FEATURES OF USING FORENSIC EXPERTISE UNDER THE LAWS OF UKRAINE AND FRANCE

Abstract

The authors have analyzed the current procedural legislation of France on performance of forensic expertises; have revealed common and distinctive features with the procedural legislation of Ukraine to determine the possibilities of using positive experience to improve the expertise activities in Ukraine. Particular attention is paid to the principles of the expert’s activities and the possibilities of their implementation in Ukraine; to the research of the expert’s participation in the court proceedings and the role in the conclusion of an amicable agreement.

Proceedings of forensic expertise in Ukraine would significantly increase its effectiveness in the process of proving with the use of approaches that are widely used in French procedural law, namely: judicial expertise is understood and interpreted as an alternative method of judicial disputes resolution; experts are not only observers but also actors who participate in conciliation; an expert mediates the parties, whom he meets, interviews, listens, meets with records; he takes a winning position to simplify the conclusion of an amicable agreement.

As a result of the conducted research of procedural laws of France concerning the conduction of expertises it has been established that the adversarial process is realized through constant interaction between the participants of the proceedings with the judicial expert. In turn, the transparency of the process is guaranteed with preparing a significant number of mandatory documents by the expert (reports, interim notes, landmark report, summarizing note, preliminary report, final report), which are introduced to parties that may raise additional questions.