ABOUT FORENSIC EXPERT PARTICIPATION IN CASES OF ADMINISTRATIVE OFFENSES


  • O. P. Uhrovetskyi
  • O. O. Sviderskyi
Keywords: forensic expert, proceedings in cases of administrative offenses, stages of proceedings, involvement of expert, examination conclusion.

Abstract

The authors allocate in administrative proceedings in cases of administrative offenses among other participants to a forensic expert who takes a special place in this process and give a description of legal status of forensic expert in cases on administrative offenses taking into account the peculiarities of expert involving stage in administrative proceedings. The authors emphasize that at various stages of administrative proceedings a forensic expert performs one function: performing examination. At the central stage of administrative proceedings, namely consideration of the case on an administrative offense and adoption of the resolution therein by authorized authority to consider an administrative offense. If there is a need to use of special knowledge, forensic examination is assigned and opportunity is provided to expert to exercise procedural rights and obligations and submit examination conclusion as a result of expert research. Decision on forensic examination assignment in cases of administrative offenses in the jurisdiction is usually performed in resolutions of the authorized authority (official) that is in charge of proceedings administrative offense. Expert conclusion is an independent means of proof in administrative proceedings. Structure complexity of expert conclusion as a procedural document lies in the fact that it derives from the structure of a special forensic research, since it reflects its features. Expert conclusion is subject to investigation and verification by the court and actual data contained therein are judged by general rules, since they are actual data about certain circumstances of objective reality. It is concluded that participation of expert in proceedings on administrative offenses at the present stage is as fully possible realized at the second central stage of proceedings in consideration of case on administrative offense.


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Published
2018-12-26
How to Cite
Uhrovetskyi, O. P., & Sviderskyi, O. O. (2018). ABOUT FORENSIC EXPERT PARTICIPATION IN CASES OF ADMINISTRATIVE OFFENSES. Theory and Practice of Forensic Science and Criminalistics, 18, 194-202. https://doi.org/10.32353/khrife.2018.21
Section
GENERAL REGULATIONS OF FORENSIC EXAMINATION