Допит експерта у кримінальному провадженні: проблемні аспекти

The article examines the problematic aspects of the interrogation of an expert in criminal proceedings, the possibility of which is envisaged as a means of obtaining explanations from the expert regarding the opinion provided by him. The conclusion is made about the main reason for such problematic aspects - the lack of specialized knowledge in the court and other participants in the criminal proceedings that the expert possesses, and on the basis of which he conducts research (expertise) and provides an opinion. The powers of an expert defined by the Criminal Procedure Code of Ukraine are analyzed and attention is focused on the fact that the subject of the expert’s interrogation is related not only to the conclusion provided by him, but also covers a range of circumstances related to the exercise by the expert of his rights and obligations, which are provided for by the Criminal Procedure Code of Ukraine, and which arise in connection with his involvement in conducting an examination. The position on the expediency of involving a specialist in the interrogation of an expert, who, unlike the court and other participants in criminal proceedings, has specialized knowledge and will be able to provide qualified assistance for the effective interrogation of an expert both at the stage of preparation for the interrogation and during the interrogation itself, is substantiated. It is emphasized that it is advisable to involve as a specialist a person who is certified as a forensic expert in the assigned expert specialty. A certain algorithm of actions is proposed for the court and the parties to criminal proceedings that plan to involve a specialist for the interrogation of an expert, which takes into account the peculiarities of carrying out forensic expert activities in Ukraine. By analyzing the content of criminal procedural norms, attention is drawn to the procedure for interrogation an expert at the stage of pre-trial investigation, which is laid down (but not detailed) in criminal procedural legislation. At the same time, the opinion is defended regarding the inadmissibility of such interrogation of an expert, taking into account the nature of the expert’s conclusion. Instead, the possibility of ordering a repeated examination at the stage of pre-trial investigation in certain cases is noted. The inadmissibility of replacing the expert’s conclusion with his testimony given during the interrogation is emphasized. The importance of adhering to the existing procedure for interrogation an expert is noted, which is aimed at ensuring the general principles of criminal proceedings, in particular – the directness of the study of testimony, things and documents.