Published 2022-12-01
“…Based on the results of the analysis of court practice, the authors
made conclusions, including: 1) an expert's decision is evidence in a
civil trial; 2) the court must provide
a well-founded motivation for rejecting the expert's decision in the case of failure to provide its
assessment, because it is not enough in the decision to indicate certain doubts about the reliability or
correctness of the expert's decision, without noting at the same time reasonable grounds for such
doubts; 3) the courts take into account the expert's decision based on the results of the handwriting
examination as a means of proof and consider it a valid evidence in the case, but there are exceptions;
4) the court decision on the appointment of an expert must necessarily specify the questions that are
put to the expert for research; 5) the party in the case has the right to object to the handwriting
examination; 6) there are cases of the impossibility of conducting a handwriting examination at the
stage of its conduct due to non-payment of experts' services; 7) the most common civil cases, within
the scope of which an expert's decision is evaluated as a means of proof, are cases of invalidating a
will, collection of funds under a loan agreement and receipt, invalidation of land lease agreements,
etc.…”
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