PETITIONS IN PROCEDURES FOR THE USE OF EXPERTISE IN CRIMINAL PROCEDURAL EVIDENCE

Abstract

Ensuring competitiveness in the procedures for the use of expertise in criminal proceedings is one of the most discussed problems in modern criminal procedure literature. Many difficulties here seem insurmountable, and the means to address them are ineffective. Purpose: to determine the most complete list of petitions of participants in criminal procedure who do not have authority, first of all defense lawyers, to group petitions according to the purpose of the application, to identify the reasons for the lack of effectiveness and ways to improve it. Methods: structural-system analysis and synthesis, specific legal, concrete-sociological method, method of included observation. Results: the main conclusion of the research is that the arsenal of means available to defense lawyers and representatives involved in criminal proceedings to ensure the adversarial nature of procedures for using expertise in proving in criminal cases is implemented in practice, as a rule, not completely and without taking into account systemic connections both within this arsenal and in the general system of criminal procedure regulation. Practical recommendations are made to improve the efficiency of advocacy related to the appointment and production of forensic examinations.

Keywords

• criminal procedure
• criminal proceedings
• forensic expert activity in criminal cases
• expert
• specialist
• appointment of forensic examination
• expert’s conclusion and testimony
• specialist’s conclusion and testimony