Theoretical Aspects of the Poduction of Forensic Assessment in State and Non-State Institutions
- Autores: Chernyshov V.V.1,2
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Afiliações:
- Russian customs academy
- «Top Expert» Legal Expertise Center
- Edição: Volume 17, Nº 3 (2024)
- Páginas: 193-199
- Seção: Criminal Law Sciences
- URL: https://journals.eco-vector.com/2072-3164/article/view/634234
- EDN: https://elibrary.ru/KXKSQX
- ID: 634234
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Resumo
Judicial appraisal is an essential element of legal practice aimed at analyzing and evaluating the value, value and characteristics of objects of legal significance in the context of litigation. This type of expertise plays a crucial role in resolving legal disputes, ensuring an objective and fair trial of court cases. However, despite the importance of forensic assessment, there are a number of serious problems affecting the process of its appointment and production in both public and private (non-governmental) expert institutions. In this article, the author examines these problems in detail and indicates potential approaches to their solution.
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Sobre autores
Vadim Chernyshov
Russian customs academy; «Top Expert» Legal Expertise Center
Autor responsável pela correspondência
Email: v-mail7@yandex.ru
postgraduate student of the Criminal Law Studies Department
Rússia, Lyubertsy; MoscowBibliografia
- Bardulin E.N. Judicial appraisal examination: features of conducting / E. N. Borodulin, A.V. Buga, M. V. Suleymanova // Economics and management of the national economy (St. Petersburg). – 2019. – № 4(6). – Pp. 158-164.
- Kuznetsov A.P., Generalov A.V., Voronchikhin D.V. Evaluation activity in arbitration and civil proceedings: studies. stipend. Statute, 2016. 222 p.
- Prorvich V. A. Fundamentals of Judicial Appraisal Expertise: A Textbook. Moscow: Infra M, 2018. 199 p.
- Rossinskaya E.R. Theory of forensic examination (Forensic expert science): textbook / E.R. Rossinskaya, E.I. Galyashina, A.M. Zinin; edited by E.R. Rossinskaya. - 2nd ed., revised and additional. - Moscow: Norma: INFRA-M, 2020. - p. 368.
- Savitsky A.A. Judicial appraisal expertise VS appraisal activity: comparative analysis of conceptual contradictions, ways of leveling discrepancies // Assessment issues. – 2019. – № 3(97). – Pp. 18-24.
- Regulatory documents
- Federal Law of May 31, 2001 N 73-FZ "On Judicial Expertise Activity in the Russian Federation" // ConsultantPlus Legal System.
- Federal Law "On Appraisal Activity in the Russian Federation" of July 29, 1998 N 135-FZ // ConsultantPlus Legal System.
- Order of the Ministry of Justice of the Russian Federation dated January 27, 2023 N 11 "On Approval of the Regulation on the Certification for the Right to Independently Conduct Judicial Expertise by Employees of Federal Budgetary Judicial Expert Institutions of the Ministry of Justice of the Russian Federation" // ConsultantPlus Legal System.
- Order of the Investigative Committee of Russia dated July 24, 2020 N 77 "On Approval of the Procedure for Determining, Reviewing Qualification Level, and Certification of Experts of the Federal State Budgetary Institution 'Judicial Expert Center of the Investigative Committee of the Russian Federation' for the Right to Independently Conduct Court Expertise" // ConsultantPlus Legal System.
- Order of the Ministry of Justice of the Russian Federation dated April 20, 2023 N 72 "On Approval of the List of Types of Judicial Expertise Performed in Federal Budgetary Judicial Expert Institutions of the Ministry of Justice of Russia, and the List of Expert Specialties Eligible for Independent Conduct of Judicial Expertise in Federal Budgetary Judicial Expert Institutions of the Ministry of Justice of Russia" // ConsultantPlus Legal System.
- Order of the Ministry of Internal Affairs of Russia dated June 29, 2005 N 511 (as amended on September 27, 2023) "On Organization of Judicial Expertise Production in Forensic Units of the Internal Affairs Bodies of the Russian Federation" // ConsultantPlus Legal System.
- Decree of the Government of the Russian Federation dated November 16, 2021 N 3214-r (as amended on October 31, 2023) "On the List of Types of Judicial Expertise Exclusively Conducted by State Judicial Expert Organizations" // ConsultantPlus Legal System.
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