Procedural and Non-Procedural Forms of Special Knowledge Application in Civil and Economic Proceedings

Abstract

The article considers types and characteristics of special knowledge as well as legal status of persons applying special knowledge while civil and economic proceedings. The Article purpose is to identify existing gaps in civil and economic procedural legislation in relation to various forms of implementing special knowledge based on the analysis of description of their common features and identification of their application peculiarities in civil and economic proceedings. When considering the comparative legal research method, similarities and differences in entities using special knowledge, namely in a specialist, translator, teacher, were established. The analysis of norms of the current procedural legislation enables to deduce that a number of forms of special knowledge use can be distinguished in civil and economic proceedings, namely: court expertise; competent individuals’ expertise without involving them in a trial; attracting competent persons to participate in civil or economic proceedings; using the results of forensic examinations: forensic reports. The issues of legal regulation for a translator candidate choice in civil or economic proceedings and the problem of translators’ incompetence in legal terminology are identified. Methods for improving participation of translators in the proceedings were established. The opinions and observations of scientists in the field of law on the use of special knowledge in the field of law were analyzed, and the possibility of conducting legal vetting while court proceedings was criticized. It was established that procedural definition of special knowledge must necessarily include their general scientific concept as direct substantive basis for the concept of procedural, and the latter will determine only boundaries and forms of this knowledge special use in civil and economic proceedings, as well as legally significant consequences of such use. The analysis of forms of special knowledge use in civil and economic proceedings provides grounds to consider that, except for special knowledge that is used in the form of forensic examination, other forms are also used which are given a detailed description.