Comparative analysis of forensic expert activity: an administrative, criminal, criminalistic, economic approach

Abstract

The article is devoted to the economic and legal comparative analysis of judicial expert activities. The issues concerning the problems of quality assurance of the expert activities, harmonization and convergence of the understanding of the possibilities of judicial economic expertise in solving problems of justice, taking into account economic conditions. As a first step to creating a general theoretical development for judicial economic expertise could be the creation of a list of vocabulary of basic t erms of forensic economic expertise. The legislation of Ukraine, which regulates activities of forensic experts, is as follows: the Law of Ukraine “On Forensic Examination”, “Instruction on Conducting Forensic Examination”, “Procedure for Certification and Official Registration of Forensic Examinations Procedure”, “Some Issues of Provision of Paid Services by Research Institutions on Forensic Examination of the Ministry of Justice”, “On Approval of the Instructions on Procedure and Amount of Reimbursement and Compensation to Individuals Invited by Inquiry Agencies, Pretrial Investigation Agencies, Procuracy, Courts or Authorities that Oversee Cases of Administrative Violations, and Payments to Governmental Research Institutions on Forensic Examination for Expert and Specialized Services Provided by their Employees” approved by the Cabinet of Ministers of Ukraine, and a set of multi-agency orders. The common features include the existence of department specialized forensic expert institutions, which are entrusted to conduct an examination as follows: specialized research institutes of the Ministry of Justice of Ukraine and the Ministry of Healthcare, expert services of the Ministry of Internal Affairs, Security Service of Ukraine, etc. Moreover, forensic examinations, which are often arranged in criminal proceedings and sometimes in administrative proceedings, can be carried out exclusively by forensic experts who are employees of such institutions. At the same time, the law provides for the possibility of carrying out forensic expert activity on a business basis, on the ground of special authorization, as well as onetime agreements, by citizens who have the qualification of a forensic expert, which is often used in administrative proceedings. Neither a judge nor any other persons, who are involved in administrative or criminal procedures, have this kind of expert knowledge. By virtue of the knowledge that is converted by forensic experts in the source of evidence, important issues of a case are resolved that would be impossible without forensic expertise. In legal science, there is an idea that expert activity, due to its specificity, is much wider than expert procedure regardless of the fact whether it is carried out in administrative or criminal procedures.