Forensic examination and forensic practice : main challenges and how to resolve them (based on legal practice materials)

   The expert’s report — a key piece of evidence — is definitive in some cases and determines the outcome of the case. The court, lacking special knowledge in the sphere of the expert’s competence, is forced to rely on conclusions drawn by the expert. It is in no position to check their soundness and accuracy, nor the scientific validity of methods and research techniques used by the expert, in particular since these techniques do not have clear legal status and many of them are meant only for official use. The verification procedure of the expert’s competencies is of a formal nature. The main proof regarding the objectivity and independence of the expert is hinged on the fact that the expert has been warned about the criminal liability of deliberately giving a false conclusion. Law enforcement agencies have formed a system of departmental expertise which serves the interests of the examination.

   The effective law “On state forensic practice in the Russian Federation” was passed over 20 years ago and, as practice shows, did not resolve the specified issue. In 2013 the government of the Russian Federation introduced a draft Federal law into the State Duma “On state forensic practice in the Russian Federation”. It was passed in the same year in its first reading and has continued to be reworked over a period of 9 years.This bill has sparked heated discussions in part about its conceptual provisions. What should be done to ensure that the accuracy and scientific validity of the expert’s conclusions can be verified, to exclude random individuals from being recruited as experts, and to avoid a conflict of interests when appointing an expert?

   These are among some of the questions examined in this work, which is based primarily on legal practice — the very thing that allows corresponding problems to be pinpointed. This work is aimed at a wide circle of readers. It can be used as a teaching aid for teachers and students at law schools.