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TERRA ECONOMICUS

Expansion of private principles in legal expertise activity

TERRA ECONOMICUS, , Vol. 11 (no. 3.3),
p. 176-179

The article is devoted to one of the signs of private principles in criminal procedure – possibility to prescribe and carry out examination out of state expert institutions. During this work particular choosing criteria of parties, investigator and court relative to expertise prescription in non-state legal expertise institution were defined. There were analyzed legal and scientific approaches to definition of such terms as «non-state expert institutes» and «other experts». There were as well revealed contradictions in remedial legislation and court expert activity legislation concerning remedial status, proxy and jurisdiction of state and non-state legal experts. Also there was offered a reform of legal expertise activity which stipulate for a law acceptation regulating activity of state and non-state expert institutions and private experts, as well as creation of qualified certifying and licence organizations at the state level.


Keywords: private principles; criminal procedure; legal expertise; state legal expert institute; private expert; non-state expert institute; qualification

References:
  • Efremov I.A. (2011). Criminal procedure: expert and expert organization choosing. Russian law magazine, № 7, p. 64–68. (In Russian.)
  • Zhizhina M.V. (2009). Evaluation of expert’s conclusion authenticity as a proof in arbitration proceedings: problems and ways of resolving. Law and economics. № 3, p. 20–24. (In Russian.)
  • Muzhenskaya N.E. (2011). Legal expertise not in state legal expert institutes. Legality, № 12, p. 40–44. (In Russian.)
  • Rossinskaya E.R., Galyaschina E. (2009). Non-state expert institutes, their legal status and organization types. Legality, № 2. P. 28–32. (In Russian.)
  • Rossinskaya E.R., Galyaschina E. (2010). Judge’s handbook: legal expertise. «Prospect». (In Russian.)
Publisher: Southern Federal University
Founder: Southern Federal University
ISSN: 2073-6606