Можно ли доверять эксперту? Или несколько слов о гарантиях качества судебной экспертизы (сравнительно-правовой анализ)

Закон. 2019. № 10. С. 43–54.

Renz I., Брановицкий К. Л., Решетникова И. В.

This article deals with the issues of quality assurance in forensic examination and pre-requisites for confidence in expert findings. It describes the models of forensic examination in a number of developed common law (England) and civil law (Germany, France), jurisdictions, presents institutional and procedural specifics of the use of expert evidence in courts. The best foreign practices show that effective interaction between an expert and the court is based on a set of organisational and procedural measures, which, on the one hand, allow trusting the expert opinion and guaranteeing its quality, and, on the other hand, providing the court with discretion and making it less dependent on such opinion. One of the possible trajectories is to form a genuine corporation of forensic experts, get them nearer to the court, and develop internal and external control tools - both at the entrance to profession and when undertaking an unconditional responsibility with disbarment of those departing from the requirements of scientific truth, objectivity and impartiality, in addition to property liability for the harm caused to the interests of justice and individuals. Enhancing the quality of expert examination will also be facilitated by strengthening the adversarial elements in appointing and conducting an examination, as well as during the evaluation of this evidence in court: this constitutes free and equitable use of alternative opinions, including those obtained by the parties themselves, optional participation by the parties and their representatives in the process of examination with the possibility of submitting additional materials, explanations, etc., mandatory cross-examination of expert witnesses and other specialists involved in proceedings.

Keywords: сравнительное правоведение, comparative law, судебная экспертиза, expert opinion, forensic examination, судебное доказывание, заключение эксперта, judicial evidence