Examination is what? Examination procedure
Expert research isdemand. Modern life is extremely complicated, and it has become fashionable to take into account the opinions of specialists on a particular issue, in a number of cases, expertise is an obligatory measure. Each such case is prescribed in law.
General concept of expertise
Examination is a study conductedaccording to standards, procedures, if they are defined with a statement of the result in the conclusion or conclusions. It is carried out by either recognized experts who have been invited, or certified persons who have been trained.
Examination is provided andstate, and non-state institutions. Some studies do not require the involvement of a serious number of people. For example, an anti-corruption expert examination of bills is carried out by a small group of specialists.
The customer can be a state orprivate person. The conclusion can be part of the procedure for obtaining permission for certain actions. In particular, the examination of urban planning or land management documentation.
Social expertise is a satisfactionpublic initiative, the authorities listen to its results, if those who conducted it, are recognized experts and seek to avoid glow in society.
What are the types
In practice, there are approximately such groups of examinations:
- binding is established by law;
- taken at the discretion of the parties.
The process of carrying out, evaluation criteria can be determined by the parties or state regulations.
State expertise is conducted in cases specified by law. The most frequent examples are forensic examinations (or rather, some of them).
Conduct can be entrusted to one person, and to several persons.
Who is conducted
The choice of a specialist falls on the parties or the court, if it is a question of a trial. As a rule, one of the specialized institutions is selected, if they are not available, then they turn to the ECC of the Internal Affairs Directorate.
If we talk about the verification of land management, project documentation, the process is provided by the body or institution that verifies the compliance of the adopted documents with legislation.
A vivid example is the ecological expertise carried out in the process of resolving the issue of changing the purpose of the land.
What are the experts guided by?
The procedure is, as a rule, carefully spelled out inregulatory framework. Experts are guided by recommendations, orders, protocols and other documents, which describe how and what to do. They are often used by interested parties: investigators, judges, lawyers - to evaluate the materials received.
For example, SMEs - state expertise,the degree of loss of a person's ability to work. In addition to the general provision, there is a description of the criteria on the basis of which the disability group is assigned and the level of work capacity is determined.
Carefully regulated medicalexpertise of the Ministry of Health, and its predecessors issued a number of documents relating to the conduct of the entire set of examinations. Separate departments may issue joint orders.
The examination is regulated by a large volume of normative material.
How is the
The purpose of the examination is to find answers toposed questions. In one case, the list is chosen by the investigating authorities or by the court that decides the dispute, in another case it does not change. For example, project expertise is one and the same set of actions.
As an object of research, anything can act:
- samples of substances;
- the human body;
- video, audio materials.
The choice of the object depends on the goal set for the expert.
In the trial, the expert has the right:
- ask the parties questions;
- request the court for additional materials;
- to go beyond the set questions if he believes that he will be able to show a more complete picture.
At the same time, he may be summoned for interrogation to give additional explanations.
Specialists are often limited in their actions. When preparing an opinion for a court case, they are prohibited from independently selecting samples, communicating with someone from the process participants outside the investigator's office or the judge.
The presence of parties is allowed during the research, except for:
- conducting a psychiatric examination;
- the presence of outsiders will interfere with the normal conduct of the examination.
The expert's rights depend mainly on the purpose of the examination, court experts have a specific status.
Results are stated in the conclusion, the expert is obliged to put under it the signature, if necessary results are approved by its chief.
In trials, examination is one of the evidence, the judge has the right to ignore it if it contradicts the case materials (evidence, documents).
Often the conclusions contain contradictions or are incomplete: there are no answers to all the questions posed or they are insufficient to clarify the whole picture.
Filling in the blanks is an excuse for further research. Re-examination is a new study by other specialists, although in the same institution as before.
The results of non-forensic examinations are taken into accountcertainly. In particular, the results of SMEs, the study of project documentation can not be ignored. The law gives the right to challenge them in administrative or judicial order.
Whichever way of challenging is chosen,should involve another specialist who could reasonably justify the inaccuracy of conclusions or their inaccuracy. Indications of obvious errors, of course, can be taken into account, this is the norm in lawsuits. In case of administrative challenge, the participation of another expert is mandatory.
In general, expertise is a common phenomenonin criminal and judicial matters, as well as in verifying the documentation for obtaining further permits related to the implementation of projects or rights by citizens.