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CONCLUSIONS OF THE EXPERIENCED PERSONS
L.A. TEREKHOVA,
Doctor of Legal Sciences, Professor,
Head of the Department of Civil and Arbitration Procedure,
Dostoevsky Omsk State University
The category of “knowledgeable (experienced) persons” is not limited to experts only.
Arbitration assessors and specialists are also referred to as knowledgeable persons; some
scholars believe that a witness and even a judge can perform the functions of a knowledgeable
person. The article focuses on the figure of a specialist, his consultations and responses
to court inquiries. There is a lack of unification of the norms on the participation of
a specialist in the Civil Procedure Code and the Arbitration Procedure Code of the Russian
Federation. The effectiveness of seeking advice from a specialist is substantiated – this is
a faster and less costly way of obtaining special knowledge necessary for considering a case.
Consultation and examination are mutually complementary, the consultation may precede
the examination, or, on the contrary, follow after the completion of the examination of the
expert opinion, when questions have arisen to such a conclusion and the problem is solved
with the appointment of additional or repeated examinations. The consultations are varied
and subject to classification. It is substantiated, based on the differences in the nature of the
consultations, that the consultation of a specialist on the use of technical means in the study
of evidence cannot be compared with the consultation of a specialist on a complex scientific
issue. As a classification criterion, the author proposes to consider the need for research
and assessment of consultation, or the lack thereof. In the latter case, there is technical
assistance and it would be legitimate not to classify it as evidence. However, research and
assessment of the information presented is an attribute of working with evidence, therefore,
in such cases, the status of evidence should be recognized for consultation.
Keywords: knowledgeable persons; experienced person; special knowledge; expert opinion;
specialist consultation; a request from a specialized court; types of evidence.
References
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Information about the author
L.A. Terekhova (Omsk, Russia) – Doctor of Legal Sciences, Professor, Head of the
Department of Civil and Arbitration Procedure, Dostoevsky Omsk State University
(100/1 50 Let Profsoiuzov St., Omsk, 644065, Russia; e-mail: [email protected]).
Recommended citation
Terekhova L.A. Zakliucheniia svedushchikh lits [Conclusions of the Experienced Persons].
Vestnik grazhdanskogo protsessa – Herald of Civil Procedure, 2021, vol. 11, no. 5,
pp. 295–306. (In Russ.) https://doi.org/10.24031/2226-0781-2021-11-5-295-306
L.A. TEREKHOVA
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