On Regulatory Criteria for Classifying an Organization as a Non-State Expert Institution

The current legislation formalizes three elements of the expert system in Russia: state and non-state expert institutions and experts who do not work in expert institutions. As follows from this triad, the defining concept is "expert institution". The concept "state expert institution" is legally enshrined in Federal Law No. 73-FZ of May 31, 2001, but there is currently no legislative regulation of the criteria for classifying an organization as a "non-state expert institution", which gives rise to a number of law enforcement problems. For instance, for an investigator, determining the status of an organization entails the implementation of the provisions of Article 199 of the Criminal Procedure Code of the Russian Federation under Clause 1.2 or Clause 4. Therefore, in the author's opinion, it is extremely important to pass a law regulating the criteria for classifying an organization as a state or non-state expert institution, or a non-expert institution.

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