Conflict of Norms Regulating the Presentation of Forensic Medical Examination

The legal regulation of forensic experts’ powers is linked with the historical process of the Russian legal system’s formation in general and forensic expertise in particular. The origin of forensic expertise is traditionally associated with the forensic medical research, as well as the appearance of the first expert institutions. That is why the development of legal regulation of this type of forensic expertise can be used to trace the stages of development and some features of the forensic expertise system’s formation, to understand the reasons for the origin of both positive and negative trends in this process. The article shows the root causes of the legal scholars and forensic experts’ views on the admissibility to intrude the latter into the field of investigative work. Echoes of these views are also present in modern documents regulating the production of forensic medical examinations. The author analyses the provisions of the current Order No. 491n of September 25, 2023 “On approval of the procedure for conducting a forensic medical examination”, shows the inconsistency of the content of paragraph 35 and related provisions, which sharply contradict the requirements of the Criminal Procedure Code of the Russian Federation.