THE CONCEPT OF SPECIAL KNOWLEDGE AND THE BOUNDARIES OF THEIR APPLICATION IN CIVIL AND ECONOMIC PROCEEDINGS

Abstract

It is emphasized that the need to involve specialists who possess special knowledge appears when the participants of civil and economic proceedings lack their own capabilities and knowledge, available methods and technical means of the entity cognition of such an activity, skills in application of such means and methods are insufficient for the effective collection, analysis, evaluation and use of information, establishment of specific facts, identification of hidden links, properties, features of the studied objects, performance of other tasks. Taking into account the fact that the meaning of the term special knowledge can be most fully disclosed only in connection with the elements of the proof procedure in civil or economic proceedings, the interpretation of the concept special knowledge was analyzed by scientists.

 It is emphasized that a number of scientific papers, including dissertations, is devoted to consideration, analysis, and definition of the essence of the term special knowledge through disclosing its content. Therefore, the article highlighted particular positions of scientists and authors’ opinions regarding their point of view, the position of scientists in which the criteria considered that are used while studying and defining the essence of the concept special knowledge is suggested. It is stressed that the legal limits of the use of special knowledge in civil and economic proceedings are determined by the procedural law and court, taking into consideration the rules of correspondence, admissibility, reliability and sufficiency of evidence to resolve a particular civil case or commercial dispute. It is noted that the requirements for the above criteria are ensured in the procedural legislation and their detailed characteristics are given. It is established that the grounds for the use of special knowledge are formalized and include substantive and procedural grounds, in addition, their application requires the court to correctly determine the subject of proof in the case and identify the need to use special knowledge and skills of knowledgeable persons. The authors note that in economic and civil proceedings attention is focused on different purposes of involving specialists and forensic experts and, accordingly, on differences in procedural rights and responsibilities, as well as on the procedural significance of the results of such specialists’ use of their special knowledge.