Article 79 of the Code of Civil Procedure states that when a civil case arises during the consideration of a civil case, issues requiring special knowledge in various fields of science, technology, art, craft, the court shall schedule an examination. The examination may be entrusted to a forensic expert institution, a specific expert or several experts.
The parties and other persons participating in the case have the right to request the court to entrust the examination to a specific expert or appoint it to a specific forensic expert institution, as well as to concludes the expert.
Objects for forensic studies that already have the status of evidence or can acquire it after an expert study, are submitted by the parties and other persons involved in the case. The court may invite them to submit additional evidence. If the presentation of the necessary evidence for these persons is difficult, the court, at their request, assists in the collection and solicitation of evidence (Article 57 of the CCP).
The court issues a request for evidence to the party or requests evidence directly. The person who is in possession of and is requesting evidence by the court, sends it to the court or hands it over to the person who has the relevant request for submission to the court. For example, in the case of a fire in the country, it became necessary to investigate a distribution panel operated by a garden association. At the request of the court, the shield was issued and submitted for forensic fire and technical expertise.
According to Part 3 of Art. 57 of the Code of Civil Procedure, officials or citizens who are not able to present the requested evidence in general or within the time limit established by the court must notify the court of this within five days from the date of receipt of the request, indicating the reasons. Otherwise, as well as in the case of non-notification of the court about the impossibility of fulfilling its requirements for reasons recognized by the court as disrespectful, a fine is imposed on the guilty officials or on citizens who are not persons participating in the case. Moreover, the imposition of a fine does not exempt the relevant officials and citizens holding the evidence requested from the obligation to submit it to the court. Thus, the law provides for the possibility of obtaining the necessary for the production of forensic examination of objects and materials.
If any of the parties refuses to participate in the examination, and without the participation of this party it is impossible to carry out an examination, or the party does not provide the experts with the necessary materials and documents, the court, depending on which party evades the examination, and which one it has value, has the right to recognize the fact to determine which examination was appointed, established or refuted.
We illustrate this with an example from judicial practice. In one of the considered cases, according to the forensic psychiatric examination conducted on the basis of the court’s decision on the case on the application of the prosecutor to invalidate the apartment purchase transactions, it was not possible to resolve the issue of the degree of mental change in plaintiff P. and his ability on an outpatient basis. while certifying the apartment sale contract, understand the meaning of their actions and direct them. To address these issues should be appointed inpatient forensic psychiatric examination. However, P. refused to conduct it, although the court explained to the plaintiff the consequences provided by law in case of evasion from the examination. Since the outpatient forensic psychiatric examination ordered by the court did not provide an answer to the questions raised, the court did not have the right to base its decision on the assumption that P. could not understand the meaning of his actions and direct them. The decision was made in favor of the defendant in the case.
Examination can be appointed not only at the initiative of the court, but also at the request of persons involved in the case at any stage of the civil process before the decision is made. But, of course, it is preferable to appoint an examination before the court begins consideration of the case, since the appointment of an examination during a court hearing leads to a delay in hearing the case. According to paragraph 8 of Part 1 of Art. 150 GIC In preparing the case for trial, the judge may appoint an examination and an expert to conduct it. Thus, when preparing a case on establishing paternity for a trial and during consideration of a case, the judge (court), in necessary cases, to clarify issues related to the child’s origin, may, taking into account the views of the parties and the circumstances of the case, appoint an examination (Clause 6 of the Resolution of the Plenum of the Supreme Court). Of the Russian Federation of 25.10.1996 №9 "On the application by the courts of the Family Code of the Russian Federation in the consideration of cases on the establishment of paternity and the recovery of alimony"). The court may postpone the proceedings at the time of the examination. In addition, the court may, at the request of the persons participating in the case, or, on its own initiative, suspend the proceedings in the case in which a court appoints an examination (Article 216 of the CCP).
Forensic examination is one of the evidence in the case (article 55 of the CCP), and therefore in each case the court (judge) examines the possibilities of the examination and the expediency of its appointment. However, in some cases, the Code of Civil Procedure directly indicates the expediency of the appointment of a forensic examination. According to Art. 29 GK a citizen who, due to a mental disorder, cannot understand the values of his actions or direct them, may be declared incapable by the court in the manner prescribed by civil procedural legislation, and guardianship is established over him. One of the most common reasons for limiting the capacity of a citizen is the abuse of alcoholic beverages or narcotic drugs, which puts his family in a difficult financial situation (art. 30 of the Civil Code). Guardianship is established over such persons.
In accordance with Art. 283, 286 Code of Civil Procedure in the proceedings for the recognition of a citizen incompetent, partially capable and on the restoration of a citizen in the capacity is usually appointed forensic psychiatric examination. This examination should be appointed if there is sufficient data on mental illness or dementia of a citizen, which are certificates of congenital mental deficiencies, registration with a psychiatrist, finding a person in psychiatric hospitals, acts testifying to deviations from ordinary behavior, certificate of injuries that could violate the psyche of a citizen, the court's decision on exemption from criminal liability and the application of compulsory medical measures to a person - placement in a psychiatrist emergency hospital, etc. In the absence of sufficient data on mental illness or dementia of a citizen, a forensic psychiatric examination should not be appointed. In Art. 283 does not provide for a mandatory examination for persons in respect of whom the case on the recognition of their incapable and partially capable. However, the judge, in preparation for the trial of the recognition of a citizen as incapable, may, taking into account the opinions of the persons participating in the case and if there is sufficient data on mental disorder, appoint the forensic psychiatric examination to determine his mental state in all cases where the need for an expert opinion is circumstances of the case and the evidence presented. With the apparent evasion of a citizen in respect of whom the case was initiated, the court at a court session with the participation of the prosecutor and a psychiatrist can make a decision on the compulsory referral of a citizen to a forensic psychiatric examination.
If the grounds due to which the citizen was limited in legal capacity have disappeared, the court, at the request of the citizen himself, his representative, his family member, the trustee, the guardianship and trusteeship body, a psychiatric or psycho-neurological institution, and on the basis of the relevant forensic psychiatric examination decides the abolition of restrictions on the ability of a citizen. Restoration of a citizen who is recognized as incapacitated is possible at the request of a guardian, family member, psychiatric or psycho-neurological institution, a guardianship and custody agency, and only on the basis of a forensic psychiatric examination (article 286 CCP).
When appointing a forensic examination in a civil case, the court (judge) must clearly define its gender, issues submitted for expert resolution, and make a reasoned decision. Replacing the definition of an examination with another document, for example, a letter, a list of questions, etc., is unacceptable. Each of the parties and other persons participating in the case are entitled to submit to the court questions to be resolved during the examination, but finally the range of issues submitted for expert resolution is determined by the court. The court is obliged to motivate the rejection of the proposed questions. The parties also have the right to familiarize themselves with the court ruling on the appointment of an examination and with the questions formulated in it.
The definition of the appointment of the examination of civil) grandfather consists of three parts: introductory, descriptive and resolutive (art. 80 GIC).
The introductory part states:
In the descriptive part of the definition, the facts are briefly stated, for confirming or refuting the examination, circumstances in connection with which the need for special knowledge arose may also indicate some features of the research object that are of interest to the expert (for example, the storage conditions of the object that could cause its modification). This part ends with a reference to the articles of the Code of Civil Procedure, on the basis of which an expert examination is appointed. In cases where the appointment of an examination is mandatory, reference is also made to art. 283, 286 GIC.
In the operative part of the definition stated:
The court ruling also states that the expert is warned by the court or the head of the forensic expert institution for giving a deliberately false conclusion, if the examination is carried out by a specialist of this institution, about the responsibility of art. 307 of the Criminal Code.
Of great importance is the correct wording of questions submitted to the resolution of the expert. So, according to Art. 86 of the Code of Civil Procedure if the expert during the examination finds the circumstances relevant to the consideration and resolution of the case, about which he has not been asked questions, he has the right to include conclusions about these circumstances in his conclusion. However, in expert practice the principle often prevails: "What is the question - this is the answer." Therefore, questions should be specific, clear and clear, do not allow double interpretation. If questions are interrelated, they should be given in a logical sequence. In the methodological literature on forensic examination there are approximate lists of questions for different kinds and types of forensic examinations. There are they in the relevant sections of this book. However, when using standard questions, one should always take into account the specifics of a particular expert task, not include in the resolution questions that are irrelevant to the matter and are asked "just in case." This increases the timing of the production of forensic examination, and the information content and evidentiary value of the conclusion does not change. It is easier for the court (judge) to answer some questions by hearing the testimony or by receiving explanations from the persons participating in the case, as well as by requesting the necessary documents and materials. Expertly, sometimes the same problem is much more difficult to solve.
According to Art. 188 GIC specialist provides explanations to the parties and the court on matters within its professional competence. These explanations may concern the clarification of the type or type of examination to be appointed, the choice of an expert (forensic expert institution), the content of the expert’s questions and the principal possibility of their solution related to the state of research objects, the completeness and quality of the materials submitted, the level of elaboration of methodological support needed to solve expert tasks, etc.
The court has the right, but is not obliged to appoint an additional or re-examination. In case of contradiction between the conclusions of different experts and the refusal of the judge to appoint a re-examination, the court must justify in the decision why the conclusions of the court are based on the conclusion of one of the experts and the conclusion of the other is rejected. The court may base its decision on other evidence. In case of insufficient clarity or incompleteness of the conclusion, the court may call the expert at the court session and receive the necessary explanations, which should be recorded in the protocol.
Since during the consideration of the case by the court of appeal and cassation instances the court has the right to establish new facts and investigate new evidence (part 3 of article 327, article 358 of the CCP), it is obvious that he can appoint a forensic examination. The consideration of the case by the court of appeal is conducted according to the rules of proceedings in the court of first instance. The examination of evidence by the court of cassation is conducted in the manner established for the court of first instance.
Due to the specifics of civil legal relations, forensic and technical expertise of documents, forensic psychiatric, judicial engineering, judicial merchandise and many other types of examinations are among the most common in civil proceedings. Handwriting studies are usually associated with authenticating signatures in contracts, wills, obligations, and other documents, as well as identifying the handwriting of the person who performed the handwritten document. Privatization of housing, the emergence of the opportunity to transfer it by inheritance, on the basis of a contract of sale, donation or other transaction for the alienation of this property is accompanied by numerous abuses related primarily to forgery of documents. Consider an example.
V., who was the owner of a two-room apartment, where his grandson N. was also registered, died. After his death, living in the next apartment A. presented a notarized will, in which the apartment was bequeathed to her. Relatives of V. appealed to the court and petitioned the judge about the proceedings before the beginning of the process of judicial handwriting examination. An examination was appointed1. As comparative samples, V.'s signatures were used in the statements for receiving a pension and in documents on the privatization of an apartment. An expert study showed that the signatures in both copies of the will were executed on behalf of citizen V. by another person. In accordance with the court’s decision, the prosecutor’s office opened a criminal case, during the investigation of which it turned out that A., while the neighbor was at the dacha and left her the key to the apartment, took his passport and asked a certain P. for a material reward to visit with her notary and name V.
Another kind of expertise, which is often appointed in civil cases, is judicial construction and technical expertise, which allows for a section of household, to determine the technical condition of a residential house, and much more. Here is a typical example of such an examination.
In a high-rise building, heating did not work well, people in the apartments froze, but even after the repair work, the situation in a number of apartments did not change much for the better, since V., who lives in square meters. 45 on the fourth floor, she refused to allow the repair team to her apartment, referring to the recently carried out costly "renovation". After repeated complaints, the indignant tenants of the entrance appealed to the court with V., in which they demanded that the respondent not be obliged to obstruct the plumbers.According to the court’s decision, a judicial construction and technical examination of the state of the heating system of the disputed riser was made. It turned out that during the repair work in the square. 45 in the apartment heating system, major changes were made that disrupted the work of the entire heating system of the house entrance. The court ordered V. to return the heating system to its original state in a short time and charged V. to the forensic laboratory for the costs of conducting a forensic construction and technical examination.
Recently, the great interest of citizens is caused by the establishment of paternity through the production of genetic examination. For such a study, blood samples are taken from the child, the mother and the prospective father, and the study itself, which takes about three weeks, almost always allows to make a categorical conclusion: whether this man is the father of the child or not.
Forensic examination is carried out by experts of forensic institutions on behalf of the heads of these institutions or other experts entrusted to them by the court (Article 84 of the CCP). Note that the examination can be carried out in a court session or out of the session, if it is necessary by the nature of the research or when it is impossible or difficult to deliver materials or documents for study in a meeting. Persons involved in the case are entitled to be present during the examination, unless such presence may interfere with the research, the expert meeting and the conclusion.
Experts receive remuneration for the work performed by them on behalf of the court, they are also reimbursed for the expenses incurred by them in connection with their appearance at the court session (travel and accommodation costs, as well as per diems). It should be noted that experts and specialists receive remuneration for work performed by them on behalf of the court, if this work is not part of their official duties as employees of a state institution. The amount of remuneration to experts, specialists is determined by the court in agreement with the parties and by agreement with experts, specialists (Article 95 of the Code of Civil Procedure). When performing an expert examination in a non-state expert institution, the money is transferred to the account of this institution. The amounts necessary to pay for the performance of the expert examination shall be paid in advance to the bank account of the administration (department) of the Judicial Department in the constituent entities of the Russian Federation by the party that made the relevant request. According to Art. 96 of the Code of Civil Procedure, if the said request is made by both parties, the required amounts shall be paid by the parties in equal parts. If a forensic examination is appointed or a specialist is summoned at the initiative of the court, the relevant expenses are reimbursed from the federal budget. If the appointment of experts or the involvement of specialists is carried out at the initiative of the magistrate, the corresponding expenses are reimbursed at the expense of the budget of the constituent entity of the Russian Federation in whose territory the magistrate operates. The court, as well as the justice of the peace, may release a citizen, taking into account his property status, from paying the costs of conducting a forensic examination or calling a specialist, or reduce their amount. In this case, the costs are reimbursed from the appropriate budget. The party which, in accordance with Art. 96 of the Code of Civil Procedure is exempt from paying court costs, does not contribute these amounts. The remuneration for the performance of the expertise is paid by the court, regardless of the collection of funds from the parties. The distribution of court costs for the production of expertise between the parties is carried out in accordance with Art. 98 of the Code of Civil Procedure, according to which the court costs for the production of an examination and the summoning of an expert to court are reimbursed to the party in whose favor the decision was made. If the claim is partially satisfied, then the amounts are reimbursed to the plaintiff in proportion to the amount of the claims satisfied by the court, and to the defendant in proportion to that part of the claims in which the plaintiff was denied.
According to Art. 37 of the Law on Forensic Expert Activities "state forensic institutions have the right to conduct expert research for citizens and legal entities on a contractual basis, to charge fees for the production of forensic examinations in civil and arbitration cases, cases of administrative offenses." However, the Code of Civil Procedure does not provide for the procedure for paying for forensic examinations carried out by employees of state forensic institutions. According to the logic of Art. 96 of the Code of Civil Procedure, it turns out that forensic examinations in civil cases are carried out at the expense of the federal budget or the budgets of the constituent entities of the Russian Federation. Thus, there is a clear contradiction, which has not yet been resolved at the legislative level.
The procedure for appointing forensic examinations in arbitration proceedings is close to the procedure described above in civil proceedings. However, if in civil proceedings the appointment of a forensic examination is carried out by the court regardless of the will of the parties, in the arbitration process the court appoints an examination at the request or with the consent of the persons participating in the case (Article 82 of the APC), since in the arbitration process the burden of proof lies with the persons participating in case (Art. 66 APC). The arbitration court may appoint an expert examination on its own initiative only in cases where: 1) the appointment of an expert examination is prescribed by law or stipulated by an agreement, or is necessary to verify a statement about the falsification of the submitted evidence; 2) an additional or repeated examination is required.
In accordance with the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated 20.12.2006 No. 66 "On some issues of the practice of application by arbitration courts of the legislation on examination" when applying part I of Art. 82 of the APC, concerning the appointment of an examination with the consent of the persons participating in the case, judges of arbitration courts should keep in mind that such persons include, in addition to the parties, also third parties, the prosecutor, state bodies, local governments, other bodies and organizations, citizens who have applied to arbitration court in cases provided for by the APC (Article 40 of the APC).
If the specified persons have not filed a petition for the appointment of an examination and a forensic examination cannot be appointed at the initiative of the court, in order to appoint an examination in the case under consideration, it is necessary to obtain the consent of all the persons participating in the case, who, in the absence of another agreement between them, are obliged to deposit to the deposit account of the court in equal parts of the sums of money to be paid to experts (part 1 of article 108 of the APC).
A forensic examination may be appointed by a single judge when preparing a case for trial in accordance with paragraph 3 of part 1 of Art. 135 APK. Must have in view , that it is appointed in all cases when the need for an expert opinion is clear from the circumstances of the case and the evidence presented. In this case, the requirements of Art. 55, 82-87 APK.
A petition for an expert examination may be filed in a court of first instance or appellate instance before the presiding judge declares the examination of evidence completed (Part 1, Article 164 of the APC), and when resuming their examination, until an additional examination of evidence is declared completed (Article 165 of the APC) . The application for an examination in the court of appeal is considered by the court, taking into account the provisions of Part 2 of Art. 268 of the APC, according to which additional evidence is accepted by the court if the person participating in the case has substantiated the impossibility of presenting it to the court of first instance for reasons beyond his control, and the court recognizes these reasons as valid.
Each of the entities (experts 3 of the APC) is involved in this case. Formally, they are not limited to the criteria for reasonableness, rationality and cost savings. The specified authority is not an obligation; This is not a list of candidates for specific experts.
In Art. 82 of the APC there is no rule on the admissibility of rejection by the court of experts nominated by participants in a dispute. However, this right derives from other articles of the AIC. A forensic expert can only be a person who has such specialized knowledge as is necessary to give the required conclusion. In the absence of this knowledge from a citizen, the court will not appoint him as an expert either at the indicated request or on his own initiative.
Note that since each of the parties may offer as an expert a person particularly located to her for personal, business or other reasons, then in this case the real competition of knowledgeable persons is impossible and is replaced by the conjuncture considerations of each expert. Thus, the court’s rejection of these petitions prevents probable withdrawals and eliminates the risk of disrupting the normal development of the process.
Examination can be carried out both in the state and in a non-governmental institution, or persons with special knowledge may be involved in the examination. The conclusion of an expert of a non-state expert organization cannot be challenged, as has repeatedly been the case in practice, only because the relevant expertise could be entrusted to a state forensic expert institution (Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 66 of December 20, 2006). The assumption of the use in proving the conclusions of judicial experts - employees of non-state expert institutions contributes to the expansion of the scope of the use of special knowledge and strengthening the principle of competition in the arbitration process.
If the examination is to be held in a state forensic institution, the court in order to ensure that the persons participating in the case realize their right to challenge an expert, as well as the right to file a petition to use the persons indicated by them as an expert, in the definition of the examination, the name also , name, patronymic of the state judicial expert, who will be entrusted with the examination of the head of the state forensic institution. When conducting an examination in a non-state expert organization, the court also clarifies information regarding the professional data of an expert, the definition of the purpose of the examination indicates the name of the non-state expert organization, as well as the last name, first name and patronymic of the expert.
When commissioning the examination directly to a person who is not a state forensic expert, the expert’s last name, first name and patronymic should be indicated in the definition of the examination; information on his education, specialty, work experience and position held, and the fact that the court warned him about criminal liability for giving a deliberately false conclusion (Article 307 of the Criminal Code) should be reflected.
In accordance with the provisions of Part 4 of Art. 82, part 2 of art. 107 of the APC in the definition of the appointment of the examination should be resolved questions about its duration, the amount of remuneration to the expert (expert institution), determined by the court in consultation with the persons involved in the case and in agreement with the expert (expert institution). If the need to resolve these issues arose during the preparation of the case for consideration and this requires additional time, the arbitral tribunal by virtue of Art. 136 of the APC can exercise the right to announce in a preliminary court session a break for up to five days. If the need to establish these data has arisen during the trial, the arbitral tribunal may postpone the trial (Article 158 of the APC) or announce a break in the court hearing (Article 163 of the APC).
For information about the possibility of the examination, its cost and the timing of the trial, the court sends to the specified expert institution (person) a corresponding decision on adjournment of the trial or a break in a court session or an extract from the minutes of the court session.
When appointing the examination, the persons participating in the case are entitled to submit to the arbitration court questions that should be clarified and to propose candidates for experts (part 2 of article 82 of the APC). The formulation of questions is a right, not an obligation of the persons participating in the case. Usually, in practice, the one who petitions for an examination, tries to concretize the expert task. In order to comply with the principles of procedural equality and competition, the court must inform the other persons participating in the case about this petition and explain to them the right to put their questions in writing.
Defining the scope and content of the issues on which it is necessary to conduct an examination, the court proceeds from the fact that legal issues (interpretation of legal norms. - italics of authors.) And legal consequences of evidence assessment fall within the exclusive competence of the court (Resolution of the Supreme Arbitration Court Plenum No. 20.12.2006 66). Note that this is not the use of normative and normative-technical acts in forensic expert activity. In the arbitration process in the production of forensic examinations of many genera and species, the expert, resolving issues within his competence, relies on the rule of law. This is especially characteristic of solving the tasks of economic, construction, technical, land management, environmental (use of financial, business, commercial, banking, tax, customs, land, environmental and other branches of law) examinations.
At the same time, as explained in the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 66 of December 20, 2006, in order to establish the content of the norms of foreign law, the court may apply in the prescribed manner for assistance and explanation to the competent authorities or organizations or to involve experts (part 2 of article 14 AIC, Clause 2, Article 1119 of the Civil Code). When engaging a person with special knowledge in the field of foreign law, as an expert, the court is guided by the relevant provisions of the Law on Forensic Expertise, as well as the rules of the AIC governing appointment and examination.
The final content of the issues that require expert advice is established by the arbitral tribunal. In this case, the court is competent:
The quality of the expert opinion is directly dependent on the competence, integrity, impartiality, objectivity of the judicial expert. Therefore, the question of his choice is so important, especially since when reviewing arbitration disputes, forensic examinations of such genera and species are often appointed, which so far are not carried out in all state forensic institutions or are not made at all.
The court makes a decision on the appointment of a forensic examination (part 4 of article 82 of the APC), which is structurally similar to the court decision in civil proceedings. This definition also consists of three parts: introductory, descriptive and operative. It indicates the basis for the appointment of the examination; the last name, first name and patronymic of the expert or the name of the expert institution where the examination should be carried out; questions posed to the expert; materials and documents made available to the expert; the period during which the examination must be conducted and the conclusion submitted to the arbitration court. According to Part 6 of Art. 55 of the APC in the event of non-compliance with the requirements of the arbitration court for the submission of an expert opinion to the court within the time limit specified in the definition of the appointment of an examination, in the absence of a reasoned report of an expert or a state forensic institution on the impossibility of conducting an expert examination on time or on the impossibility of an examination by the court on the head of the state judicial - an expert institution or an expert guilty of the above violations is subject to a court fine in the manner and amount tanovleny in Chap. 11 AIC.
The definition also refers to the expert’s warning about criminal liability for giving a deliberately false conclusion in accordance with Art. 307 of the Criminal Code.
The commission of arbitration and complex expertise may be appointed by the arbitration court (Art. 84, 85 of the APC).
According to Part 1 of Art. 84APK the commission nature of the examination is determined by the arbitral tribunal. However, a comprehensive examination according to Art. 85 APC is an examination performed by a commission of experts of various specialties, i.e. due diligence is a mandatory commission. Should such an examination also be appointed only by the arbitral tribunal? But the need for the production of a comprehensive examination can be identified only in the course of its production. Then this examination, not being appointed by the arbitration court as a commission, on formal grounds can be recognized as unacceptable evidence regardless of its quality. Other procedural codes do not have this problem. It seems that this regulation of the agroindustrial complex needs to be revised or, at least, clarified. Unfortunately, the decision of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 66 of December 20, 2006 did not reflect the issue related to the specifics of the appointment of complex forensic examinations in the arbitration process.
According to Part 3 of Art. 268 of the APC when considering a case in an arbitration court of appeal, the persons participating in the case are entitled to file petitions for an examination. The court of appeal does not have the right to refuse the satisfaction of these petitions on the grounds that they were not satisfied by the court of first instance.
The expert's opinion on the results of the forensic examination, appointed when considering another court case, is not recognized as an expert opinion on the case in question, but may be recognized by an arbitration court by another document admitted as evidence in accordance with Art. 89 APK.
The objects of examination may be material evidence, documents, objects, samples for comparative research, as well as materials of the case on which the forensic examination is made. If the object of study is not the document itself, but the information contained in it, at the disposal of the expert, by virtue of the provisions of Part 6 of Art. 71 and Part 8 of Art. 75 APC can be provided with properly certified copies of relevant documents.
If the object of research to be provided to an expert for the examination is with other persons, the court decides to provide the expert with free access to such an object (part 1 of article 16 of the APC). In case of failure to provide the object of research by the person with whom this object is located, the court will request this object in the manner provided for by Part 4 of Art. 66 APK.
The definition of the appointment of a forensic examination does not apply to judicial acts that can be appealed in accordance with Part 1 of Art. 188 AIC. therefore
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