Open AccessOn the Issue of Evidentiary Value of Expert Opinion
Author(s) -
Л. В. Лазарева,
С. В. Покровский
Publication year - 2021
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2021.125.4.152-159
Subject(s) - expert opinion , objectivity (philosophy) , competence (human resources) , forensic examination , value (mathematics) , forensic science , criminal investigation , engineering ethics , computer science , psychology , epistemology , engineering , medicine , social psychology , forensic engineering , criminology , philosophy , machine learning , intensive care medicine , veterinary medicine
The paper discusses the issues of using expert opinions, which are ambiguously interpreted in the theory of criminal procedural evidence. Particular attention is given to the study of the circumstances influencing the formation of the expert’s conclusions. It is shown that the existing legal mechanisms do not sufficiently regulate certain issues of forensic expert activity. Analyzing forensic practice, the authors draw attention to the observance of the conditions under which the expert opinion acquires evidentiary value. It was revealed that the irrefutability of expert conclusions is influenced not only by the competence of a forensic expert, but also by the scientific and methodological support of forensic expert activity. The authors criticize the position according to which an expert can involve a specialist when formulating the conclusions of the examination. The paper proposes some ways for improving the comprehensiveness and objectivity of the expert research, ensuring the completeness, as well as the validity and reliability of the conclusions made by the expert. Taking into account the modern achievements of forensic examination, the necessity of applying a unified approach to the training of forensic experts of different specializations, as well as the methodological support of this field of activity, is substantiated.