Politics or law: what is more in the approaches of public expert monopoly?

Abstract

The main aim of the article is to encourage the reader to reflect on the advantages and disadvantages of a public expert monopoly in conducting forensic expertise. In such article the obvious advantages of conducting forensic expertise by public expert institutions are stated in order to get scientifically substantiated and based on modern data of science and technology practice of conducting forensic expertise. The practice includes developed network of public expert institutions in the regions, a wide range of forensic expertise being conducted, research departments of state expert institutions, system of advancement of forensic experts; system of development of new and improvement of existing expert methods; informational records and collections in the DNDEKTS and NDECTS system at the head offices of the NP in the regions and in the city of Kyiv; state financing and provision of technical tools and materials with expert research etc.

At the same time, the disadvantages of such a model of the organization of judicial expert justice’s support are stated: the lack of competition among court experts; the abuse in the form of giving deliberately false conclusions to cover up someone’s misuse or concealing crimes; the limitation of the parties of the court proceedings in the dispositive right to provide evidences at one’s one discretion; the artificial limitation of possibilities to discover the circumstances of the proceedings (using of all possibilities to establish the truth in the case).

It is concluded that the model of judicial expert support of legal proceedings in Ukraine, that is established by «judicial reform» (Law No. 2147-VIII in the wording that will come into force on March 18, 2018) is a milestone in its historical development, which certainly should be modified depending on its effectiveness and the demand of the society, public, professional and state institutions. So public forensic expert monopoly is not an ideal model of forensic expert support of justice because of corporate and political interests, corruption component, abuse of forensic experts etc. Therefore, it will undergo a review and transformation.