Expertise (from lat. Expertus - experienced, knowledgeable) - a study conducted by a person who is knowledgeable in science, technology, art or craft, engaged on behalf of interested parties, in order to get answers to questions that require special knowledge.
The examination is carried out on issues arising in legal relations between legal entities, with the aim of resolving disputes, establishing evidence. The examination is carried out by a specially attracted person - an expert with special knowledge that its initiators do not possess.
An expert study is formalized by a motivated expert opinion, which describes the progress of the study and provides answers to the questions posed. The obtained conclusion is evidence proving the presence / absence of the factual data of interest in resolving a particular issue or becomes the basis for a trial.
The science of expertise is expertology .
Content
- 1 Types of expertise
- 1.1 Legal status
- 1.2 In terms of research
- 1.3 According to the sequence of
- 1.4 According to the number and composition of experts
- 1.5 By tasks
- 1.6 By the nature of the use of specialized knowledge
- 1.6.1 Forensic
- 1.6.1.1 Traditional forensic examinations
- 1.6.1.2 New types of forensic examinations
- 1.6.1.3 Forensic examinations of materials, substances and products from them
- 1.6.2 Medical and psychophysiological examinations
- 1.6.3 Engineering Expertise
- 1.6.4 Engineering and transport expertise
- 1.6.5 Engineering and technological expertise
- 1.6.6 Economic Expertise
- 1.6.7 Biological examinations
- 1.6.8 Soil Expertise
- 1.6.9 Agricultural Expertise
- 1.6.10 Food Examinations
- 1.6.11 Environmental Expertise
- 1.6.12 Art expert examination
- 1.6.13 Others
- 1.6.1 Forensic
- 2 notes
- 3 See also
- 4 References
- 5 Literature
Types of Expertise
Legal Status
Judicial and extrajudicial examinations are distinguished by their legal status. These studies may be the same in terms of methodology and quality. What distinguishes them is the purpose of the examination; if the purpose of the examination is to use its results in a lawsuit, the examination is carried out in accordance with the relevant regulatory legal acts .
- Forensic examination - a procedural action consisting of conducting research and giving an opinion by an expert on issues whose resolution requires special knowledge in the field of science, technology, art or craft, and which are put before the expert by a court, judge, inquiry body, person conducting the inquiry or investigator , in order to establish the circumstances to be proved in a particular case. The prefix βJudicialβ gives the examination a special procedural status, which, in turn, determines the special procedure for its appointment, a strict list of entities that can appoint and conduct it, as well as their rights, duties and responsibilities. So, a forensic examination is appointed only by the court (in person, or at the request of the plaintiff, defendant, defense counsel or prosecutor (at the trial stage)), by the judge, the body of inquiry, the person conducting the inquiry or the investigator (at the stage of the preliminary investigation); may be appointed at the stage of preliminary investigation in criminal matters or at the stage of trial in the framework of criminal, civil, administrative and arbitration proceedings. A forensic examination is not just a study, but a procedural action regulated by laws (in Russia - the Code of Criminal Procedure , Administrative Code , agrarian and industrial complex , Code of State Law on state forensic expert activity in the Russian Federation) and other regulatory acts. A forensic expert is criminally liable for giving a false report, and the expertβs opinion may be evidence in the case.
- Extra-judicial examination - a study conducted by a person knowledgeable in science, technology, art or craft to resolve issues arising in legal relations between legal entities, with the aim of resolving disputes, establishing facts of interest. Extra-judicial examination is not related to legal proceedings; its scope is civil matters. However, it may be the basis for a trial or a criminal case if sufficient facts are established during its conduct. This examination does not have a special legal status, therefore, it can be initiated by any individual or legal entity, and the procedure for its conduct is free. As a rule, extrajudicial examinations are carried out on a reimbursable basis, by independent expert organizations or non-state experts specializing in this. Unlike forensic examinations, a person conducting an out-of-court examination does not bear criminal responsibility for giving a knowingly false conclusion. In the event of an error in the conclusions of the out-of-court examination, the person (s) carrying it out bear civil liability, expressed in compensation for material and moral harm, to the persons who suffered from this error.
By volume of research
- The main examination is the first examination.
- Additional examination - examination, which is appointed in cases of new questions regarding the object (s), which was investigated in the main examination. The need for the appointment of this examination usually arises in the event of new circumstances in the case, in the case of referral for examination of new comparative samples, etc.
By sequence
- Initial examination - an examination carried out in relation to a certain object, solving a range of questions, the answers to which were not given earlier in the ongoing research. Moreover, the initial examination can be both a primary and an additional examination, since the main criterion that indicates the originality of the examination is the uniqueness of the issues addressed in the framework of this study on a particular object.
- Re-examination - an examination conducted on the same objects and resolving the same issues as the initial examination, the conclusion of which is questioned.
When classifying an examination as initial or repeated, it should be borne in mind that issues resolved in the framework of extrajudicial examinations (studies) on specific objects may be repeated in forensic examinations, while forensic examinations will not be repeated because they have a special procedural status indicating that additional or repeated may be examinations consisting of their main or initial examinations in the same legal field.
By the number and composition of experts
- Sole examination - is carried out by one person with special knowledge.
- Commission examination is an examination carried out by several experts of the same specialty (or narrow specialization).
- Homogeneous - is carried out by representatives of one branch of science.
- Comprehensive examination - carried out by a specialist or specialists with knowledge in various fields of science.
By tasks
- non-identity examinations
- diagnostic examinations
- classification examinations
- situational
- reconstruction
- identification examinations
- group affiliation
- identity establishment
By the nature of the use of special knowledge
Forensic
- Criminological expertise
Traditional forensics
- Ballistic examination
- Traological examination
- Handwriting Expertise
- Technical and forensic examination of documents
- Fingerprint examination
- Portrait examination
- Examination of cold and throwing weapons
New types of forensic expertise
- Autoregressive examination
- Linguistic examination of written and oral texts
- Phonoscopic (phonographic) examination
- Video technical expertise
- Explosion technical expertise
- Examination of restoration of destroyed markings
Forensic examinations of materials, substances and products from them
- Examination of paints and coatings
- Examination of fibrous objects
- Examination of petroleum products and fuels and lubricants
- Examination of glass and ceramics
- Examination of gunpowder and shot products
- Examination of metals and alloys (metallurgical examination)
- Examination of polymer materials and products from them
- Examination of perfumes and cosmetics
- Examination of narcotic drugs and psychotropic substances
Medical and psychophysiological examinations
- Medical
- corpse medical examination
- medical examination of living persons
- medical examination of biological objects
- medical molecular genetic examination of evidence
- medical examination in cases of professional offenses of medical workers
- medical examination based on criminal and civil cases
- Psychiatric Examination
- Psychological examination
- Psycho-psychiatric examination
- Medical and social expertise
Engineering Expertise
- Fire technical expertise
- Electrical Expertise
- Construction and technical expertise
- Computer technical expertise
- hardware and computer expertise
- software and computer expertise
- computer information expertise
- computer network expertise
- safety expertise
Engineering and transport expertise
- Automotive
- study of the technical condition of vehicles;
- determination of the mechanism of a traffic accident;
- psychophysiological engineering expertise of the driver;
- transport and trasological;
- research of markings of vehicles;
- road transport (determination of the condition of roads);
- tire examination.
- Aviation Technical
- Railway technical
- Water transport and technical
Engineering and Technology Expertise
- Technological
- Commodity research
- examination of food products:
- examination of meat and dairy products
- fish product expertise
- grocery examination
- examination of wine products
- examination of non-food products:
- examination of consumer goods
- examination of electrical goods
- examination of haberdashery goods
- examination of fur goods
- examination of food products:
Economic Expertise
- Accounting Expertise
- Financial and economic expertise
- Engineering and Economic Expertise
- Financial and credit examination
- Tax examination
Biological Examinations
- Botanical expertise
- Zoological examination:
- ornithological - examines the down and feathers of birds;
- ichthyological - examines the scales and bones of commercial fish;
- Entomological - explores the life forms and waste products of insects.
- Odorological examination - examines the smells of traces
- Genomic Examination
Soil Expertise
- Soil Expertise
- Mineralogical (gemological) examination
Agricultural Expertise
- Agrobiological expertise
- Agrotechnical Expertise
- Veterinarian examination
- Veterinary toxicological expertise
Food Examinations
- Food research
- Study of alcohol-containing liquids
Environmental Expertise
- Environmental Ecology Expertise
- Examination Ecology Biocenosis
Art Examinations
Others
- Military medical examination
- Project Expertise
- Metrological examination
- Independent anti-corruption expertise
- Construction expertise
- Industrial Safety Expertise :
- Examination of buildings and structures;
- Examination of technical conditions;
- Examination of the declaration of industrial safety .
Notes
See also
- Expertology
Links
Literature
- Examination // Brockhaus and Efron Encyclopedic Dictionary : in 86 volumes (82 volumes and 4 additional). - SPb. , 1890-1907.
- B. G. Yudin Expertise - article from the Encyclopedia of Epistemology and Philosophy of Science // M .: βCanon +β, ROOI βRehabilitationβ ed. I.T. Kasavin 2009.
- B. D. Petrakov. Examination - an article from the Big Medical Encyclopedia // 3rd ed.
- Korenevsky Yu. V. Forensic Expertise - article from the Encyclopedia of Lawyer
- Alekseev A. I. Criminological Ecaperisation - an article from the Law Encyclopedia
- The Code of Criminal Procedure of the Russian Federation. Chapter 27 βPRODUCTION OF FORENSIC EXAMINATIONβ
- Kevorkova J.A. Economic expertise. Lecture course. . - 2016. - (Study Guide). - ISBN 978-5-392-21144-9 .
- E R Rossinskaya. Forensic examination in civil, arbitration, administrative and criminal proceedings . - 3rd. - 2011. - ISBN 978-5-468-00327-5 .
- Expertise in legal proceedings. Textbook. / E R Rossinskaya. - 2016. - ISBN 978-5-392-18402-6 .
- Price of a word: From the practice of linguistic examinations of media texts in lawsuits to protect honor, dignity and business reputation. / M.V. Gorbanevsky . - M .: βGalleryβ, 2001.