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LAW OF UKRAINE

of February 25, 1994 No. 4038-XII

About judicial examination

(The last edition from 19-12-2017)

This Law determines legal, organizational and financial basis of judicial and expert activities for the purpose of ensuring justice of Ukraine with the independent, qualified and objective examination oriented to the maximum use of achievements of science and technology.

Section I General provisions

Article 1. Concept of judicial examination

Judicial examination is research on the basis of special knowledge in the field of science, the equipment, art, craft and so forth of objects, the phenomena and processes for the purpose of provision of the conclusion on questions which are or will be subject of legal proceedings.

Article 2. Legislation of Ukraine on judicial examination

The legislation of Ukraine on judicial examination consists of this Law, other regulatory legal acts.

If the international treaty which consent to be bound is this the Verkhovna Rada of Ukraine establishes other rules, than stipulated by the legislation Ukraine about judicial examination, rules of the international treaty of Ukraine are applied.

Article 3. Principles of judicial and expert activities

Judicial and expert activities are performed on the principles of legality, independence, objectivity and completeness of research.

Article 4. Guarantees of independence of the court expert and correctness of its conclusion

Independence of the court expert and correctness of its conclusion are provided:

the procedure for appointment of the court expert established by the law;

prohibition under the threat of the responsibility provided by the law to interfere to somebody with production of judicial examination;

existence of organizations of the judicial examinations, independent from what perform investigation and search operations, bodies of pre-judicial investigation and court;

creation of necessary conditions for activities of the court expert, its material and social security;

criminal liability of the court expert for making obviously false conclusion and refusal without valid excuse of execution of the obligations assigned to it;

possibility of purpose of repeated judicial examination;

presence of participants of process at the cases provided by the law in case of production of judicial examination.

Article 5. Maximum preserving objects of research

In case of production of judicial examinations objects of research can be damaged or spent only in that measure in which it is necessary for research.

Article 6. Providing working conditions of the court expert on the location of objects of research

If judicial examination it is necessary to make on site incidents or on the location of object of research, person or body, it appointed or by request of which it is carried out, shall provide to the court expert easy access to object of research and proper working conditions.

Article 7. Subjects of judicial and expert activities

Judicial and expert activities in criminal proceedings are performed by the public specialized agencies, and in other cases - also court experts who are not employees of the specified organizations, and other specialists (experts) from the corresponding industries of knowledge according to the procedure and on the conditions determined by this Law.

Treat the public specialized agencies:

research establishments of judicial examinations of the Ministry of Justice of Ukraine;

research establishments of judicial examinations, medicolegal and forensic-psychiatric organizations of the Ministry of Health of Ukraine;

expert services of the Ministry of Internal Affairs of Ukraine, Ministry of Defence of Ukraine, Security Service of Ukraine and State Border Service of Ukraine.

Exclusively public specialized agencies perform the judicial and expert activities connected with production of criminalistic, medicolegal and forensic-psychiatric examinations.

The part four is excluded.

Article 7-1. Bases of conducting judicial examination

The basis of conducting judicial examination is the corresponding judgment or the decision of body of pre-judicial investigation, or the contract with the expert or expert organization - if expertize is carried out by request of other persons.

Article 8. Scientific and methodical and organizational and managerial ensuring judicial and expert activities

The organization of scientific and methodical ensuring judicial and expert activities and organizational and managerial bases of activities of the public specialized agencies are assigned to the ministries and other central executive bodies which sphere of management the public specialized agencies performing judicial and expert activities treat.

For consideration of the most important issues of development of judicial examination having interdepartmental nature under the Ministry of Justice of Ukraine the Coordination council on problems of judicial examination which is effective according to the Regulations on it approved by the Cabinet of Ministers of Ukraine is created.

Techniques of production of judicial examinations (except medicolegal and forensic-psychiatric) are subject to certification and state registration according to the procedure, determined by the Cabinet of Ministers of Ukraine.

The Ministry of Justice of Ukraine provides the edition of the interdepartmental scientific and methodical collection "Criminalistics and Judicial Examination".

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