Tactical principles of interaction of the investigator and the expert in forensic examination preparation and execution

The interaction of the investigator and the expert in the use and production of expert examination is in many respects similar to the interaction of the investigator and the body of inquiry during the preliminary investigation, which is carried out on the basis of the principles of the rule of law, optimal use of the capabilities of each of the entities in the process of interaction, and a clear distribution of powers and responsibilities of each of the interacting bodies and individuals. Each of these principles is somehow reflected in the notion of expertise, which the person conducting the examination operates. A look at expertise as knowledge outside legal provisions and well-known generalizations arising from everyday experience, has a "framework nature" and does not reflect the extent of controversy associated with this category, in particular, on the issue of the possible use of legal knowledge by the expert when making conclusions. We should distinguish the ban to answer questions of a legal nature formulated by the investigator and the use by the expert of provisions of legal acts containing technical and legal standards. The correct opinion is that the use by the expert of these rules is aimed at establishing the technical, not legal, part of the phenomenon under investigation. In this regard, it is essential to have requirements for the formulation of questions by the investigator and to use the expert's assistance. In particular, questions should be presented in a simple and categorical form that supposes getting a clear and precise answer; technical terms used in the formulation of questions should reflect their real content; questions should be asked in the optimal order: from the general to the particular; the number of questions addressed to the expert should reflect the totality of circumstances associated with the shared and private investigative versions;questions should be correct, aimed at clarifying the circumstances forming the fact in question. Considering the interaction of the investigator with the officials of the expert division, as well as with individuals who have special knowledge, but do not have the position of experts, it should be said that this interaction is based on the laws and subordinate legislation. It is a coordinated activity of various independent (in terms of organization) participants of criminal proceedings to solve common tasks, as well as specific tasks of each of them, which is carried out in the form fixed by the law of criminal procedure.

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