Expert opinion: an example. Grounds and sample compilation

Why do I need an expert opinion? The example most often refers to litigation, it is there, of course, is present, but its application is not limited to them only. Various requirements for its conduct and compilation are also diverse.

The concept of an expert opinion

Examination is a study by specialists in the relevant field with the aim of seeking answers to questions requiring special knowledge. Areas of science, art, and technology are affected. Expert conclusion - an example you can see in the article - contains the result of research and conclusions of specialists.

Legislation in this area is quite extensive. Among the laws can be noted:

• Law on judicial, state expert activity.
• Provisions of procedural codes on the issues of examination.
• Other laws and acts.

The latter include the Urban Development Code, the law on appraisal activity, technical regulation , etc., such a difference is due to the fact that each sphere has its own characteristics.

Speaking generally, the expert opinion is what ends expert research or research, if the work was conducted in a group.

Forensic examination

It includes the activities of special institutions, not necessarily state ones, which have passed the certification. Their activities are provided by trained specialists.

According to the law, first of all state organizations provide for the needs of law enforcement agencies in criminal cases.

Examinations on civil cases are conducted by them in case there is no organization in the region that could conduct the research. Almost everywhere there is some center of independent expertise. All of them, regardless of the status, provide paid services.

What is the difference between forensic examination?

• Appointed by the court, or by the investigator, or by the investigator;
• The expert bears, in addition to civil liability, a criminal liability for refusing to conduct an expert examination or a deliberate provision of false results.

An exception is the appointment of an examination by a notary prior to the decision to open a case in a court of law on a suit. It is usually carried out to consolidate evidence (for example, assessing the damage to flooding and establishing its causes), since this will become impossible with time.

Regulation of the research is different in the criminal process, here work on the appointment, setting of questions, evaluation lies primarily on the investigator or the investigator. Of course, if necessary, similar actions are conducted by the judges.

Main regulatory framework

The form of the expert opinion is conditioned by the requirements of the department, for example, the Ministry of Economic Development and Trade has adopted a number of acts related to the appraisal of the appraisal.

The relevant acts are adopted by the Ministry of Justice, the Ministry of Health for organizations that are subordinate to them. Similarly, the Ministry of Internal Affairs operates.

So, before you study the result, you should study the expert opinion, an example from the relevant field and departmental orders.

Judicial practice reflects on what judges are more often paid attention in this or that case.

Content requirements

The conclusion is made out both on the form and on the ordinary sheet.

It specifies:

• Date, venue (city, town);
• The full name of the institution;
• The conducted activities;
• Answers to questions or other conclusions, depending on the requirements of the law;
• Signature, seal.

It is mandatory to specify the position and the full name of the persons responsible for the conclusion.

Responsibility for dishonest execution of duties is established by law and gives the right to compensation automatically. At the same time, the investigator or judge in the resolution refers to articles in the Criminal Code when appointing a forensic examination. Otherwise, then there is no reason to bring it to criminal responsibility. The rules apply equally to the state institution and to the center of independent expertise.

How to appeal the results of the examination

Is the expert opinion canceled? An example of this is not one. If we talk about forensic examinations, then its results, their application will be appealed together with the entire decision. Despite the fact that it was made up of specialists, the court does not have to agree with him.

The parties have the right to point out contradictions with the materials of the case, circumstances, and the judge may appoint a new study or ignore his conclusions.

For other types of expertise, there is a different procedure, for example, on issues of urban development expertise. There is a special document containing:

• Requirements to the complaint;
• Algorithm of actions for its consideration;
• Grounds for adopting a change or completely repealing the conclusions of the primary conclusion.

In other cases, for example in the issue of valuation, the law allows interested parties to ask the court to recognize the results as illegal.

Most often, the decision taken on the basis of research findings is canceled in court if another expert participates.