Year: 2024
Type: article
Abstract: The article considers the issues of ensuring the functioning of the institute of expert examination in the administrative-delict (tort) proceedings. The concept of administrative tort proceedings is disclosed, its task is defined, as well as its content is characterized. The relationship between administrative proceedings and administrative-delict proceedings is determined. The author highlights the procedure for appointment of expert examination, as well as the status of experts. As a result of the analysis of legislative acts regulating the relevant legal relations, the main gaps in legal regulation of expert examination are revealed. The Code of Ukraine on Administrative Offences is stated to define the persons who can appoint an expert examination, but not to establish who initiates it. On the basis of the analysis of the Code of Administrative Offenses, it is possible to draw a conclusion that a person who is subject to administrative liability cannot submit a request for the appointment of expert examination. The Law of Ukraine "On Administrative Procedure" more clearly regulates the issue of appointment of expert examination. Under Article 57 of the Law of Ukraine "On Administrative Procedure", an administrative body can appoint an expert examination with the definition of an expert or an expert institution as well as the questions of the examination both on its own initiative and at the request of a interested person. In cases of administrative offenses, it is often necessary to carry out an expert examination. Since administrative-delict proceedings are one of the types of administrative proceedings, it is advisable to take into account the positive procedural norms of Law of Ukraine "On Administrative Procedure". Today, there is an urgent need to improve the legal regulation of the procedure for involving an expert in proceedings on administrative offenses. In practice, the question of appointing an expert in cases of the violation of customs rules, for example, regarding the conformity of the vehicle to the factory design, or determining the value of goods moving across the customs border, often arises. As a result of the analysis of normative legal acts regulating the procedure for conducting professional expert examination, legislative gaps are revealed. A conclusion is made about the need to improve legal regulation in this area. It is noted that the legislation lacks a single approach to the procedure for the appointment of expert examination in the administrative proceedings. The article formulates the recommendations aimed at improving the legal regulation of expert examination through the unification of procedural norms, including the initiation of expert examination, the terms of expert examination, and the form of the expert's opinion. Keywords: administrative offence, expert examination, digital expert's opinion, expert's opinion.
Author: Natalia Yaniuk
Institution: Lviv University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4405995436