On the Issue of Unification of Legislation on Forensic Examination in the Civil and Administrative Proceedings
Year: 2024
Type: article
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.
Author: A. V. Andreev
Institution: Gazprombank
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4403784159