Engagement of foreign experts in the administrative judicial proceedings in Ukraine

The article examines the legal and organizational aspects of engaging foreign experts during administrative judicial proceedings in Ukraine. In line with its chosen path of European integration, Ukraine has committed to aligning its justice system with European standards, particularly concerning the protection of human rights and freedoms in administrative justice. Ukraine's obligations under the Association Agreement on Cooperation with the European Union in the field of justice include reforms in this area. However, the issue of engaging foreign experts remains underregulated. Judicial practice in Ukraine currently allows the engagement of foreign experts only for conducting commission-based expert examinations. The Code of Administrative Proceedings of Ukraine lacks any specific legal provision for such engagement. This legal uncertainty negatively impacts the organization and conduct of expert examinations, creating barriers not only to deeper integration into the global community but also to ensuring justice within the administrative judicial system. It limits individuals' ability to present evidence and prove their case in court. The authors aim to highlight the organizational and legal benefits of engaging foreign experts during administrative judicial proceedings in Ukraine. The methodological framework of the study includes general scientific and specialized methods of cognition. Particular attention is paid to the methods of synthesis and comparison, through which positive practices of European courts are identified. The authors propose two potential solutions to address the issue: introducing amendments to the Law of Ukraine "On Forensic Expertise»; Following general trends in the unification of judicial processes, adopting the draft law "On Forensic Expert Activity in Ukraine," which would provide for the engagement of foreign experts and meet modern citizens' needs in protecting their rights and freedoms

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Publication Details

Journal
ScienceRise Juridical Science
Published
2025-03-27
DOI
https://doi.org/10.15587/2523-4153.2025.325943
Citations
1
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
8.52
Controls
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article

Engagement of foreign experts in the administrative judicial proceedings in Ukraine

Alla Kovalchuk, Irina Nakonechna
1 citations
ScienceRise Juridical Science
European and International Law Studies
8.52
article

Engagement of foreign experts in the administrative judicial proceedings in Ukraine

Alla Kovalchuk, Irina Nakonechna
article en
1 citations

Abstract

The article examines the legal and organizational aspects of engaging foreign experts during administrative judicial proceedings in Ukraine. In line with its chosen path of European integration, Ukraine has committed to aligning its justice system with European standards, particularly concerning the protection of human rights and freedoms in administrative justice. Ukraine's obligations under the Association Agreement on Cooperation with the European Union in the field of justice include reforms in this area. However, the issue of engaging foreign experts remains underregulated. Judicial practice in Ukraine currently allows the engagement of foreign experts only for conducting commission-based expert examinations. The Code of Administrative Proceedings of Ukraine lacks any specific legal provision for such engagement. This legal uncertainty negatively impacts the organization and conduct of expert examinations, creating barriers not only to deeper integration into the global community but also to ensuring justice within the administrative judicial system. It limits individuals' ability to present evidence and prove their case in court. The authors aim to highlight the organizational and legal benefits of engaging foreign experts during administrative judicial proceedings in Ukraine. The methodological framework of the study includes general scientific and specialized methods of cognition. Particular attention is paid to the methods of synthesis and comparison, through which positive practices of European courts are identified. The authors propose two potential solutions to address the issue: introducing amendments to the Law of Ukraine "On Forensic Expertise»; Following general trends in the unification of judicial processes, adopting the draft law "On Forensic Expert Activity in Ukraine," which would provide for the engagement of foreign experts and meet modern citizens' needs in protecting their rights and freedoms

ScienceRise Juridical Science(1(31))
National Academy of Sciences of Ukraine (UA), Security Service of Ukraine (UA), Kyiv University of Law (UA)
Openalex Percentile: Top 5%
European and International Law Studies
8.52
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