Theory and practice of intellectual property
№ 2 / 2018

ISSN (Print) 2308-0361
ISSN (Online) 2519-2744

PDF (Ukrainian)

DOI: https://doi.org/10.33731/22018.146321

Published      2018-05-04

Statement of expert in civil proceedings

Anna Shtefan
Ukraine

Abstract
The expert’s statement is the result of the application of special knowledge. This knowledge is not conclusions that any person can make; it’s obtained in the process of theoretical training and practical activities in a certain area of science, technology, art, crafts. In the statement of expert special knowledge is used in the form of research which must satisfy two requirements: objectivity and reasonableness. The expert’s statement is directed not to the establishment of known and undisputed facts but to the search for certain new knowledge that is necessary to establish the circumstances of the case and cannot be obtained by the court in any other way. The expert’s statement has a special form which is uniform for all types of forensic examinations and should be prepare in the manner prescribed by law. The person who draws up the expert’s statement has a special status which is defined in the CPC and the law on judicial expertise. Unlike other people who also have special knowledge (a specialist and an expert field of law) only experts direct their activities directly to establish the circumstances of the case. The expert’s statement may be prepared on request of the participant in the case or on the basis of a court order regarding the appointment of an expert examination. The article deals with conclusions of a theoretical nature and proposes improvement of norms of civil procedural legislation.

Keywords: expert’s statement, consultations of specialist, expert statement in the field of law