In regards to improvement of payment procedure for forensic expertise in civil and arbitration procedures
- Authors: Smirnova S.A.1, Mozgov M.V.1
-
Affiliations:
- Peoples' Friendship University of Russia named after Patrice Lumumba (RUDN)
- Issue: Vol 17, No 6 (2024)
- Pages: 123-129
- Section: Criminal Law Sciences
- URL: https://journal-vniispk.ru/2072-3164/article/view/279850
- DOI: https://doi.org/10.33693/2072-3164-2024-17-6-123-129
- EDN: https://elibrary.ru/ERBEUC
- ID: 279850
Cite item
Abstract
The purpose of the research. The article deals with the actual problem of payment for expertise in civil and arbitration proceedings. Legal norms in terms of payment for expertise, their transformation, and influence on the legal position of a forensic expert are analysed. The purpose of the study is to identify the existing gaps of legal regulation affecting the mechanism of payment for expertise, as well as the author's proposals for their settlement by making appropriate changes in the legislation. This is necessary to improve the mechanism of payment for expertise in civil and arbitration proceedings. Results. As a result of the conducted research, the author concludes that recent changes in the civil procedural legislation, in terms of assigning a forensic examination only after depositing money to the court deposit, if there are no grounds to assign it at the expense of the budget, have significantly improved the position of the expert, but still a number of issues remain unresolved. Expert organizations often face the problem of receiving money from the court deposit without a reason and sufficient grounds for such delay. The author concludes that the problem of payment for expert examinations in civil and arbitration proceedings should be approached in a differentiated manner, supplementing the legislation with special mechanisms dedicated to the payment of remuneration to the expert.
Full Text
##article.viewOnOriginalSite##About the authors
Svetlana A. Smirnova
Peoples' Friendship University of Russia named after Patrice Lumumba (RUDN)
Author for correspondence.
Email: smirnova_sva@pfur.ru
ORCID iD: 0000-0002-0063-5706
SPIN-code: 9628-3013
Dr.Sci.(Law), Professor, Honored Scientist of the Russian Federation, Honored Lawyer of the Russian Federation, Head of the Department of Judicial Activity of the Law Institute
Russian Federation, MoscowMaxim V. Mozgov
Peoples' Friendship University of Russia named after Patrice Lumumba (RUDN)
Email: mozgov_maxim@mail.ru
ORCID iD: 0009-0006-5367-8706
Cand.Sci.(History), Managing Director, Division for Judicial Recovery of Troubled Debts of Corporate Clients, Legal Department; Joint-Stock Company Gazprombank
Russian Federation, MoscowReferences
- Civil process : a textbook for students of higher legal educational institutions / D. B. Abushenko, K. L. Branovitsky, V. P. Volozhanin [et al.] ; ed. by V. V. Yarkov. V. Yarkov. 10th ed., rev. and supplement. Moscow : Statute, 2017. 702 p.
- Zamaraeva N.A. Forensic examinations: why experts are not paid and how to fix it? // Legal Academy. Legal talks webinars. Rubric “Author's View”. Link: https://legalacademy.ru/sphere/post/sudebnye-ekspertizy-pochemu-ekspertam-ne-platyat-i-kak-eto-ispravit.
- Zatonova D.Y. Property claim of a forensic expert on payment for the work performed by him. Commentary to the Decree of the Constitutional Court of the Russian Federation of July 20, 2023 N 43-P // Herald of Civil Procedure. 2023. N 6. P. 183 - 200.
- Epstein V.A. Actual problems of recovery of funds for forensic expertise in civil proceedings // Gaps in Russian legislation. 2023. Т. 16. №8. P. 167- 171.
Supplementary files
