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Ordered expertise, but it did not help (the reason №1)

24.05.2018 | 13:27
Standard questions for expertise harm the court. This is one and the same thing that treat all diseases with some medications.
Questions not agreed with the expert are usually false, that is, beyond the limits of specialist knowledge of the expert, are legal in nature or prohibited for other reasons. As a result, in about 80% of cases are provided conclusions about the impossibility of expertise.

Choosing question for expertise use the examples listed in the «Instruction on the appointment and conduct of court expertises and expert research" (approved by the Ministry of Justice of Ukraine №53/5 of 08.10.1998), (further – «Instruction №53/5»).
However, the template example of questions for expertise in «Instruction №53/5» can not, as a rule, be in line with the purpose of applying to a court.

Thus, the experts of the Expert Service of Ukraine analyzed the issues that were put on the decision of expert during 2016-2018, and their consistency with the objectives of the claim to court.
The table below shows the most common questions that an expert on credit transactions solves.

The table shows the consistency of these questions with the purpose of the claim to the court and briefly describes the subject of of research.

The table contains only the most common questions. It is important that the individual selection of questions for expertise is carried out solely in consultation with a court expert.

Even the «Instruction №53/5» provides for the advisability of consulting with court experts.



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