On the Issue of Unification of Legislation on Forensic Examination in the Civil and Administrative Proceedings
https://doi.org/10.30764/1819-2785-2024-3-6-13
Abstract
The article deals with the comparative analysis of the procedure of forensic examination commissioning and carrying out in arbitration, civil and administrative legal proceedings. The author examines procedural codes regulating the expertise and identifies the differences in courts’ approaches to its commissioning and to judiciary powers, rights, and responsibilities of experts. Special attention is paid to court limitations regarding examination commissioning on its own initiative in the arbitral procedure as well as to its broader powers in civil and administrative proceedings.
The article also analyzes the need to unify the legal regulation of forensic activities, which in the author’s opinion will lead to increased predictability and transparency of legal proceedings, improve the quality of expert opinions and reduce the risk of legal errors. The author emphasizes that, despite the differences in legislation, basic principles of carrying out forensic activities remain consistent, which makes the measures on procedural norms unification not only possible, but also the necessary ones to enhance effectiveness of legal proceedings.
The paper proposes specific unification measures that will help eliminate existing legal uncertainties, improve the quality of justice, and create a more uniform judicial practice.
About the Author
A. V. Andreev
Gazprombank Joint Stock Company
Russian Federation
Russian Federation
Andreev Artem Vyacheslavovich – Head of Department for Judicial Collection of Corporate Troubled Debt, Legal Department
Moscow 117420
References
1. Lazarev S.V. When Forensic Examination Must Be Commissioned by Arbitration Court. Judge. 2021. No. 2. P. 29–34. (In Russ.).
2. Pavlova M.S. Systematic Nature of Procedural Form in the Norms of Appellate and Cassation Proceedings. Legislation Journal. 2023. No. 11. P. 78–86. (In Russ.). https://doi.org/10.58741/16818695
3. Kukhareva O.A., Yusupova A.N. Simplified Forms of the Review and Resolution of Cases within the Framework of the Unification of a Civil Judicial Procedure. Arbitration and Civil Process. 2020. No. 5. P. 27–31. (In Russ.).
4. Sakhnova T.V. “Incomplete” Court Procedures in Modern Civil Procedure. Herald of Civil Procedure. 2021. No. 4. P. 27–49. (In Russ.). https://doi.org/10.24031/2226-0781-2021-11-4-27-49
5. Rossinskaya E.R. The Code on Administrative Judicial Proceeding and Problems of Unification of Legislation on Forensic Analytical Activities. Administrative Law and Process. 2014. No. 2. P. 23–28. (In Russ.).
6. Usov A.I., Omel’yanyuk G.G., Chesnokova E.V. Standardisation in Forensics: Prospects and Suggestions. Law Journal. 2019. No. 10. P. 55–62. (In Russ.).
Review
For citations:
Andreev A.V. On the Issue of Unification of Legislation on Forensic Examination in the Civil and Administrative Proceedings. Theory and Practice of Forensic Science. 2024;19(3):6-13. (In Russ.) https://doi.org/10.30764/1819-2785-2024-3-6-13
Views:
240
Email this article 