EXPERT'S OPINION IN ECONOMIC CRIMINAL OFFENSES
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Abstract
The article, based on a generalization of a number of theoretical
developments and empirical data, states that the changes that the Criminal
Procedure Code of Ukraine is undergoing are due to time and further prospects
for ensuring a quick, complete and impartial investigation. It is emphasized that
such is the novella, which provides for the possibility of using a new type of
evidence in criminal proceedings regarding criminal offenses - expert opinions,
but while they cause more discussion than recognition among practitioners and
theorists, judicial practice has almost adapted to the use of expert opinions in the
process of proving.
Based on the analysis of court decisions, it is established that such evidence
is used in a number of different criminal offenses, but courts assess their
admissibility differently: in some cases they are taken into account when making
decisions, in others - they are recognized as inadmissible evidence. It is
substantiated that the issue of bringing the current doctrine of criminal
procedural law into proper form has been updated so that all unregulated aspects
of obtaining a specialist's opinion, his legal status, confirmation of the availability
of professional qualifications, and the procedure for engaging them have acquired
their regulatory consolidation.
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