Aspects of the Interpretation and Implementation of Expert’s Rights in the Appointment and Production of Forensic Construction and Technical Examination

Abstract

The issues of exercising expert’s rights when ordering a forensic examination, entrusting its production to a specific competent person, conducting a study, reflecting its process and the results in the expert’s opinion do not lose their relevance. Basing on the analysis of practice for the appointment and conduct of forensic construction and technical examinations, the authors of the article have examined the organizational and legal problems encountered by an expert when familiarizing himself with the case materials and studying them; applicating for additional materials; involving another expert in the production of an examination, as well as in the exercising other expert’s rights provided by the legislation on forensic examination.The article discusses forensic situations when it is often allowed either an unjustifiably broad interpretation of the provisions of the law in this part, or an unreasonably narrow, and sometimes incorrect, in the authors’ opinion, their interpretation. All this prevents the expert from working efficiently, leads him to procedural errors, which, in turn, makes him vulnerable to reasonable criticism of opponents and creates the preconditions for an investigator or court to evaluate expert’s opinion as a piece of unacceptable evidence. The authors propose ways to overcome these negative trends and related practical issues in forensic construction and technical examination.