On the question of different approaches to assessment expert opinion

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Introduction: The article discusses the various forms of evaluation of the expert opinion; analyzes the different types of procedural forms of evaluation of the expert opinion indicating shortcomings in the theory and practice of procedural evaluation; describes in detail the types of non-procedural evaluation of the expert opinion, characterizes, offers their classification; special attention is paid to the purpose and conditions of reviewing, shows the need to comply with these conditions in order to achieve a high degree of objectivity of reviewing; the importance of reviewing the expert's conclusion as one of the effective types of non-procedural assessment in forensic activities and in legal proceedings as a whole is shown. Materials and methods: The normative basis of the study is formed by the Constitution of the Russian Federation, criminal and criminal procedural legislation, local regulations governing the conduct of forensic examinations, as well as formulating the main provisions of the expert opinion assessment. The methodological basis of the study was the General dialectical method of scientific knowledge, which is universal, as well as methods of logical deduction, induction, cognitive methods and techniques of observation, comparison, analysis, generalization and description. Results: Allowed to identify some problems of legislative regulation of the procedural assessment of the expert opinion, to reveal the content of various forms of evaluation of the expert opinion, as well as the need for understanding by the investigator in the procedural assessment of the expert opinion of the logical justification of the results of the expert study. Conclusions and conclusions: The analyzed approaches, the recommendations of the expert opinion assessment allow to increase the level of logical justification and objective assessment of the conclusions in the expert opinion, which will improve the quality of the expert opinion assessment.

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Forensic examination, forensic expert activity, special knowledge, specialist, expert, internal conviction of the expert

Короткий адрес: https://sciup.org/143166740

IDR: 143166740   |   DOI: 10.24411/2312-3184-2019-10025

Статья научная