Some problematic aspects of questions put to the forensic experts concerning overdraft for legal entities

Considering the fact, that within the bounds of current market relations the sufficient sum of the working capital is predominant for a high competitiveness of a legal entity, the purpose of the article is to cover some problematic issues in drawing up an expert report on cases, regarding overdraft for legal entities. Methodology. The methodology of this article includes an effective comprehensive analysis, generalization of available scientific and theoretical material and forming relevant conclusions and recommendations. The following methods of scientific research have been used during the study: terminological, logical-semantic, functional, systemic-structural, logical-normative. Results. In the course of the research some main problematic aspects of questions put to the forensic experts concerning overdraft for legal entities were identified. A standard list of documents required to obtain an overdraft has been compiled, as well as the list of basic principles, on which the requirements to the borrower are based. Scientific novelty. The scientific novelty of the research is demonstrated through the thoughtful clarification and complementation and determining of the overdraft classification criteria, compilement of the list of documents required to obtain it, as well as the list of basic, fundamental principles, on which the primary requirements to the borrower are based. Practical significance. The significant results of the study can be used by forensic experts in economic forensic investigations in drawing up expert reports on cases, regarding overdraft for legal entities.

Speech genre of an expert report in the context of communicative goal-setting

The article studies a speech genre of an expert report. The study focuses on the realization of the most significant genre-forming feature – the communicative goal of an expert report. Scientific novelty is connected with the fact that an expert report is studied in the context of being a result of speech activity; within the theory of speech genres and communicative linguistics. The article focuses on the basic characteristics of the genre, its communicative goal-setting peculiarities, and the influence of an expert report type on the communicative goal realization. The analysis shows that the speech genre of an expert report is included into the terminological and actual boundaries of a wider and larger phenomenon, known as a speech event, which is realized by a set of speech genres and represents a form of organization of communication with certain participants. As a speech event, an expert report possesses a complex ritualized nature which makes it possible to define it as a complex speech event. The article studies the speech genre of an expert report as a leading genre of a speech event with the same name. The analysis has found out a dual trend of an expert report in communicative goal-setting, represented by: 1) information communication (informative objective) and 2) evaluation expression (evaluative objective). The balance between the two objectives is determined by an expert report type. Expert reports of traditional (special-purpose) type are found to appeal to consciousness and logic with the informative illocution being a predominant goal; while in case of humanitarian expert reports, subjective emotional experience and assessment serve the same purpose being applied in practice in the dominating evaluative illocution.

The Keenest Condiments: the Spectrum of Experts Across Traditions in Construction Arbitration

This paper will explore the role of expert witnesses in international construction arbitration across legal traditions. The focus will be to highlight the differences between the two types of experts. For the purposes of this paper, we will draw a spectrum with two extreme examples of expert witnesses. On one extreme of the spectrum, there is the expert who makes a living out of expert work and thus is seen to be closer to the client. On the other extreme of the spectrum, there is the expert who is providing an opinion on something that is his or her life’s work, this expert might never have given an expert report before. Both ends of the spectrum are heavily criticized. The goal is to distinguish both sides of the spectrum, considering the aspects of Civil Law and Common Law traditions.

Evaluation of forensic computer and technical expertise in criminal proceedings

The purpose of the article is to clarify the place and role of the expert report based on the results of forensic computer and technical expertise as a source of evidence in criminal proceedings. The subject of the study: The subject of research is forensic computer and technical expertise as a source of evidence in criminal proceedings. Methodology: The method of system analysis, formal and logical, system and structural methods, the methods of modeling and forecasting were used in the course of the research were used in the course of the study. The results of the study: According to the results of the study, the authors conclude that forensic computer and technical expertise is the main procedural form of using special knowledge in the area of computer technology, and its results may be the most important part of the evidence base in the specific criminal proceedings. Practical consequences: It is concluded that the use of the expert report based on the results of forensic computer and technical expertise in criminal proceedings is its application by the subjects of evidence during the qualification of criminal offense to establish facts and circumstances relevant to criminal proceedings and subject to proof, as well as to resolve other tactical tasks. Value / originality: The authors’ definition of assessing expert report based on the results of forensic computer and technical expertise is offered.

Crime Scene Investigation Issues: Present Issues and Future Recommendations

Crime Scene Investigation is the backbone of any criminal investigation. Expert report generated by Crime Scene Investigators are based on scientific evidence and are reported in a standard form. The content, when published should be reviewed rigorously by its peers. The expert report is a document detailing out how the investigation process of a crime scene was performed. The process of collecting and evidence processing do not only entail identifying, collecting and storing evidences for later analysis but it is a step by step process that is well structured in a document called Standard Operating Procedure (SOP) for Crime Scene Investigator. SOP is a complex document and sometimes overwhelmingly technical for the uninitiated. But if understood, it can be a good guide for law practitioners to determine if a piece of evidence should be included in a case. This article details out the SOP which entails groundwork before entering a crime scene, processing of a crime scene and wrapping up of the crime scene investigation. At each step, this paper will look at how it is adopted in current practices, its weakness and suggested improvement that should be adopted to ensure a final quality expert report.

On Review of an Expert’s Report on Action Proceedings in the Civil and Commercial Procedure

On claim proceedings, as a rule, an judicial expert's opinion is required to establish the objective side of the dispute. Assessing the credibility of the expert's report for the court is difficult, because it requires the use of special expert knowledge. Legal issues of preparation of the critical review (another expert's opinion) on the judicial expert' report, as a way to implement the adversarial principle of parties, are discussed. Provides guidance on the interaction between counsel and expert in the case of challenging the judicial expert's opinion.

Expert report on the Elina Sushkevich case

Per request of MD, Dr Sci Med, Professor, Academician of RAS Nikolay N. Volodin, President of Russian association of specialists in perinatal medicine (RASPM) one of leading specialists in obstetrics, gynecology and perinatal medicine in the world prof. Gian Carlo Di Renzo have prepared the Expert Report on the Elina Sushkevich case. Taken into account the importance of this case for healthcare professionals, we publish the full text in the original and translated into Russian.