Open AccessEXPERT WITNESS IN UKRAINIAN LEGAL PROCEEDINGS
Author(s) -
M. G. Shcherbakovskiy,
D. Kurylenko
Publication year - 2019
Publication title -
teorìâ ta praktika sudovoï ekspertizi ì krimìnalìstiki
Language(s) - English
Resource type - Journals
eISSN - 2708-5171
pISSN - 1993-0917
DOI - 10.32353/khrife.1.2019.11
Subject(s) - expert witness , legislation , forensic psychology , competence (human resources) , interpreter , witness , legal document , law , engineering ethics , legal process , political science , psychology , computer science , engineering , social psychology , programming language
The concept of Expert Witness is not covered by the procedural legislation of Ukraine, although it has become widespread in research papers of processional scientists. In scientific publications, scholars are fragmentarily considering certain categories of versed persons, formulate the notion of special knowledge that they possess, but the types of specialists, their functions and competence still remain controversial and ambiguously interpreted by lawyers.
The purpose of this article is to define the general concept and functional purpose of expert witnesses in any type of legal process, their classification, to clarify expertise structure.
This article proves that expert witnesses can have special (non-legal) expertise and expertise in the field of law. The purpose of involving expert witnesses is to assist the authorized participants of the process in the performance of their functions. Expert witnesses include: forensic expert; legal expert; specialist; translator, sign language interpreter, persons testifying on the basis of their expertise; medical examiner, teacher, psychologist, doctor, psychiatrist, auditor; inspectors; experts of the Scientific Advisory Board of the Supreme Court; consultants pre-investigate facilities, screening and forensic facilities and persons according to criminal records. There are two grounds for the classification of expert witnesses in legal proceedings: the first is the direct or indirect way of participation in the proceedings; the second is the degree of legal regulation of the process and results of the activities of expert witnesses.
Expert witness in legal proceedings is subject owning expertise (non-legal) in a particular field of human activity or legal knowledge, skills in their application is not a professional participant in the process, is involved directly or indirectly in a procedurally regulated or non-regulated form or at the discretion of an authorized person (body) to assist in the resolution of the tasks of the judiciary and the information and documents provided by him are used as sources of evidence or background information serving grounds for procedural, tactical and organizational decisions.