of May 31, 2001 No. 73-FZ
About the state judicial and expert activities in the Russian Federation
Accepted by the State Duma on April 5, 2001
Approved by the Federation Council on May 16, 2001
This Federal Law determines the legal basis, the principles of the organization and the main directions of the state judicial and expert activities in the Russian Federation (further - the state judicial and expert activities) in civil, administrative and criminal trial.
Production of judicial examination taking into account features of separate types of legal proceedings is regulated by the relevant procedural legislation of the Russian Federation.
The state judicial and expert activities are performed in the course of legal proceedings by the public judicial and expert institutions and the state court experts (further also - the expert), consist in the organization and production of judicial examination.
Task of the state judicial and expert activities is rendering assistance to courts, judges, bodies of inquiry, to persons making inquiry, to investigators in establishment of the circumstances which are subject to proof on specific case by means of permission of the questions requiring special knowledge in the field of science, the equipment, art or craft.
The state judicial and expert activities are based on the principles of legality, observance of rights and freedoms of man and citizen, rights of the legal entity, and also independence of the expert, objectivity, comprehensiveness and completeness of the researches conducted with use of modern achievements of science and technology.
The state judicial and expert activities are performed on condition of the exact execution of requirements of the Constitution of the Russian Federation and other regulatory legal acts constituting the legal basis of these activities. Violation of the law when implementing judicial and expert activities is inadmissible and involves the responsibility established by the legislation of the Russian Federation.
The state judicial and expert activities are performed in case of steady respect for equality of citizens, their constitutional rights on freedom and security of person, advantage of the personality, personal privacy, the personal and family mystery, protection of honor and reputation, and also other rights and freedoms of man and citizen according to the conventional principles and rules of international law and according to the Constitution of the Russian Federation.
The judicial and expert researches (further - researches) requiring temporary restriction of freedom of person or his security of person are conducted only on the bases and according to the procedure which are established by the Federal Law.
Person believing that actions (failure to act) of the public judicial and expert institution or the expert led to restriction of the rights and freedoms of the citizen or the rights and legitimate interests of the legal entity having the right to appeal the specified actions (failure to act) according to the procedure, established by the legislation of the Russian Federation.
In case of production of judicial examination the expert is independent, he cannot be in any dependence on body or face, the appointed judicial examination, the parties and other persons interested in the outcome of the case. The expert draws the conclusion, based on results of the conducted researches according to the special knowledge.
Impact on the expert from courts is not allowed, judges, bodies of inquiry, persons making inquiry, investigators and prosecutors and also other state bodies, the organizations, associations and individuals for the purpose of receipt of the conclusion for benefit of any of participants of process or for the benefit of other persons.
Persons guilty of rendering impact on the expert, are subject to responsibility in accordance with the legislation of the Russian Federation.
The expert conducts researches objectively, on strictly scientific and practical basis, within the corresponding specialty, comprehensively and in full.
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