanings of the roots of words and the origin of words, phrases, etc.; interpretation of frequently used and connotative (additional) meanings of words and expressions, interpretation of texts of documents for their understanding, interpretation of the meanings of phrases, phraseological units, verbal elements of trademarks, advertising texts, and interpretation of the content direction of a particular part of the text. At the same time, the correct use of expertise opens up great opportunities for solving a whole range of issues related to the consideration of specific cases and the implementation of tasks facing justice in civil cases.
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