The managing function of the forensic examination methodology as one of the foundations of the legitimacy of the conclusion on the results of the examination in civil proceedings

2021 ◽  
pp. 114-125
Author(s):  
Igor V. Iudin
Keyword(s):  
Forensic Examination ◽  
Civil Proceedings

scholarly journals Forensic examination as a source of evidence in a separate proceedings

2020 ◽  
Vol 3 (3) ◽  
pp. 200-207
Author(s):  
Iryna Popovych
Keyword(s):  
Legal Status ◽  
Molecular Genetic ◽  
Active Role ◽  
Judicial Practice ◽  
Forensic Examination ◽  
Civil Proceedings ◽  
Expert’S Opinion ◽  
Genetic Examination ◽  
Evidence And Proof ◽  
Tools And Techniques

Modern judicial practice indicates how important, in the quality of cases, is forensic examination, which with its special methods, tools and techniques contributes to the solution of judicial problems. An expert opinion plays a significant role in the process of proving in separate proceedings, when the question of the obligatory application of special knowledge arises. The article deals with study of forensic science as a source of evidence in a particular proceeding, as well as highlighting the clear difference between individual and other types of proceedings in civil proceedings, forming an opinion on the active role of the court in resolving cases in a particular proceeding. on the problem of interpretation by courts of norms of the national legislation at application of such means of proof as the expert’s conclusion. Analysis of scholars’ opinions, national case law, ECtHR documents, current legislation and regu-lations governing the appointment of forensic examination, shows that, in addition to the general rules of the institution of evidence and proof, in cases of separate proceedings, the court may take into account all by law means of proof. The expert's opinion is admissible, sufficient, reliable and categorical evidence in cases concerning changes in the legal status of individuals; establishing facts that are legally significant for the realization of rights and interests in family and other legal relations (for example, establishing the zygote of twins as a result of merging male and female gametes, establishing kinship (kinship) through molecular genetic examination).

scholarly journals Forensic Examination as a Condition for the Realization of the Right to a Fair Trial of a Civil Case

2020 ◽  
Vol 6 (3) ◽  
pp. 324-331
Author(s):  
M. Kochetkova ◽  
K. Shumova
Keyword(s):  
Fair Trial ◽  
Civil Case ◽  
Forensic Examination ◽  
Civil Proceedings ◽  
Special Knowledge ◽  
Civil Cases ◽  
The Right

This article is devoted to forensic examination as a condition for the realization of the right to a fair trial of a civil case in the context of changing legal reality. The study of forensic examination as a form of using special knowledge in civil proceedings is relevant and promising. The article discusses the conditions and guarantees of the right to a fair trial, sets out the theoretical problems of forensic examination, the procedural procedure for the appointment and conduct of forensic examination in civil proceedings, features of the appointment of forensic examination for certain categories of civil cases.

scholarly journals CONSTRUCTION AND TECHNICAL EXAMINATION ON INDIVISIBILITY OF A RESIDENTIAL BUILDING AS A MEAN OF ESTABLISHING EVIDENCE IN CIVIL PROCEEDINGS

2020 ◽  
pp. 781-789
Author(s):  
T. Kravtsova
Keyword(s):  
Common Property ◽  
Residential Building ◽  
Integrated Approach ◽  
Large Area ◽  
Forensic Examination ◽  
Civil Proceedings ◽  
Technical Examination ◽  
The Common ◽  
The Right ◽  
A Share

The article deals with the issues of forensic examination as a mean of establishing evidence in civil proceedings, highlights the peculiarities of construction and technical examination in cases of termination of a person’s right to share in the common property. The author concludes that provision of the construction and technical examination in cases related to the termination of a person’s right to a share in the common property requires an integrated approach. An expert shall use various methods, evaluate the object of an examination according to various criteria, and make consistent and logical conclusions in order to prepare an informative report. Proper justification of the plaintiff’s position and proof of the technical impossibility of dividing the disputed property provides court with the grounds to satisfy the claim on termination of the right to a share in the residential building even with large area. However, like any other evidence, the expert’s report does not have a predetermined force for the court and is subject to assessment in conjunction with other evidence and circumstances of the case.

scholarly journals The Meaning of Pleadings of the Parties and Third Persons in the Delivery of a Legitimate and Substantiated Judgment in Civil Proceedings

2021 ◽  
Vol 1 ◽  
pp. 34-37
Author(s):  
Natalya N. Tkacheva ◽  
Keyword(s):  
Russian Federation ◽  
Civil Procedure ◽  
Third Parties ◽  
Important Condition ◽  
Procedure Code ◽  
Forensic Examination ◽  
Civil Proceedings ◽  
The Russian Federation ◽  
Rights And Interests ◽  
The Right

Justice in the Russian Federation is carried out according to the rules established by the civil procedure code of the Russian Federation. As the primary and most important condition of justice and a guarantee of protection of the rights and interests of interested persons, by making a legal and justified decision, the need for the court to establish the actual circumstances of the case is highlighted. The means by which the court is able to reconstruct the picture of what happened include evidence, that is, the evidence of a crime. information obtained by legal means about the facts by which the court can determine the presence or absence of circumstances justifying the position of the parties, as well as other circumstances. Explanations of the parties and third parties are mandatory and primary evidence in civil proceedings. Whether the party’s position is true and justified, and how other means of proof, such as the results of a forensic examination, or testimony, relate to the party’s explanations, will determine the outcome of the dispute in court and, accordingly, the satisfaction or refusal to satisfy the claims. Abuse of the right to appeal to the court, as well as lying in court is an unacceptable, so one of the tasks of the court is to properly consider the case by establishing all the circumstances of the case, including the explanation of the parties and third parties, in order to protect the violated or disputed right.

scholarly journals Comparative Analysis of the Legal Status of an Expert in Civil and Arbitration Proceedings

2020 ◽  
Vol 6 (12) ◽  
pp. 328-332
Author(s):  
Khegai
Keyword(s):  
Comparative Analysis ◽  
Social Relations ◽  
Legal Status ◽  
Forensic Examination ◽  
Civil Proceedings ◽  
The Social

This article is devoted to the problematic aspects of the legal status of experts in arbitration and civil proceedings. The object of this article is the social relations arising in connection with the appointment and production of expertise in civil and arbitration proceedings. The role and significance of an expert in civil and arbitration proceedings are determined, and the features of the legal status of an expert in civil and arbitration proceedings are highlighted through a comparative analysis. The differences in the legal status of experts are revealed, which can negatively affect the effectiveness of forensic examination and the process of proving in general.

scholarly journals On the implementation of the principles and features of the appointment of judicial examination in civil judicial proceedings

2021 ◽  
pp. 33-38
Author(s):  
Larysa Bielik ◽  
Antonina Cheremnova
Keyword(s):  
Court Order ◽  
Forensic Examination ◽  
Civil Proceedings ◽  
The Supreme Court ◽  
Expert’S Opinion ◽  
Judicial Proceedings ◽  
Special Knowledge ◽  
Characteristic Features ◽  
The Right ◽  
The Relationship

The article is devoted to the aspects of the implementation of the principles and the specifics of the appointment of forensic examination in civil proceedings. The system of normative legal acts on forensic examination in civil proceedings has been investigated. The relationship between the concepts of "expertise" and "forensic examination" have been determined and analyzed. The characteristic features of forensic examination have been studied: first, forensic examination is determined by a specific procedural form; secondly, it can be carried out on the basis of a court order; thirdly, forensic examination is carried out by a forensic expert; fourthly, a correctly drawn up expert opinion is a means of proof in civil proceedings; fifth, the results of the forensic examination are used by the court. Highlighted and analyzed are the principles of forensic examination in civil proceedings, provided for by Art. 3 of the Law of Ukraine "On Forensic Expertise", namely the legality, independence, objectivity and completeness of the study. Separately, the set of conditions for which, in accordance with Art. 103 of the Civil Procedure Code of Ukraine, the court appoints an examination of the case: firstly, to establish the circumstances that may be significant for the case, for the sake of which special knowledge is required in a field other than law, without which it is impossible to establish the relevant circumstances; secondly, in the case when the parties or the party did not present the expert's opinion on a specific issue or the expert's opinion raises doubts about its correctness. A list of specific actions that the court at the stage of deciding on the appointment of a forensic examination has the right to implement in accordance with the Resolution of the Plenum of the Supreme Court of Ukraine dated May 30, 1997 No. 8 "On forensic examination in criminal and civil cases" is provided. The aspects of the appointment and conduct of forensic examination in civil proceedings are analyzed. The facts are highlighted that should be taken into account when deciding on the advisability of appointing an examination in a civil case

ADMINISTRATION MODELS IN THE SYSTEM OF FORENSIC EXAMINATION INSTITUTIONS FROM THE POSITION OF SCIENTIFIC MANAGEMENT

2016 ◽  
Vol 16 ◽  
pp. 179-184
Author(s):  
S. V. Kudryashova
Keyword(s):  
Scientific Management ◽  
Competing Values ◽  
State Institutions ◽  
Advantages And Disadvantages ◽  
Forensic Examination ◽  
Forensic Institutions ◽  
The Individual

The individual forensic activity in comparison with the activity of forensic experts of specialized state institutions is considered, the main advantages and disadvantages are determined. The directions of development of specialized state and non-state forensic institutions are presented in accordance with R. Quinn's competing values model.

For Pity's Sake

2011 ◽  
Vol 4 (2) ◽  
pp. 253-270 ◽  
Author(s):  
Alan Hodkinson ◽  
Chandrika Devarakonda
Keyword(s):  
Global Education ◽  
Affective Commitment ◽  
Belief Systems ◽  
Teacher Discourse ◽  
Cultural Contexts ◽  
Religious Traditions ◽  
Forensic Examination ◽  
Indian Tradition

This paper offers a critique of transnational aspects of ‘inclusion,’ one of those global education buzzwords that as Slee (2009) puts it, say everything but say nothing. It starts off by trying to compare Indian and English usages and attitudes at the level of teacher discourse, and notes the impossibility of any ‘authentic’ translation, given the very different cultural contexts and histories. In response to these divergences, the authors undertake a much more genealogical and ‘forensic’ examination of values associated with ‘inclusion,’ focussing especially on a key notion of ‘pity.’ The Eurocentric tradition is traced from its Platonic origins through what is claimed to be the ‘industrialization of pity’ and its rejection as a virtue in favour of more apparently egalitarian measures of fairness. The Indian tradition relates rather to religious traditions across a number of different belief systems, most of which centre on some version of a karmic notion of pity. The authors both criticise and reject ‘inclusion’ as a colonisation of the global and call for a new understanding of notions like ‘pity’ as affective commitment rather than ‘fair’ dispensation of equality.

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