Чучаев А.И., Фирсова А.П. Содержание уголовно-правового воздействия

Аннотация: The evidentiary value of the expert’s statement depend on optimisation of use of special knowledge of the expert in criminal trial, on objectivity of the data received by the expert, on exception of expert errors and on definition of an estimation criteria of the expert’s statement. Control strengthening from one part of the process which interests are mentioned by judicial examination can become one of the methods to raise objectivity of expert judgements. Such control can be carried out by means of commission examination. The experts can be appointed by the process parties’ petition. In a regulation of an order of appointment of representative commission judicial examination, it is necessary to provide the possibility for the subject appointing examination to assign a duty of its organisation on the concrete person or the head of an expert establishment. The defence council or the victim should be given the right to declare such a petition. If the commission judicial examination is produced the question arises about the place of production of researches. The function of the organisation of representative judicial examination is expedient to assign to the expert – the organizer. It is demanded to considerate a standard regulation of complex judicial examination. Complex examination is made by experts of various specialities. Thus, process of complex judicial examinations can be more effective if in criminally-remedial code as the subjects, authorised to define complex character of examination to specify the head of expert establishment. It is also expediently to give accurate definition of complex examination, having noted its basic feature – the decision of a uniform expert problem and a formulation of the general conclusion. One more form of production of examination which are provided in Criminal Procedure Code, but not realised in practical activities is the examination in the presence of the parties. The judicial examination in a controllable order can become more effective especially in the presence of the expert involved by one of the parties. As a result of such presence it is necessary to give the expert the right to make remarks on its addition and specification into the expert’s statement. All brought remarks on addition and expert’s statement specification should be stipulated and certified by signatures of these persons. Apparently, the total document of presence by judicial examination by the expert can be the conclusion of the expert, if the questions on a course of the examination are put before the expert by the parties. The developed practice does not allow participants of the process the defence or the suspect (accused) to receive the information about the experts or to have possibility to petition the court to attract as an expert a particular person. In order to optimisate the process of attraction of judicial experts to examination the state should register all experts having the right of examinations in specially created body.

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Abstract: The evidentiary value of the expert’s statement depend on optimisation of use of special knowledge of the expert in criminal trial, on objectivity of the data received by the expert, on exception of expert errors and on definition of an estimation criteria of the expert’s statement. Control strengthening from one part of the process which interests are mentioned by judicial examination can become one of the methods to raise objectivity of expert judgements. Such control can be carried out by means of commission examination. The experts can be appointed by the process parties’ petition. In a regulation of an order of appointment of representative commission judicial examination, it is necessary to provide the possibility for the subject appointing examination to assign a duty of its organisation on the concrete person or the head of an expert establishment. The defence council or the victim should be given the right to declare such a petition. If the commission judicial examination is produced the question arises about the place of production of researches. The function of the organisation of representative judicial examination is expedient to assign to the expert – the organizer. It is demanded to considerate a standard regulation of complex judicial examination. Complex examination is made by experts of various specialities. Thus, process of complex judicial examinations can be more effective if in criminally-remedial code as the subjects, authorised to define complex character of examination to specify the head of expert establishment. It is also expediently to give accurate definition of complex examination, having noted its basic feature – the decision of a uniform expert problem and a formulation of the general conclusion. One more form of production of examination which are provided in Criminal Procedure Code, but not realised in practical activities is the examination in the presence of the parties. The judicial examination in a controllable order can become more effective especially in the presence of the expert involved by one of the parties. As a result of such presence it is necessary to give the expert the right to make remarks on its addition and specification into the expert’s statement. All brought remarks on addition and expert’s statement specification should be stipulated and certified by signatures of these persons. Apparently, the total document of presence by judicial examination by the expert can be the conclusion of the expert, if the questions on a course of the examination are put before the expert by the parties. The developed practice does not allow participants of the process the defence or the suspect (accused) to receive the information about the experts or to have possibility to petition the court to attract as an expert a particular person. In order to optimisate the process of attraction of judicial experts to examination the state should register all experts having the right of examinations in specially created body.

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