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Expert and Specialist in Civil Procedure

Student: Karina Komarova

Supervisor: Nadezhda D. Zheleznova

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2020

Judicial reform in Russia, which is currently nearing completion, is aimed at ensuring real competitiveness and equal rights of the parties. An important direction in improving the quality of justice is to increase the efficiency of the use of special knowledge by the court and other participants in the process of considering and resolving civil cases. Special knowledge is used by participants in civil proceedings in two forms: in the form of a forensic examination (procedural form) and in the form of specialist advice (non-procedural form). In the process of researching the topic “expert and specialist in civil proceedings”, the author draws attention to the following important points: the absence in the Code of Civil Procedure of the Russian Federation of a definition of expertise, a list of its types and cases of appointment, the absence of a rule in the Code of Civil Procedure of the Russian Federation that stipulates requirements for specialist consultation, the absence of normatively unambiguous criteria for individuals acting as an expert. In addition, a question is raised related to the evidentiary value of the results of the participation of an expert and a specialist in a civil proceeding, as a result of which it is proposed to include expert advice in Article 55 of the Code of Civil Procedure of the Russian Federation in order to unify with the arbitration process. The final qualification work was performed by a student of group 16 Yu3 of the direction of preparation 40.03.01 “Jurisprudence” in the amount of 59 pages and consists of an introduction, 2 chapters, a conclusion; bibliographic list - 58 items.

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