Improving the Procedural Mechanisms for Using an Expert’s Knowledge During a Preliminary Investigation

Introduction: in modern conditions of the development of society and the transformation of crime, the knowledge of a credentialed expert is of the essence in achieving the goals of criminal proceedings, since it is not possible to obtain this information by other means. Despite the special importance of the expert, the legislative regulation of the forms and procedural order of his participation in the evidentiary process is fragmented and contradictory. The focus of criminal procedure legislation on ensuring equality among the parties and enhancing adversarial principles necessitates improvements in several norms regarding the expert’s involvement in court proceedings as a source of evidentiary information. This highlights the importance of addressing the admissibility of the expert’s conclusions and testimony, along with the protocols for investigative actions conducted with their participation. The purpose of the study is to increase the effectiveness of the evidentiary process by eliminating defects in the legislative structures regulating the forms of expert participation in criminal proceedings. In the course of the research, such methods of cognition as formal legal methods in the form of the study of legal norms, concrete sociological methods, and comparative law were applied. Results: the paper formulates proposals for improving the criminal procedure mechanism for using expert conclusions and testimony as evidence, as well as the protocols of investigative actions involving their participation. Conclusions: the recommendations outlined in the paper on amendments to the criminal procedure legislation are aimed at optimizing the procedure for the participation of the expert in the evidentiary process, eliminating legal gaps, and developing uniform practice in this area. They can be used by law enforcement officials participating in the preliminary investigation and the consideration of the case on the merits, as well as by teaching staff in the organization of the educational process in the criminal procedure disciplines.