FORENSIC ETHICS AND STANDARDIZATION

Abstract

The article considers current issues related to the liability of forensic experts for erroneous conclusions, in particular problematic aspects of legislative regulation and the practice of applying norms in judicial activity. The nature of errors in expert conclusions, which can arise from both intentional and careless motives, is analyzed, and the legal consequences for experts in cases of non-compliance with professional standards are outlined. Particular attention is paid to the analysis of existing legal mechanisms, their effectiveness and the identification of gaps in current legislation that complicate the holding of experts to account.The types of such liability are considered: criminal, civil, administrative and disciplinary, with an indication of the grounds for their application. The update of the legislation is analyzed, in particular the amendments to the Law of Ukraine “On Forensic Expertise”, which introduced the mechanisms of disciplinary liability and the procedures for its implementation. The author emphasizes the need to ensure a balance between quality control of expertise and guarantees of professional independence of experts.The article illustrates the need for thorough verification of expert material and compliance with procedural requirements when using it in criminal proceedings. Special attention is paid to the issue of the evidentiary weight of an expert opinion in criminal proceedings in accordance with the norms of the Code of Criminal Procedure of Ukraine. The work emphasizes the need to improve the regulatory framework and improve judicial practice in order to ensure a balance between guarantees of professional independence of experts and protection of the rights of participants in the legal process. Directions for reforming relevant legal institutions are proposed, aimed at improving the quality of forensic examinations and minimizing the risks of erroneous conclusions.Proposals were made to improve regulatory regulation and increase the level of professionalization of the expert environment in order to strengthen trust in justice.