Do-it-Yourself Guide to Challenge of a Forensic Expert
Sources of information search for the challenge of a forensic expert (organizations) when assigning forensic expert examinations
Presence and significance of outstanding (unrequited/unfulfilled) disciplinary measures (suspension of the expert’s right to conduct valuation activities, recommendation on expert’s expulsion)
1
Official websites that disclose information mandatory for publication:
- self-regulatory organizations,
- regulatory and supervisory bodies.
Facts of recognition of the expert’s opinions as inadequate evidence
2
Justice system websites:
Electronic justice (e-justice) Judicial and regulatory acts of the Russian Federation The RF State Automated System "Justice" (Justice State Automated System)
The presence of SRO negative expert opinions on the expert’s reports
3
Self-regulatory organizations official websites
Absence (insufficiency) of specialized education
Diploma verification
4
Absence of qualifications
Information from the Register of appraisers’ qualification certificates
5
Absence (insufficiency) of specialized experience
Information from the Register of appraisers’ qualification ceContracts concluded and executed without sanctions through a bidding processrtificates
6
Dependence/affiliation on participants in the process, their representatives
Extract from the Unified State Register of Legal Entities
7
Relationship with experts, specialists, appraisers, expert and other organizations involved in the case (for example, the presence of property, contractual, organizational, family relations)
Extract from the Unified State Register of Legal Entities Information from the Register of appraisers’ qualification ceContracts concluded and executed without sanctions through a bidding processrtificates Information from the Register of acts of civil status
8
- the organization website,
- judicial practice (mentioning the expert and the attorney-at-law/lawyer together in the same cases).
Price disproportionate to labor intensity/tariffs/market prices for similar expert examinations
9
Price analysis of similar expert examinations in judicial practice
- sectoral tariff agreements
- the cost of a standard hour in the Federal State Budgetary Institution The Russian Federal Center of Forensic Science of the Ministry of Justice (FSBI RFCFS MJ) (which is the minimum level, below which it is possible to speak of price understatement),
- current market conditions (market poll (possibly bidding analysis)),
- information on prices for that expert’s services for other projects (sources: other similar forensic examinations, tariffs on the expert/expert organization website, bidding with the participation of this expert/expert organization),
- response to a request from an expert/expert organization about the cost of conducting such examination (“test purchase”).
The challenge of a forensic expert (organizations) during сommissioning a forensic expert examination
1. Poor quality of forensic examination
The courts often have to deal with the poor quality forensics. Lack of competence or conscientiousness of forensic experts lead to a distortion of the results of forensic examination, misleading participants in the process and, as a result, making an unjust judicial decision. These results in violation of the rights and legitimate interests of one or more persons involved in the case, and sometimes to harsh unjust sentences in criminal cases. A similar situation occurs with the expert examination performed by experts under Article 95 of the Tax Code.
The main problem is the assessment of qualification as the readiness of an expert for practical expert activity in a purely practical and legal interpretation – who should be commissioned by the investigator, judge and other authorized entity as an expert in a particular case.
The main problem is the assessment of qualification as the readiness of an expert for practical expert activity in a purely practical and legal interpretation – who should be commissioned by the investigator, judge and other authorized entity as an expert in a particular case.Earlier (as of 2011), the courts commissioned the majority of expert examinations to state forensic institutions (72.7%). Non-governmental organizations, individual experts with special knowledge, conducting examinations were entrusted in 25.8% of the number of cases studied at the request of the Supreme Court of the Russian Federation.
Currently, according to statistics on the activities of General jurisdiction courts for 2013-2018, more than 180 thousand decisions on the appointment of examination were sent to non-state forensic institutions (64% of all relevant decisions issued). Doubts about the correctness and validity of the expert opinions obtained as a result are the basis for commissioning repeated expert examinations. According to the Russian Ministry of Justice, last year the Ministry's expert institutions performed 585 such repeated examinations*.
*Review of court practice on application of the legislation governing the appointment and conduct of expert examination for civil cases of the Supreme court of the Russian Federation together with the Supreme courts of republics, regional courts and equal to them courts summarized the practice of application of legislation governing the appointment and conduct of expert examination in civil cases (approved by the Presidium of the Supreme Court of the Russian Federation on 14 December 2011).
https://www.garant.ru/news/1276588/
Review of court practice on application of the legislation governing the appointment and conduct of expert examination for civil cases of the Supreme court of the Russian Federation together with the Supreme courts of republics, regional courts and equal to them courts summarized the practice of application of legislation governing the appointment and conduct of expert examination in civil cases (approved by the Presidium of the Supreme Court of the Russian Federation on 14 December 2011).
https://www.garant.ru/news/1276588/
Review of court practice on application of the legislation governing the appointment and conduct of expert examination for civil cases of the Supreme court of the Russian Federation together with the Supreme courts of republics, regional courts and equal to them courts summarized the practice of application of legislation governing the appointment and conduct of expert examination in civil cases (approved by the Presidium of the Supreme Court of the Russian Federation on 14 December 2011).
2. The problem of expert selection
The courts often have to deal with the poor quality forensics. Lack of competence or conscientiousness of forensic experts lead to a distortion of the results of forensic examination, misleading participants in the process and, as a result, making an unjust judicial decision. These results in violation of the rights and legitimate interests of one or more persons involved in the case, and sometimes to harsh unjust sentences in criminal cases. A similar situation occurs with the expert examination performed by experts under Article 95 of the Tax Code.
The main problem is the assessment of qualification as the readiness of an expert for practical expert activity in a purely practical and legal interpretation – who should be commissioned by the investigator, judge and other authorized entity as an expert in a particular case.
Forensic expert and (or) expert organization selection is regulated by the procedural legislation of the Russian Federation and the legislation on Forensic expert activity.
In accordance with the provisions of Part 1 of Art. 79 of Civil Procedural Code of the Russian Federation the expert examination may be entrusted to a forensic expert institution, a specific expert or several experts who have special knowledge necessary to answer the questions raised.
Expert examination can be performed both in a state forensic institution and in a non-governmental expert organization, or by a specific expert or experts.
The main problem is the assessment of qualification as the readiness of an expert for practical expert activity in a purely practical and legal interpretation – who should be commissioned by the investigator, judge and other authorized entity as an expert in a particular case.Earlier (as of 2011), the courts commissioned the majority of expert examinations to state forensic institutions (72.7%). Non-governmental organizations, individual experts with special knowledge, conducting examinations were entrusted in 25.8% of the number of cases studied at the request of the Supreme Court of the Russian Federation.
*Review of court practice on application of the legislation governing the appointment and conduct of expert examination for civil cases of the Supreme court of the Russian Federation together with the Supreme courts of republics, regional courts and equal to them courts summarized the practice of application of legislation governing the appointment and conduct of expert examination in civil cases (approved by the Presidium of the Supreme Court of the Russian Federation on 14 December 2011). https://www.garant.ru/news/1276588/
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