Some problems of appointment of expertise by the defense in Criminal Justice of Ukraine

Abstract

The aim of the work is, based on the analysis of current criminal procedural legislation, special literature, investigative and judicial practice, to identify criminal procedural and organizational problems in the appointment of forensic experts by the defense in criminal proceedings and to formulate proposals for their elimination.

The methodological basis of the study is based on dialectical method of scientific cognition. Formal- logical, formal-legal, comparative and modeling methods helped the author to identify and try to solve problems of appointment of expertise by the defense in the criminal justice of Ukraine.

Results. It is noted that according to the current Criminal Procedure Code of Ukraine, parties to criminal proceedings have equal rights to collect and submit to the court things, documents, other evidence, motions, complaints, as well as to exercise other procedural rights provided for by this Code. However, as a study of the investigative and judicial practice shows, the defense party does not always have the opportunity to exercise the right to appoint expert examinations at its own discretion by engaging an expert on contractual terms. It was established that most often the defense side is deprived of the opportunity to obtain the originals of the objects necessary for referral to the disposal of the expert, and, accordingly, it becomes difficult for the defense side to exercise the right to conduct an examination. Therefore, in reality, in practice, the defense side can only apply to the investigator, the prosecutor in accordance with Article 220 of the Criminal Procedure Code of Ukraine with a request to appoint a specific examination. Most often, the defense side is deprived of the opportunity to obtain the originals of the objects necessary for referral to the disposal of the expert, and, accordingly, it becomes difficult for the defense side to exercise the right to conduct an examination. Author thinks that the content of the request of the defense to the investigator, the prosecutor for the involvement of an expert, as well as the procedure for its consideration should be additionally regulated in the Code of Criminal Procedure of Ukraine.

Conclusions. The author concludes that the procedural rights of the defense party to appoint an expertise declared in the CPC of Ukraine do not fully correspond to the general principles of adversariality of the parties and freedom in providing their evidence to the court and proving their persuasiveness before the court. Therefore, this issue requires further study, generalization, refinement and legal improvement, which must be provided by clearly formed norms that determine the set of rights of the prosecution and the defense in relation to the involvement of an expert to conduct an examination.