Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC

Accepted at the forty ninth plenary session of Inter-parliamentary Assembly of the State Parties of the CIS
(The resolution of April 19, 2019 No. 49-8)

MODEL LAW

About judicial and expert activities

This Law determines organization-legal bases and the directions of expert activities in the State Parties of the CIS, and also governs the public relations arising under the organization and conducting judicial examination.

Chapter 1. General provisions

Article 1. Judicial and expert activities

Judicial and expert activities are activities of the judicial and expert organizations and court experts having special legal capacity, for the organization and production of judicial examinations in the course of legal proceedings on criminal, administrative, civil and arbitration cases, and also pre-judicial production on administrative cases and materials of investigation verification, and carried out at the request of court, body (person) who appointed examination production.

Article 2. Basic concepts and determinations

For the purposes of this Law the following basic concepts are used:

the judicial and expert organizations - the specialized state or non-state organizations (legal entities) created according to the legislation of the state to which court, body (person) having the right to appoint judicial examination in procedural procedure its production can be entrusted;

accreditation of the judicial and expert organizations - official recognition of competence of the legal entity in the field of judicial and expert activities according to the procedure, established by authorized body of the executive authority;

certification of the court expert - periodically performed procedure for determination of compliance of the court expert to qualification requirements, the established law;

validation - assessment of suitability of scientific techniques of judicial and expert research which is conducted by the judicial and expert organizations according to the procedure established by the law of the state, and is performed by research and provision of objective proofs that the expert fulfills specific requirements to specific target use of scientific and methodical providing in judicial and expert activities;

conclusion of the court expert - the conclusion of the court expert stated in writing on specific question which is constructed on the analysis of results of researches of objects of examination and is based on the internal belief of the expert created by results of objective, comprehensive and complete investigation based on special knowledge;

conclusion can be categorical and probabilistic;

categorical conclusion of the court expert - specific, unambiguous conclusion of the court expert about the fact;

probabilistic conclusion of the court expert - the reasonable assumption (hypothesis) of the court expert of the determined fact;

the expert opinion - the written instrument processed according to the requirements established by the legislation of the state, the reflecting course and results of judicial and expert research;

qualification of the court expert - complex of knowledge, the skills acquired by person having professional education by special preparation for the purpose of research of objects of examination of certain type;

medical hospital - the medical organization or department of the medical organization providing medical care stationary according to the legislation of the state in the field of health protection;

method of judicial and expert research - set of logical and (or) tool transactions (means, the methods, methods) used when studying objects of judicial examination for establishment of the actual data relating to subject of judicial examination;

technique of judicial and expert research - system of the scientific methods applied when studying objects of judicial examination to establishment of the actual data relating to subject of judicial examination;

scientific and methodical ensuring judicial examination - one of types of ensuring judicial and expert activities including development and deployment in expert practice of methodical materials on production of judicial examination, development of programs of additional professional education for specific expert specialties;

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