IMPLEMENTATION OF THE GENERAL CONDITIONS OF JUDICIAL PROCEEDINGS IN EXPERT ACTIVITY.
Journal: BULLETIN OF THE KALININGRAD BRANCH OF THE SAINT-PETERSBURG UNIVERSITY OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
№ 3
, 2024
Rubrics: ARTICLES ABOUT CRIMINAL PROCEDURE
Authors:
1.
Volgograd state University
(Department of criminal procedure and criminalistics, head of the Department of criminal procedure and criminalistics,)
employee from 01.01.1994 until now
Volgograd, Volgograd, Russian Federation
employee from 01.01.1994 until now
Volgograd, Volgograd, Russian Federation
Type:
Article
Pages:
from
to
Status:
Published
Received:
27.06.2024
Accepted:
16.08.2024
Published:
10.10.2024
Subject area:
UDK 34 Право. Юридические науки
GRNTI 10.00 ГОСУДАРСТВО И ПРАВО. ЮРИДИЧЕСКИЕ НАУКИ
OKSO 40.00.00 Юриспруденция
BBK 6 ОБЩЕСТВЕННЫЕ НАУКИ
TBK 7 ОБЩЕСТВЕННЫЕ НАУКИ. ЭКОНОМИКА. ПРАВО.
GRNTI 10.00 ГОСУДАРСТВО И ПРАВО. ЮРИДИЧЕСКИЕ НАУКИ
OKSO 40.00.00 Юриспруденция
BBK 6 ОБЩЕСТВЕННЫЕ НАУКИ
TBK 7 ОБЩЕСТВЕННЫЕ НАУКИ. ЭКОНОМИКА. ПРАВО.
Language:
Russian
Keywords:
expert, general conditions of the trial, immediacy, verbality, publicity, free evaluation of evidence, expert initiative
Abstract (English):
The article is devoted to the modern problems of the implementation of the general conditions of judicial proceedings in expert activity. The relevance lies in the scientific and practical rethinking of expert activity through the prism of the general conditions of judicial proceedings, as well as the correlation of expert initiative with compliance with the fundamental rules of judicial proceedings. The correlation of the general conditions of the trial with the peculiarities of expert activity at this stage allowed us to draw certain conclusions about the tactics of expert participation in court, which has received undeservedly little attention in the scientific and practical literature. Methods: In the course of the research, dialectical and general scientific methods of cognition were used - observation, description and theoretical understanding of the material, systematic interpretation. Among the private scientific methods of studying the subject of scientific research were formal legal and methods of induction and deduction.Results: The examination in court is characterized by a number of peculiar features that distinguish it from the examination at the preliminary investigation. It contains elements of repeated research, additional and independent, and is carried out within the framework of procedural rules based on the immediacy, transparency, and adversarial nature of the criminal process. In order for an expert to successfully perform his duties in court and contribute to the activities of the latter, he must be able to correctly understand the relevance or non-relevance to his competence of the task given by the court. The initiative shown and implemented by an expert should not go beyond the scope of his special knowledg
The article is devoted to the modern problems of the implementation of the general conditions of judicial proceedings in expert activity. The relevance lies in the scientific and practical rethinking of expert activity through the prism of the general conditions of judicial proceedings, as well as the correlation of expert initiative with compliance with the fundamental rules of judicial proceedings. The correlation of the general conditions of the trial with the peculiarities of expert activity at this stage allowed us to draw certain conclusions about the tactics of expert participation in court, which has received undeservedly little attention in the scientific and practical literature. Methods: In the course of the research, dialectical and general scientific methods of cognition were used - observation, description and theoretical understanding of the material, systematic interpretation. Among the private scientific methods of studying the subject of scientific research were formal legal and methods of induction and deduction.Results: The examination in court is characterized by a number of peculiar features that distinguish it from the examination at the preliminary investigation. It contains elements of repeated research, additional and independent, and is carried out within the framework of procedural rules based on the immediacy, transparency, and adversarial nature of the criminal process. In order for an expert to successfully perform his duties in court and contribute to the activities of the latter, he must be able to correctly understand the relevance or non-relevance to his competence of the task given by the court. The initiative shown and implemented by an expert should not go beyond the scope of his special knowledg
Keywords:
expert, general conditions of the trial, immediacy, verbality, publicity, free evaluation of evidence, expert initiative
expert, general conditions of the trial, immediacy, verbality, publicity, free evaluation of evidence, expert initiative
