Open AccessGUARANTEES OF LEGAL AND SOCIAL PROTECTION OF FORENSIC EXPERTS
Author(s) -
Valeriy Myasoedov,
L. М. Derecha
Publication year - 2017
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.2017.23
Subject(s) - legislation , legislature , state (computer science) , social insurance , political science , work (physics) , european union , business , law , engineering , computer science , mechanical engineering , algorithm , economic policy
The paper considers the issues of legal and social protection of forensic experts of the state specialized institutions and forensic experts not working in these institutions, the need for compulsory insurance of their life and health. In terms ofpolitical and economic instability of the society the activities of expert institutions faces some difficulties caused by changes in the political and economic standards of life which is a negative and destabilizing factor. So, in our view, insufficient attention is paid to the social protection of both forensic experts of state forensic institutions and forensic experts who are not employees of these institutions. Social protection of forensic expert is regulated by article 18 of the law of Ukraine “On the forensic expertise" which specifies that issues ofpaymentfor labour and conditions of social protection offorensic experts are defined by the Code of Labour laws of Ukraine and other legislative acts of Ukraine. However, in this Law there is not specified the necessity of obligatory state insurance of forensic experts as it’s provided in the laws of other states including the countries of the European Union. Thus, we consider to be necessary to improve the legislation in force, in particular, to amend the Law of Ukraine on 3/7/1996 No. 85/96-ВР «On insurance» and to work out «The regulation on obligatory state insurance of life and health of forensic experts in Ukraine». The analysis of the listed problems evidences on the crying need in the further profound comprehension of the ways of their resolving, working out of the strategy of reforming and development offorensic expertise in Ukraine, updating of the legislation on legal and social protection both forensic experts of the state specialized institutions and the forensic experts who are not working in these institutions at the maximal approaching to the international standards.