Non-state forensic examination: description and features of the conduct

For criminal, civil and administrative cases, forensic examinations are of a diverse nature. Therefore, they can not be placed within the framework of state institutions. Usually they carry out the procedures that are prescribed most often.

Quite often a situation arises when a non-state forensic examination is required . Consider these cases, as well as the functioning of the organization in which it is conducted.

When do they apply to non-state forensic institutions?

The need for these organizations appears when the relevant government agencies are too congested. In addition, non-governmental organizations are contacted in the following cases:

• When relevant examinations are not performed in state institutions;
• Procedures are feasible, but experts are too congested or absent due to illness, leave, other reasons;
• The court, the investigator and the parties involved want to conduct a non-state forensic examination in a particular place, since a highly qualified specialist works there;
• Injured, suspect or accused, other participants question the impartiality of the employees of the public institution.

The law, in turn, does not prohibit the involvement of these organizations.

Qualification

The level of such organizations is certainly different. Often they employ highly qualified specialists with the appropriate education. Staff experts in them a little. But almost everywhere there are employees who can be recruited to assess the most difficult cases.

In the main, non-state forensic expertise is required in cases of civil and arbitration proceedings, and "statists" are loaded with criminal cases. At the same time for such organizations it is typical to work much more quickly than in state organizations. In addition, in addition to expertise, they provide other services, for example, give advice to legal entities and individuals.

By law, this type of activity is carried out without obtaining a license. At the same time, the organizations of the relevant profile employ highly qualified specialists, for whom expertise is the main professional occupation.

Sometimes these institutions are created at higher educational institutions. Then the employees are teachers and professors at forensic departments. Such an organization functions within the framework of the MSLA under the name of the Commonwealth of Experts of the Moscow State Aviation Administration.

The experts

Forensic experts may be staff members or acquire the status of such a court ruling in order to conduct research in a particular case. Then he is credited with the institution in which the examination is appointed. The document indicates data, education, specialties and length of service. In addition, the court is required to verify the competence of the person, as well as to be convinced of his disinterestedness in the matter. Such qualities plus objectivity are mandatory for the implementation of this type of activity.

Experts and expert institutions

In practice, it happens that these two concepts are mixed. It happens, if the decision does not specify the data of the expert, limited only to the details of the institution.

Let us consider an example when a sociohumanitarian examination was appointed and she was instructed to lead an associate professor of the university. The resolution indicated these persons. Also, he was signed up for a warning of responsibility. But the service agreement was concluded not with him, but with a commercial firm, from where he received the money. Naturally, such circumstances can cause doubts in the results of the examination, which happened. Therefore, one should be careful and conclude an agreement either with a specific person or with an organization that has the status of an expert institution.

Another example from practice is the following. To conduct the examination, the investigator applied to LLC. The organization, as it turned out, only positioned itself as an expert. The general director of the company commissioned a study for his employee and explained to him the responsibility. However, the defense received a reasoned doubt on the basis of the fact that the contract was concluded with the organization in the form of LLC. This clearly does not correspond to the status of the expert organization. Thus, the CEO did not have the authority of the head of the expert organization and had no right to personally explain responsibility to his employee. Therefore, such actions are unacceptable.

Expert institutions

There are many offices that advertise themselves as providing expert evaluation services. But let's not forget that the main purpose of their business is commercial. Directors of these organizations are not subject to the rights and duties that are the heads of expert institutions. Usually for the implementation of activities in such offices attract outside specialists with the necessary knowledge on a contractual basis.

Therefore, it is necessary to understand the status of a legal entity. The definition is given in article 5 of paragraph 60 of the CCP RF. According to him, an expert institution recognizes the establishment of forensic expertise, in which it is possible to carry out forensic examination in accordance with this law.

Therefore, one should proceed from the fact that this institution, which by civil law is a non-profit organization. The extraction of profit in it is not the main goal. Judicial-expert activity in its essence can not be aimed mainly at obtaining benefits. Therefore, it should not be a commercial organization either.

Example of expert organizations

Nevertheless, if in the organization with the legal form of the LLC there are experts who are able to carry out the corresponding expertise, of course, one can and should address them. The main thing is to observe all the formalities, so that the results of the research will not be questioned.

So, it is famous in its profile LLC, which provides for judicial and non-governmental construction expertise - "Garant Expert". It employs high-class specialists. And that's why this company is often trusted to conduct the most complex expert research.

Another, no less respected organization is LLC "Center for Judicial and Non-State Expertise" Index ". The company provides services, conducting emergency, construction, electrical and other research. Many licenses have been licensed. The center of judicial and non-state examinations "Index" is recognized by judicial bodies, governmental organizations and other state institutions, as well as by large companies in Russia and abroad.

The commission

According to the PP of the Supreme Arbitration Court of December 20, 2006 under number 66, state and non-state judicial expertise in relevant institutions can be conducted or persons with special knowledge may be brought to it.

The problem described above, when the study is appointed by the LLC, is often repeated and when instructed by an expert institution. To avoid inaccuracies, a specific person should be appointed to carry out the research - an expert. And the head of the corresponding organization is obliged to explain to him the responsibility. Thus, the court needs to check in a particular institution the presence of a staff member who has the necessary knowledge and qualifications.

Certification

The fact that in the process of proving it is allowed to use experts who work for a non-state forensic center allows us to significantly expand the scope of obtaining evidence in court proceedings.

This became especially important when Russia introduced certification in this area. For this purpose, within the framework of the RFCCS at the Ministry of Justice, an institute for voluntary certification was established. At the same time in it:

• Test and recommend to use certain methods in the manufacture of forensic examinations;
• Assess the competence of experts and confirm it.

The procedure is carried out according to the law "On technical regulation". When an expert uses uniform methods in his activity, taking into account the requirements of qualification in both state and non-state institutions, this helps to obtain more accurate, reliable and reproducible results. The certification body is the Russian Federal Center for Judicial and Non-State Expertise (index (Moscow) - 109028) with the Ministry of Justice. Briefly - RFCCA.

This system tests and issues methodological materials, recommendations for expert activities within the country. International standards are also used. Thus, non-state forensic expertise abroad is carried out after passing the accreditation of the relevant institutions in accordance with ISO 17025. In Russia it passes under the number GOST R ISO / IEC 17025-2000.

The latter's requirements were much broader than the international standard. And in 2008 they adopted a new GOST R under number 52960 - 2008. It defined specific requirements for equipment for laboratories and staff qualification. The main place was given to the training of specialists.

Thanks to the institute of certification, it became possible to monitor the quality of the work of experts and recommend the candidates most competent in this or that issue to the judges. The expert is first of all evaluated depending on his qualifications, knowledge and accumulated professional experience.

The non-state center of forensic examinations, as a rule, functions according to the same rules of organization and management as the state one. In its constituent documents it appears that the main activity is precisely the conduct of forensic examinations and assistance in this process. And the orders and corresponding instructions specify the rights, duties and responsibilities of the manager, his employees and all other issues related to professional activities in the forensic bureau.

Non-governmental institution: the rights and duties of the manager

Despite the fact that the law does not contain information on the rights and duties of the head of the expert organization status in question, in fact, he is subject to the same powers as the head of a state institution. So, his duties include:

• Commission a study to one or a group of experts who have sufficient knowledge to answer the questions raised by the court;
• To explain to the appointed expert the responsibility for giving a false conclusion and to take a subscription therefrom;
• Control the production time, as well as the completeness and quality of the work, while not interfering in the process to ensure the principle of expert independence;
• Send a final expert opinion with the relevant materials to the person who appointed the study;
• Ensure the confidentiality of the process and the results of the research.

LLC, the center of judicial non-state expertise, with which an agreement has been concluded to conduct an examination, may require the authorized body to reimburse expenses related to:

• Compensation for storage of objects intended for examination by a transport organization;
• Their transportation to the destination;
• Storage after examination;
• Liquidation from fires, explosions or other consequences arising from the investigation of high-risk facilities.

As for the other rights and obligations, they should be regulated in accordance with the status of the research center of judicial and non-state examinations. So, the expert bears personal responsibility for giving knowingly false conclusion according to the current legislation. But the manager, as a rule, lays the burden of property responsibility for the rendered poor-quality service, since it is he who signs the accompanying documents concerning the procedure.

Subscription about liability

When a state or non-state forensic examination is conducted, the law prescribes to take from the expert a subscription stating that he has been warned about the onset of criminal liability for knowingly incorrect conclusion. This is done on a special form.

If a non-state forensic examination is carried out outside the walls of the relevant institution, the document must be signed before the investigation begins, at the time when the investigator hands the decision on the appointment of the procedure to the person.

Non-state experts usually in the very conclusion, namely in the introductory part of it, indicate that they have been warned of criminal liability.

Subscribing

Some non-state experts, who do not have the status of an individual entrepreneur, independently make seals of seals, which they then put on appropriate documents. Of course, it is not legal to recognize such a paper.

Subscription must be made on a separate form and remain with the investigator. Additionally, in the very conclusion, the text is no longer given. It should contain only information that a specialist has received a warning of criminal liability and all rights to him have been clarified.

At the same time, the subscription can be contained in the conclusion itself, but it is formalized accordingly. It indicates the position, name and data that the examination was entrusted, as well as the rights, duties and responsibilities. Here, the date and signature of the expert should be indicated.

Conclusion

Thus, forensic examination is an act that includes the appointment of forensic examination, research and drawing up a conclusion using special knowledge. The center of judicial and non-state examinations, on the one hand, and the authorized body appointing the procedure on the other, must clearly observe all the subtleties of procedural actions. Otherwise, studies may be deemed inadmissible.

If, for example, a non-governmental forensic medical examination is appointed, it is advisable to specify in the resolution the data of a specific expert. Then the rights of all participants in the trial will be respected.