ESTABLISHMENT AND DEVELOPMENT OF NATIONAL LEGISLATION REGARDING EXPERT AND SPECIALIST PARTICIPATION IN CRIMINAL PROCEEDINGS

Abstract

In order to fully and properly determine the essence and content of any
phenomenon, it is necessary to study the genesis of its development, which will
allow to determine the circumstances of its occurrence, the stages of evolutionary
development, the conditions for the formation of fundamental provisions,
problem directions, influencing factors, as well as organizational and legal
measures that contributed or negatively influenced the development of this or
that phenomenon. The origin, formation and development of national legislation
regarding the participation of specialists and experts in criminal proceedings are
closely related to: the formation of various special theoretical and applied
knowledge, abilities and skills; terms of using special knowledge during expert
research; grounds for recognition as procedural sources of evidence; the order of
involvement and features of the participation of such specialists in criminal
proceedings. In this article, the author conducted a study of the listed questions
regarding the history of the origin, formation, current state and prospects for
improving the participation of specialists and experts in the criminal process,
which will allow both scientists and lawmakers, as well as law enforcement
officers, to take into account past mistakes and not lose positive assets in the
future. On the basis of a systematic analysis of the provisions of regulatory legal
acts, the author singled out six main stages of the development of national
legislation regarding the participation of specialists and experts in criminal
proceedings.