THE FEATURES OF APPOINTMENT AND EXAMINATION IN СRIMINAL PROCEEDINGS: NEWS OF LEGISLATION

Abstract

Conducting investigations in criminal proceedings can be a necessary step when, without the expert’s opinion, no other evidence can be obtained to decide in the proceedings. The consolidation of the specialist knowledge that the expert’s fi ndings can serve as an eff ective means of proof in the proceedings. The expert applies forensic knowledge and skills that require separate training. At the same time, the investigator and the prosecutor conducting the pre-trial investigation do not possess special, technical and scientifi c knowledge, and therefore are forced to use the help of a specialist. Discussion on the procedure for carrying out the examination and the persons who can conduct it is carried out for more than one year, and therefore forces the legislature to amend these provisions. Involvement of an expert in the examination can dramatically change the course of the pre-trial investigation, since upon receipt of the conclusion of the examination, the issue of establishing the guilty person or bringing him to justice can be resolved. That is why the examination must be appointed without procedural irregularities, the decision on appointment should contain all the necessary elements. At the pre-trial stage or in court, it may be necessary to involve a person with knowledge of a particular fi eld in order to provide a qualifi ed opinion on problematic issues. The investigator, prosecutor, judge, and other participants in the process do not have in-depth knowledge, so there may be a need to involve an expert. The development of an institution of expertise in criminal proceedings, along with the investigation and consideration of proceedings in the court is impossible without the use of various branches of scientifi c knowledge. The activities of experts in criminal proceedings facilitate the work of investigators and the judiciary and provide an opportunity to eff ectively combat crime.