Expert conclusion: an example. Grounds and sample compilation
Why do I need an expert opinion? The example most often refers to litigation, it is there, of course, is present, but its application is not limited to them only. Various requirements for its conduct and compilation are also diverse.
The concept of an expert opinion
Expertise - research by specialists incorresponding area with the purpose of search of the answer to the questions demanding special knowledge. Areas of science, art, and technology are affected. Expert conclusion - an example can be found in the article - contains the result of research and conclusions of specialists.
Legislation in this area is quite extensive. Among the laws can be noted:
- Law on judicial, state expert activity.
- Provisions of procedural codes on the issues of examination.
- Other laws and acts.
The latter include the Town Planning Code, the law on valuation, technical regulation, etc., this difference is due to the fact that each sphere has its own characteristics.
Speaking generally, the expert opinion is what ends expert research or research, if the work was conducted in a group.
Forensic examination
It includes the activities of special institutions, not necessarily state ones, which have undergone certification. Their activities are provided by trained specialists.
According to the law, first of all state organizations provide for the needs of law enforcement agencies in criminal cases.
Expert examinations on civil cases are conducted by them inIf there is no organization in the region that could conduct the study. Almost everywhere there is some center of independent expertise. All of them, regardless of the status, provide paid services.
What is the difference between forensic examination?
- appointed by the court, or investigator, or inquirer;
- the expert bears, in addition to civil liability, a criminal liability for refusing to conduct an expert examination or a deliberate provision of false results.
An exception is the appointment of an examination by a notary tohow the decision to open a case in court on a suit was taken. It is usually done to secure evidence (for example, assessing the damage to flooding and establishing its causes), since this will become impossible with time.
Regulation of the study differsin the criminal process, here work on the appointment, the formulation of questions, evaluation lies primarily on the investigator or investigator. Of course, if necessary, similar actions are carried out by the judges.
Main regulatory framework
The form of the expert opinion is conditioned by the requirements of the department, for example, the Ministry of Economic Development has adopted a number of acts related to the appraisal of the appraisal.
The corresponding acts are adopted by the Ministry of Justice, the Ministry of Health of the organizations that are subordinate to them. Similarly, the Ministry of Internal Affairs operates.
So, before you study the result, you should study the expert opinion, an example from the relevant field and departmental orders.
Judicial practice reflects on what judges are more often paid attention in this or that case.
Content Requirements
Conclusion is made out both on letterhead and on a regular sheet.
It specifies:
- date, venue (city, town);
- the full name of the institution;
- the conducted activities;
- answers to questions or other conclusions, depending on the requirements of the law;
- signatures, and seals.
It is mandatory to indicate the position and the full name of the persons responsible for the conclusion.
Responsibility for dishonestyduties is established by law and gives the right to compensation automatically. At the same time, the investigator or judge in the resolution refers to articles in the Criminal Code when appointing a forensic examination. Otherwise, then there is no reason to bring it to criminal responsibility. The rules apply equally to the state institution and to the center of independent expertise.
How to appeal the results of the examination
Is the expert opinion canceled? An example of this is not one. If to speak about forensic examinations, its results, their application will be appealed together with the entire decision. Despite the fact that it was made up of specialists, the court does not have to agree with him.
The parties have the right to point out contradictions with the materials of the case, circumstances, and the judge may appoint a new study or ignore his conclusions.
For other types of expertise there is a different procedure, for example, on issues of urban development expertise. There is a special document containing:
- requirements to the complaint;
- algorithm of actions for its consideration;
- grounds for adopting a change or completely repealing the conclusions of the primary conclusion.
In other cases, for example in the issue of valuation, the law allows interested parties to ask the court to recognize the results as illegal.
Most often, the decision taken on the basis of research findings is canceled in court if another expert participates.
