SOME ISSUES OF FORENSIC EXAMINATION AND THEIR SETTLEMENT UNDER THE NEW EDITION OF THE CIVIL CODE OF UKRAINE
Journal Title: Часопис цивілістики - Year 2018, Vol 29, Issue
Abstract
The article is devoted to the identification and study of the main provisions of forensic examination in the civil process, as well as the study of the features of the appointment of forensic examination under the rules of the updated CPC of Ukraine, as well as the study of some provisions related to the terms of expert examination in expert institutions and the drawing up of expert examination findings in accordance with the existing procedural code and instruction on the appointment and conduct of forensic examinations. Some changes have significantly changed and modernized the modern procedural model. In connection with this, there was a need to revise and supplement a number of provisions related to the development and settlement of litigation in court proceedings. The new version of the Civil Procedural Code of Ukraine has been in effect since December 15, 2017. Forensic examination, as before, is one of the forms of applying natural sciences, non-juridical knowledge and scientific and technical achievements in various processes, including civil ones. As a result of an expert study, actual data is established that affects the correct resolution of the case. Forensic examination is a specialist research knowledge in the field of science, technology, art, crafts, etc., phenomena and processes in order to give an opinion on what is or will be the subject of the trial. It should be noted that the problems associated with the legal regulation of the appointment and conduct of forensic examinations depends on changes that modernize the current legislation and the development of special knowledge and techniques that can influence the correct resolution of civil cases. The purpose of the study is to emphasize the existing stories in the amended legislation and their possible application in judicial practice.
Authors and Affiliations
Олена Миколаївна Соломахіна
Keywords
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