Expert research is in high demand. Modern life is extremely complicated, and on one issue or another it has become fashionable to take into account the opinion of experts, in some cases, examination is a mandatory event. Each such case is prescribed by law.
General concept of expertise
Examination is a study conducted in accordance with established standards, procedures, if they are defined with the statement of the result in the conclusion or conclusions. It is carried out either by recognized specialists who have been invited, or by certified persons who have undergone training.
Examination is provided by both state and non-state institutions. Some studies do not require the involvement of a serious number of people. For example, anti-corruption expertise of bills is carried out by a small group of specialists.
The customer may be a state or private individual. The conclusion may be part of the procedure for obtaining permission for certain actions. In particular, the examination of urban planning or land management documentation.
Social examination is a satisfaction of a public initiative, authorities listen to its results, if those who conducted it are recognized experts and strive to avoid heat in society.
What are the types
In practice, approximately the following examination groups have developed:
- state;
- non-state;
- judicial;
- non-judicial;
- binding is established by law;
- held at the discretion of the parties.
The process, assessment criteria can be determined by the parties or state regulations.
State examination is carried out in cases established by law. The most common examples are forensic examinations (or rather, some of them).
Carrying out can be entrusted both to one person, and to several persons.
By whom
The choice of a specialist lies with the parties or the court, if it comes to a lawsuit. As a rule, one of the specialized institutions is selected, if they are not, then they contact the ECC ATC.
If we talk about verification of land management, design documentation, the process is provided by a body or institution that verifies the compliance of the adopted documents with the legislation.
A vivid example is the environmental impact assessment carried out in the process of resolving the issue of changing the intended purpose of a land plot.
What guides experts
The procedure, as a rule, is carefully prescribed in the regulatory framework. Experts are guided by recommendations, orders, protocols and other documents that describe how and what to do. Stakeholders often use them: investigators, judges, lawyers - to evaluate the materials received.
For example, the SME is a state examination that determines the degree of a person’s disability. In addition to the general provision, there is a description of the criteria on the basis of which a disability group is assigned and the level of disability is identified.
Medical examinations are carefully regulated by the Ministry of Health, and its predecessors issued a number of documents relating to the entire set of examinations. Separate departments may issue joint orders.
Examination is regulated by a large amount of regulatory material.
How is
The purpose of the examination is to find answers to the questions posed. In one case, the list is selected by the investigating authorities or the court deciding the dispute; in the other, it does not change. For example, project expertise is the same set of actions.
Anything can serve as an object of research:
- documents;
- samples of substances;
- the human body;
- mechanisms;
- video, audio materials.
The choice of an object depends on the goal set for the expert.
In a trial, an expert is entitled to:
- ask the parties questions;
- ask the court for additional materials;
- go beyond the questions posed if he believes that he will be able to show a more complete picture.
At the same time, he may be summoned for interrogation in order to give additional explanations.
Specialists are often limited in their actions. When preparing an opinion for a court case, they are forbidden to take samples on their own, to communicate with one of the participants in the process outside the office of the investigator or judge.
Allowed the presence of parties during the research, with the exception of:
- conducting a psychiatric examination;
- the presence of outsiders will interfere with the normal conduct of the examination.
The rights of an expert depend mainly on the purpose of the examination; forensic experts have a specific status.
The meaning of the results
The results are stated in the conclusion, the specialist must put his signature under it, if necessary, the results are approved by his boss.
In trials, examination is one of the evidence, the judge has the right to ignore it if it contradicts the case materials (evidence, documents).
Often, the conclusions contain contradictions or are incomplete: there are no answers to all the questions posed or they are insufficient to understand the whole picture.
Filling in the gaps is an occasion for additional research. Repeated examination is a new study by other specialists, although in the same institution as before.
The results of non-judicial examinations are necessarily taken into account. In particular, the results of the SME, the study of project documentation cannot be ignored. The law gives the right to challenge them in an administrative or judicial manner.
Whatever method of contestation is chosen, another specialist should be involved who could reasonably substantiate the incorrect conclusions or their inaccuracy. Indications of obvious errors, of course, can be taken into account, this is the norm in litigations. In administrative disputes, the participation of another expert is mandatory.
In general, examination is a common occurrence in criminal and judicial cases, as well as when checking documentation to obtain further permissions related to the implementation of projects or rights by citizens.