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The Usage of Special Knowledge in Civil and Arbitration Processes

Student: Cherkasova Elena

Supervisor: Elena Kudryavtseva

Faculty: Faculty of Law

Educational Programme: Lawyer in the Sphere of Justice and Law Enforcement (Master)

Year of Graduation: 2018

This graduate paper is aimed at analysis of legal regulation and evidentiary value of established by procedural and other legislation forms of usage of special knowledge and analysis of evidentiary value of the forms which are not prescribed by law. The main objectives of the paper are: 1) analysis of the term «special knowledge» and determination of cases when such knowledge should be applied in civil procedure; 2) determination of main forms of special knowledge which are used by courts and parties in court proceedings; 3)comparative analysis of legal regulation of the institute of court expertise and participation of a specialist in the court proceedings in civil and arbitration processes. The following conclusions were made on the basis of this research: firstly, as any other scientific knowledge the legal one can also be considered as special knowledge for the purposes of civil and arbitration processes; secondly, if special knowledge needs to be applied a court depending on necessity of research should either prescribe to conduct a court expertise or to involve a specialist in court proceedings; thirdly, an expert conclusion establishes a fact included in the subject of proof while a specialist`s consultation establishes an evidentiary fact; fourthly, appraiser`s report can be admitted as an evidence of the value of the object only in case of its compliance with requirements оf the Law on appraising activity and federal standards of appraisal; fifthly, the forms of usage of special knowledge which are not prescribed by law can be used by a court as a support tool for critical assessment of an expert conclusion, a specialist`s consultation and an appraiser`s report.

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