Normative Regulation for the Application of Specialized Knowledge in Civil Proceedings
Based on the analysis of use of specialized knowledge in legal proceedings, the author reveales its common forms and types applied in civil and administrative proceedings. The problems and conflicts generated by the legal regulation of the use of specialized knowledge in legal proceedings have also...
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| Format: | Article |
| Language: | Russian |
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Ministry of Justice of the Russian Federation, Russian Federal Centre of Forensic Science
2022-10-01
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| Series: | Теория и практика судебной экспертизы |
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| Online Access: | https://www.tipse.ru/jour/article/view/704 |
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| _version_ | 1849343767146921984 |
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| author | O. G. D’yakonova |
| author_facet | O. G. D’yakonova |
| author_sort | O. G. D’yakonova |
| collection | DOAJ |
| description | Based on the analysis of use of specialized knowledge in legal proceedings, the author reveales its common forms and types applied in civil and administrative proceedings. The problems and conflicts generated by the legal regulation of the use of specialized knowledge in legal proceedings have also been reviewed. As a result, the author concludes that there is no unified approach to the legal regulation of forensic expertise and the participation of a specialist in civil and administrative proceedings.Practically there arise some problems associated both with the appointment and production of a forensic examination, and with the participation of a specialist in procedural actions.The inability to resolve certain issues results in the recognition of evidence as inadmissible. One of the main reasons for this is the adoption of procedural codes and amendments and additions to them without considering the provisions developed by the science of forensic expertology. The author emphasizes that forensic expertology studies legal, including normative, theoretical, and methodological issues of the use of specialized knowledge in legal proceedings basing on the integrated approach, and so it does not monopolize the subject of research, but provides a versatile approach to it, considering the developments of procedural sciences. As a result, forensic expertology can act as the fundamental knowledge for normative regulation and implementation of legal institutions of forensic expertise and participation of a specialist. |
| format | Article |
| id | doaj-art-4c7a9c1dc44d4ebf80f61f9e8d09b5c6 |
| institution | Kabale University |
| issn | 1819-2785 2587-7275 |
| language | Russian |
| publishDate | 2022-10-01 |
| publisher | Ministry of Justice of the Russian Federation, Russian Federal Centre of Forensic Science |
| record_format | Article |
| series | Теория и практика судебной экспертизы |
| spelling | doaj-art-4c7a9c1dc44d4ebf80f61f9e8d09b5c62025-08-20T03:42:52ZrusMinistry of Justice of the Russian Federation, Russian Federal Centre of Forensic ScienceТеория и практика судебной экспертизы1819-27852587-72752022-10-0117361710.30764/1819-2785-2022-3-6-17639Normative Regulation for the Application of Specialized Knowledge in Civil ProceedingsO. G. D’yakonova0Kutafin Moscow State Law University (MSAL)Based on the analysis of use of specialized knowledge in legal proceedings, the author reveales its common forms and types applied in civil and administrative proceedings. The problems and conflicts generated by the legal regulation of the use of specialized knowledge in legal proceedings have also been reviewed. As a result, the author concludes that there is no unified approach to the legal regulation of forensic expertise and the participation of a specialist in civil and administrative proceedings.Practically there arise some problems associated both with the appointment and production of a forensic examination, and with the participation of a specialist in procedural actions.The inability to resolve certain issues results in the recognition of evidence as inadmissible. One of the main reasons for this is the adoption of procedural codes and amendments and additions to them without considering the provisions developed by the science of forensic expertology. The author emphasizes that forensic expertology studies legal, including normative, theoretical, and methodological issues of the use of specialized knowledge in legal proceedings basing on the integrated approach, and so it does not monopolize the subject of research, but provides a versatile approach to it, considering the developments of procedural sciences. As a result, forensic expertology can act as the fundamental knowledge for normative regulation and implementation of legal institutions of forensic expertise and participation of a specialist.https://www.tipse.ru/jour/article/view/704forensic expertiseparticipation of a specialistexpert opinionconsultation of a specialistforensic expertologylegal proceedingsprocedural form |
| spellingShingle | O. G. D’yakonova Normative Regulation for the Application of Specialized Knowledge in Civil Proceedings Теория и практика судебной экспертизы forensic expertise participation of a specialist expert opinion consultation of a specialist forensic expertology legal proceedings procedural form |
| title | Normative Regulation for the Application of Specialized Knowledge in Civil Proceedings |
| title_full | Normative Regulation for the Application of Specialized Knowledge in Civil Proceedings |
| title_fullStr | Normative Regulation for the Application of Specialized Knowledge in Civil Proceedings |
| title_full_unstemmed | Normative Regulation for the Application of Specialized Knowledge in Civil Proceedings |
| title_short | Normative Regulation for the Application of Specialized Knowledge in Civil Proceedings |
| title_sort | normative regulation for the application of specialized knowledge in civil proceedings |
| topic | forensic expertise participation of a specialist expert opinion consultation of a specialist forensic expertology legal proceedings procedural form |
| url | https://www.tipse.ru/jour/article/view/704 |
| work_keys_str_mv | AT ogdyakonova normativeregulationfortheapplicationofspecializedknowledgeincivilproceedings |