Current Problems of Collecting Funds for Forensic Examinations in Civil Proceedings
( Pp. 173-177)
More about authors
Vadim A. Epshtein
Municipal institution of forensic expertise; Friendship University of Russia
St. Petersburg, Russia Peoples' Moscow, Russia
Municipal institution of forensic expertise; Friendship University of Russia
St. Petersburg, Russia Peoples' Moscow, Russia
Abstract:
Abstract: The article considers the problems associated with payments for forensic expertise in civil procedure.
Research goals: To develop specific measures that could improve the recovery of funds for a forensic expertise carried out in civil procedure and reduce debt as a result.
Conclusions: It is found out that the issues of timely payments to forensic expert organization all forms of property are paid insufficient attention to. It is established that a forensic expert organization is considered as a legal body that helps to ensure justice, but not as a party to a case. The author concludes that amendments should be made to the procedural legislation as well as to the insolvency (bankruptcy) laws of the Russian Federation and that the Supreme Court of the Russian Federation should make recommendations concerning the way of court ruling related to the payments for forensic examinations.
Research goals: To develop specific measures that could improve the recovery of funds for a forensic expertise carried out in civil procedure and reduce debt as a result.
Conclusions: It is found out that the issues of timely payments to forensic expert organization all forms of property are paid insufficient attention to. It is established that a forensic expert organization is considered as a legal body that helps to ensure justice, but not as a party to a case. The author concludes that amendments should be made to the procedural legislation as well as to the insolvency (bankruptcy) laws of the Russian Federation and that the Supreme Court of the Russian Federation should make recommendations concerning the way of court ruling related to the payments for forensic examinations.
How to Cite:
Epshtein V.A. Current Problems of Collecting Funds for Forensic Examinations in Civil Proceedings // Gaps in Russian Legislation. 2023. Vol. 16. №8. Pp. 173-177. (in Russ.). EDN: QLVHSG
Reference list:
Galimov E.E., Ivanov I.V. Problems of reimbursement of expenses for conducting examinations in civil cases (based on court practice materials). Current problems of the state and society in the field of ensuring the rights and freedoms of man and citizen. Ufa Law Institute of the Ministry of Internal Affairs of Russia. Number: 1 Year: 2021 Pages: 315-320.
Kistanova E. Problems of payment to experts for the preparation of forensic examination in arbitration and civil proceedings // Labor Law. 2017. No. 4. P. 61 - 70.
Surovaya O.A. Organizational and legal aspects of the activities of the head of a forensic organization: abstract of thesis. dis. ...cand. legal Sciences: 12.00.09 / Olesya Aleksandrovna Surovaya. M., 2020. P.33.
Surovaya O.A. Organizatsionno-pravovye aspekty deyatel nosti rukovoditelya sudebno-ekspertnoy organizatsii : avtoref. dis. kand. yurid. nauk : 12.00.09 / Olesya Aleksandrovna Surovaya. M., 2020. S.33.
Kistanova E. Problems of payment to experts for the preparation of forensic examination in arbitration and civil proceedings // Labor Law. 2017. No. 4. P. 61 - 70.
Surovaya O.A. Organizational and legal aspects of the activities of the head of a forensic organization: abstract of thesis. dis. ...cand. legal Sciences: 12.00.09 / Olesya Aleksandrovna Surovaya. M., 2020. P.33.
Surovaya O.A. Organizatsionno-pravovye aspekty deyatel nosti rukovoditelya sudebno-ekspertnoy organizatsii : avtoref. dis. kand. yurid. nauk : 12.00.09 / Olesya Aleksandrovna Surovaya. M., 2020. S.33.
Keywords:
forensic examination, procedure for payment of forensic examination, court decision..
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