Theoretical and praxeological justification of the forms and directions of expert’s initiative implementation during forensic veterinary examination

Abstract

The article presents a theoretical and praxeological justification and details the forms and directions of the expert initiative implementation during the forensic veterinary examination, taking into account the specifics of the subject and objects of the latter.The author’s definition of the concept of “expert’s initiative” has been formulated, the meaning of which is that it is a legal category, as well as the phenomenon of initiating an initiative by the subjects of forensic expert activity, exercising the right to which, during the investigation of specific objects, the forensic expert has the opportunity to beyond the scope of the expert task, which formulated by the subject of the appointment of forensic examination in criminal proceedings or by the subject of its involvement in another type of legal proceedings or by the subject of its order outside of the judicial proceedings and implements this possibility by formulating at its own discretion additional facts and circumstances that are important for establishing the truth and set forth in the opinion of a judicial expert, as well as any initiative of a state specialized institution, which is carried out to implement the policy on expert support of the judiciary.It has been demonstrated that the phenomenon of expert initiative can be implemented not only in criminal proceedings, but also in other types of judicial proceedings and even outside of it. This, in turn, makes it possible to expand the limits of the competence of the subjects of forensic expert activity, and accordingly causes the expansion of parts of the forensic expert’s opinion due to the added research information that is the result of the expert’s initiative.It was established that the content of the expert initiative is a system of areas of forensic expert activity implemented in the form of a petition, action, proposal. This content covers the right of the forensic expert to present in his opinion the information discovered during the forensic examination, which is of importance for the criminal proceedings or the case, in relation to which he was not asked questions, and his other undertakings, provided for by the forensic expert’s right to expert initiative, which are carried out during the implementation of professional functions for the expert provision of justice.It has been established that the probative value of the expert’s conclusion will increase from the judicial expert’s exercise of the right to initiative. The forensic expert uses this right only in case of significant, sometimes decisive importance for the investigation of the offense.It is claimed that the factual data and circumstances established by the forensic expert within the scope of his exercise of the expert’s initiative have the same evidentiary value as the answers to the direct questions of the subject of the appointment of the forensic expert or the involvement of the forensic expert, set out in his conclusion.