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Competition of Judicial Examinations as Integral Component of Competitive Legal Proceedings
Doctor of Legal Sciences, Professor,
Professor of the Department of Civil Law of the Russian State University of Justice
Candidate of Legal Sciences, Senior Lecturer of the Department of Civil Law
and Civil Procedure of the Institute of Jurisprudence and Business
That reality has developed in the Russian law-enforcement practice such situation when thousands of the expert organizations offer the services in carrying out a research on the questions demanding special knowledge in various fields of science, equipment, art, craft and thereby they cover the authorized activity (to a question of civil legal personality), and the state courts accept the conclusions prepared by experts of these organizations which are one of evidentiary facts, along with others. The authors ask themselves about the authorized activity of such organizations – how is it ensured by law? How do these organizations fulfill the imperative requirements of substantive law? What is the rationale for the acceptability and applicability of the results of the activities of expert organizations? The authors consider the provisions of procedural laws and give examples of their implementation, for instance, the provision that the expert’s conclusion for the court is not necessary and it is assessed by them according to the rules established by these laws, along with other evidence in the case. In the article the ratio of the fixed «expert opinions» institute, and also expert activity in civil procedure with the purpose and problems of civil legal proceedings is analyzed.
Keywords: legal proceedings; competitiveness; competition; purpose of examination; expert opinion.
Reshetnikova I.V. Konkurentsiya printsipov v tsivilisticheskom protsesse [Competition of Principles in Civil Procedure] (http://отрасли-права.рф/article/8730). (In Russian)
Information about the authors
Kuzbagarov A.N. (St. Petersburg, Russia) – Doctor of Legal Sciences, Professor, Professor of the Department of Civil Law of the Russian State University of Justice (Russia, St. Petersburg, Alexander Park, 5а; e-mail: email@example.com); Fedchun A.V. (St. Petersburg, Russia) – Candidate of Legal Sciences, Senior Lecturer of the Department of Civil Law and Civil Procedure of the Institute of Jurisprudence and Business (St. Petersburg, Pushkin, Malaya St., 8; e-mail: firstname.lastname@example.org).
Kuzbagarov A.N., Fedchun A.V. Konkurentsiya sudebnykh ekspertiz kak neot’emlemaya sostavlyayushchaya sostyazatel’nogo sudoproizvodstva [Competition of Judicial Examinations as Integral Component of Competitive Legal Proceedings]. Вестник гражданского процесса = Herald of Civil Procedure, 2017, no. 5, p. 69–80. (In Russian) DOI: 10.24031/2226-0781-2017-7-5-69-80
A.N. Kuzbagarov, A.V. Fedchun