THE ESSENCE AND PECULIARITIES OF CONDUCTING FORENSIC EVALUATION EXPERTISE
Abstract
Purpose. The aim of the article is determination of peculiarities of forensic evaluation expertise and its classification on the basis of the analysis of existing scientific views and provisions of the current legislation of Ukraine.
Methodology of research. The theoretical and methodological basis of the study are the fundamental provisions of forensic evaluation expertise, as well as scientific works of domestic scientists, devoted to the problems of classification and conduct of forensic evaluation expertise in Ukraine. Modern research methods are used to achieve this goal: systematic analysis – in the study of theoretical and methodological foundations of forensic evaluation expertise; abstract and logical – to clarify the essence of the basic concepts, definitions and categories of forensic evaluation expertise. We also used such research methods as a monographic and graphical method of presenting information.
Findings. It is determined that in modern conditions forensic expertise is a complex multifaceted activity, which is carried out in expert institutions by relevant highly qualified specialists, which performs multidimensional activity having specific characteristics related to organizational, cognitive, criminal procedural and other parties. It has been established that forensic activities perform an information-providing function to form the conditions for conducting a qualified, objective forensic expertise using scientific methods of cognition. The purpose of the examination is to provide answers to the questions that require special knowledge. The subject matter of the examination is the disputed subject, the subject matter – facts and data related to the question under investigation and which require the expert's judgment. It is determined that the expert's study is formalized by expert opinion, which is evidence of the presence or absence of facts and other data that have been the subject of dispute. The analysis of the legislative framework for the regulation of the national judicial evaluation expertise has been carried out.
Originality. The characteristic features of forensic evaluation expertise that determine their authenticity are highlighted in the article, in particular: the legal concept of examination; “expertise” as an extracurricular check; “expertise” as a procedural inquiry and “independent expertise” as a non-procedural study. The classification and methods used in forensic evaluation are substantiated and determined. Various approaches to the classification of expertise in domestic practice have been generalized and highlighted.
Practical value. The obtained proposals can be used to improve the current system of forensic evaluation development, which determine the need for organizational, procedural and legal solutions to a number of problematic situations.
Key words: evaluation; appraisal activity; expert; expertise; economic expertise; commodity expertise; market value estimation; forensics expertise; forensic expert appraisal.
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References
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DOI: https://doi.org/10.37332/2309-1533.2019.5-6.25
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