In Regards to Improvement of Payment Procedure for Forensic Expertise in Civil and Arbitration Procedures
( Pp. 123-129)

Abstract: The purpose of the research. The article deals with the actual problem of payment for expertise in civil and arbitration proceedings. Legal norms in terms of payment for expertise, their transformation, and influence on the legal position of a forensic expert are analysed. The purpose of the study is to identify the existing gaps of legal regulation affecting the mechanism of payment for expertise, as well as the author's proposals for their settlement by making appropriate changes in the legislation. This is necessary to improve the mechanism of payment for expertise in civil and arbitration proceedings. Results. As a result of the conducted research, the author concludes that recent changes in the civil procedural legislation, in terms of assigning a forensic examination only after depositing money to the court deposit, if there are no grounds to assign it at the expense of the budget, have significantly improved the position of the expert, but still a number of issues remain unresolved. Expert organizations often face the problem of receiving money from the court deposit without a reason and sufficient grounds for such delay. The author concludes that the problem of payment for expert examinations in civil and arbitration proceedings should be approached in a differentiated manner, supplementing the legislation with special mechanisms dedicated to the payment of remuneration to the expert.

Smirnova S.A., Mozgov M.V. In Regards to Improvement of Payment Procedure for Forensic Expertise in Civil and Arbitration Procedures // Gaps in Russian Legislation. 2024. Vol. 17. №6. Pp. 123-129. (in Russ.). DOI: 10.33693/2072-3164-2024-17-6-123-129. EDN: ERBEUC

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legal system, forensic, commissioning of expert study, payment for the expert report, civil proceedings, arbitration proceedings..