The problems of evidentiary significance in the course of commission, production and estimation of the results of forensic examinations

Evidentiary significance of experts' findings in criminal procedural science is predetermined by numerous requirements to the observance of its order and estimation of its results. Article 5, Item 49 of the Criminal Procedural Code of the Russian Federation states that forensic examination is conducted in the order prescribed in the Code. However, this is rather illogical due to the fact, that the concept is described by means of itself. To a larger extent the criminal procedural nature of forensic examination is revealed in the definition of Article 9 of the Federal Law "On the state forensic activities in the Russian Federation" dated 31 May, 2001. Expert examination involves the obtaining of such new data that was unknown to investigators, judges and other parties to a criminal trial and which cannot be obtained in any other way. Therefore, the purpose of special research is not only to confirm the new facts in relation to objective reality (the expert has these facts during his analytical and comparative examinations) but to estimate them in professionally. The Criminal Procedural Code of the Russian Federation and subordinate acts pay great attention to such a characteristic of forensic examinations as special knowledge and, consequently, its necessary to separate its features and limits and solve the problem of the application of "legal knowledge". The analysis of literary sources enables us to see a methodological approach to the establishment of the bulk of special knowledge. This approach is expressed, firstly, in the mentioning of special knowledge itself and, secondly, in the mentioning of the knowledge which has nothing in common with a special one (generally available and known data; methodological knowledge because of its fundamental character for all separate sciences; professional knowledge of an investigator and court). We agree that the provision about the absolute prohibition to use legal knowledge in forensic examinations is not an accurate one and it conflicts with the law and tendencies of legal knowledge development. The difficulties in estimating the scientific aspect of experts' findings are not absolute: the observance of the weighted algorithm in the analysis of scientific substantiality of experts' examinations serves as a guarantee of the accuracy of estimation. Thus, the specificity of forensic examination as a criminal procedural action has been stipulated by the necessity of consideration of numerous problems in relation to its commission, production and estimation of its results. Each of the above provisions should be taken into account when a particular expert's examination is related with the evidence in a criminal case.

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