Forensic Expertise Payment in Civil and Commercial Courts: Constitutional Court Perspectives and Legislative Updates
The research includes an analysis of the Ruling of the Constitutional Court No. 43-P dated 20.07.2023, aimed at protecting the right of experts to receive payment for forensic research commissioned by the court, regardless of a parity’s financial solvency in civil proceedings. The actions of judges...
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| Format: | Article |
| Language: | English |
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Peoples’ Friendship University of Russia (RUDN University)
2025-03-01
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| Series: | RUDN Journal of Law |
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| Online Access: | https://journals.rudn.ru/law/article/viewFile/43594/24621 |
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| author | Oleg A. Yastrebov Svetlana A. Smirnova Maxim V. Mozgov |
| author_facet | Oleg A. Yastrebov Svetlana A. Smirnova Maxim V. Mozgov |
| author_sort | Oleg A. Yastrebov |
| collection | DOAJ |
| description | The research includes an analysis of the Ruling of the Constitutional Court No. 43-P dated 20.07.2023, aimed at protecting the right of experts to receive payment for forensic research commissioned by the court, regardless of a parity’s financial solvency in civil proceedings. The actions of judges in civil cases that prevent violations of expert’s rights, as outlined by the Constitutional Court of the Russian Federation, are explained in layman’s terms and presented clearly. The article also analyzes legislative changes that follow this ruling emphasizing general issues and differences between the approaches of Constitutional Court and the legislator. Notably, it addresses the removal of prohibition against refusing to conduct forensic research due to non-payment. Furthermore, it examines how the right to refuse forensic research could be affected in practice. The practical implications of the Constitutional Court’s ruling for the development of court practices regarding expert appointments are highlighted. Additionally, the article presents core conclusions regarding relevant changes related to forensic expertise and discusses practical issues surrounding payment from the court to experts. |
| format | Article |
| id | doaj-art-5d1b2a97c36d4a6fa2f96b6e4abd52b7 |
| institution | DOAJ |
| issn | 2313-2337 2408-9001 |
| language | English |
| publishDate | 2025-03-01 |
| publisher | Peoples’ Friendship University of Russia (RUDN University) |
| record_format | Article |
| series | RUDN Journal of Law |
| spelling | doaj-art-5d1b2a97c36d4a6fa2f96b6e4abd52b72025-08-20T03:04:27ZengPeoples’ Friendship University of Russia (RUDN University)RUDN Journal of Law2313-23372408-90012025-03-0129120522010.22363/2313-2337-2025-29-1-205-22021275Forensic Expertise Payment in Civil and Commercial Courts: Constitutional Court Perspectives and Legislative UpdatesOleg A. Yastrebov0https://orcid.org/0000-0003-4943-6940Svetlana A. Smirnova1https://orcid.org/0000-0002-0063-5706Maxim V. Mozgov2https://orcid.org/0009-0006-5367-8706RUDN UniversityRUDN UniversityRUDN UniversityThe research includes an analysis of the Ruling of the Constitutional Court No. 43-P dated 20.07.2023, aimed at protecting the right of experts to receive payment for forensic research commissioned by the court, regardless of a parity’s financial solvency in civil proceedings. The actions of judges in civil cases that prevent violations of expert’s rights, as outlined by the Constitutional Court of the Russian Federation, are explained in layman’s terms and presented clearly. The article also analyzes legislative changes that follow this ruling emphasizing general issues and differences between the approaches of Constitutional Court and the legislator. Notably, it addresses the removal of prohibition against refusing to conduct forensic research due to non-payment. Furthermore, it examines how the right to refuse forensic research could be affected in practice. The practical implications of the Constitutional Court’s ruling for the development of court practices regarding expert appointments are highlighted. Additionally, the article presents core conclusions regarding relevant changes related to forensic expertise and discusses practical issues surrounding payment from the court to experts.https://journals.rudn.ru/law/article/viewFile/43594/24621expert activityconstitutional courtappointment of expert examinationpayment for expert examinationcivil procedure |
| spellingShingle | Oleg A. Yastrebov Svetlana A. Smirnova Maxim V. Mozgov Forensic Expertise Payment in Civil and Commercial Courts: Constitutional Court Perspectives and Legislative Updates RUDN Journal of Law expert activity constitutional court appointment of expert examination payment for expert examination civil procedure |
| title | Forensic Expertise Payment in Civil and Commercial Courts: Constitutional Court Perspectives and Legislative Updates |
| title_full | Forensic Expertise Payment in Civil and Commercial Courts: Constitutional Court Perspectives and Legislative Updates |
| title_fullStr | Forensic Expertise Payment in Civil and Commercial Courts: Constitutional Court Perspectives and Legislative Updates |
| title_full_unstemmed | Forensic Expertise Payment in Civil and Commercial Courts: Constitutional Court Perspectives and Legislative Updates |
| title_short | Forensic Expertise Payment in Civil and Commercial Courts: Constitutional Court Perspectives and Legislative Updates |
| title_sort | forensic expertise payment in civil and commercial courts constitutional court perspectives and legislative updates |
| topic | expert activity constitutional court appointment of expert examination payment for expert examination civil procedure |
| url | https://journals.rudn.ru/law/article/viewFile/43594/24621 |
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