Экспертные исследования пользуются широким demand. Modern life is extremely complicated, and it has become fashionable to take into account the opinions of specialists on a particular issue, in a number of cases, expertise is an obligatory measure. Each such case is prescribed in law.
Examination is a study conductedaccording to standards, procedures, if they are defined with a statement of the result in the conclusion or conclusions. It is carried out by either recognized experts who have been invited, or certified persons who have been trained.
Examination is provided andstate, and non-state institutions. Some studies do not require the involvement of a serious number of people. For example, an anti-corruption expert examination of bills is carried out by a small group of specialists.
The customer can be a state orprivate person. The conclusion can be part of the procedure for obtaining permission for certain actions. In particular, the examination of urban planning or land management documentation.
Social expertise is a satisfactionpublic initiative, the authorities listen to its results, if those who conducted it, are recognized experts and seek to avoid glow in society.
In practice, there are approximately such groups of examinations:
The process of carrying out, evaluation criteria can be determined by the parties or state regulations.
State expertise is conducted in cases specified by law. The most frequent examples are forensic examinations (or rather, some of them).
Conduct can be entrusted to one person, and to several persons.
The choice of a specialist falls to the parties or the court, if it comes to litigation. As a rule, one of the specialized agencies is chosen, if they are not there, then they turn to the EEC ATC.
If we talk about the verification of land management, project documentation, the process is provided by a body or institution that checks the compliance of adopted documents with legislation.
A striking example is the environmental impact assessment carried out in the process of resolving the issue of changing the target use of a piece of land.
The procedure is usually carefully written inregulatory framework. Experts are guided by recommendations, orders, protocols and other documents, which describe how and what to do. They are often used by interested parties: investigators, judges, lawyers - to evaluate the materials received.
For example, SME - state examination,determining the degree of loss of a person’s ability to work. In addition to the general situation, there is a description of the criteria on the basis of which the group of disability is assigned and the level of working capacity is revealed.
Carefully regulated medicalexpertise by the Ministry of Health and its predecessors issued a number of documents relating to the conduct of the entire set of examinations. Separate departments may issue joint orders.
The examination is regulated by a large amount of regulatory material.
The purpose of the examination is to find answers toquestions posed. In one case, the list is chosen by the investigating authorities or the court that resolves the dispute, in the other it does not change. For example, a design review is one and the same set of actions.
Anything can be an object of research:
The choice of the object depends on the purpose set for the expert.
In a trial, an expert may:
At the same time, he may be summoned for questioning in order to provide additional explanations.
Specialists are often limited in their actions.When preparing a conclusion for a court case, they are not allowed to take samples on their own, communicate with any of the participants in the process outside the investigator’s office or the judge.
The presence of parties is permitted during the research, except for:
The rights of an expert depend mainly on the purpose of the examination, forensic experts have a specific status.
The results are stated in the conclusion; the specialist is obliged to sign his name under him, if necessary, the results are approved by his boss.
Examination in court proceedings is one of the evidence; the judge has the right to ignore it if it contradicts the case materials (testimony, documents).
Often the conclusions contain contradictions or are incomplete: there are no answers to all the questions posed or they are not enough to clarify the whole picture.
Filling in the gaps is a reason for additional research. Re-examination is a new study by other specialists, although in the same institution as before.
The results of non-judicial examinations are taken into accountrequired In particular, the results of the FEM, study of project documentation can not be ignored. The law gives the right to challenge them in administrative or judicial order.
Whatever the method of challenging,should involve another specialist who could reasonably substantiate the incorrectness of the conclusions or their inaccuracy. Indications of obvious mistakes, of course, can be taken into account, this is the norm in litigations. In an administrative challenge, the participation of another expert is mandatory.
In general, expertise is a common phenomenon.in criminal and court cases, as well as in checking documentation for obtaining further permits related to the implementation of projects or the rights of citizens.
