Legislative Regulation Of Forensic Expert Activity In Ukraine

Abstract

The Law of Ukraine «On Forensic Expertise» as the first law regulating forensic expert activity in Ukraine was adopted in 1994. Since then, the forensic and expert provision of justice has undergone significant changes: the law has been constantly changing and expanding, and a significant number of separate normative acts have appeared, regulating certain issues of the implementation of forensic and expert activities. The prerequisites for the need to adopt a new law were analysed, which would take into account changes in forensic expert activity during the formation of the Institute of Forensic Expertise of Ukraine and, in turn, became a solid foundation for building a new, improved system of state forensic expert support. The first attempts to adopt a new law in the field of regulation of forensic expert activity were mentioned, in particular the Draft Law «On Forensic Expert Activity in Ukraine» No. 6264 dated 30.03.2017 and the Draft Law «On Forensic Expertise and Self-Government of Forensic Experts» No. 8223 dated 04/03/2018. The key differences of the alternative draft laws registered in the Verkhovna Rada of Ukraine, which will regulate the forensic expert activity, have been analyzed: No. 6284 dated 05.11.2021 (Draft Law «On Forensic Expert Activity»), No. 6284–1 dated 19.11.2021 (Draft Law «On Forensic Expert Activity»), No. 6284–2 dated 22.11.2021 (Draft of the Law «On Forensic Expert Activity and Self-Government of Forensic Experts»), No. 6284–3 dated November 23, 2021 (Draft of the Law «On Amendments to the Law of Ukraine «On Forensic Expertise»). In particular, the key differences in the definition of the concept of forensic expertise, the selection of key characteristics of a forensic expert the peculiarities of his status, and the separation of the principles and subjects of forensic expert activity have been identified. Based on comparative analysis, conclusions were formulated regarding the optimal version of the basic law — Project No. 6284, which, in our opinion, would be able to form the optimal structure of the forensic expert system of Ukraine after its adoption.