SCIENTIFIC APPROACH TO UNDERSTANDING THE REFUSAL BY AN EXPERT TO PROVIDE A CONCLUSION

Abstract

The article studies the problems of obstructions to an examination and providing a conclusion by an expert. It analyzes the issue of distinguishing the refusal by an expert to provide a conclusion from other adjacent forms of the interaction between an expert and a subject that commissioned an examination - notification of impossibility to conduct an expert study and a motion to provide additional materials. They are the forms of organizational and procedural cooperation of an expert with a person (entity) that commissioned an examination in order to remove them; they constitute grounds for suspending an examination - as soon as they are implemented the time limits for the examination are also suspended. A refusal by an expert to give a conclusion is a final result of this interaction when the parties failed to resolve the underlying problem or this problem turned out to have no resolution at all; this may be a ground for terminating an examination on the expert’s initiative. The article determines the key features of a refusal by an expert to provide a conclusion in order to formulate this theoretical notion.