The Rada proposes to abolish the monopoly of state institutions on forensic examinations: what will change

The Verkhovna Rada has registered draft laws No. 16048 and No. 16049, which provide for the reform of the forensic examination system. Among the key changes are the abolition of the exclusive right of state institutions to conduct a number of examinations and the possibility of involving independent specialists.

Who will be able to conduct forensic examinations

Draft law No. 16048 proposes to change the approach to access to the profession of forensic expert. The authors of the document believe that the current system creates unnecessary barriers and limits the possibility of involving independent specialists, scientists and practitioners in examinations.

It is proposed to abolish the exclusive right of state specialized institutions to conduct forensic, forensic medical and forensic psychiatric examinations.

They will be able to be conducted by specialists who meet the criteria established by law. Among the main requirements are special knowledge, at least five years of professional activity in the relevant field and documentary confirmation of such experience.

The expert will bear personal responsibility for the prepared conclusion.

State institutions may lose exclusive right

If the draft law is adopted, not only state specialized institutions will be able to conduct expert examinations.

Such a right is also proposed to be granted to municipal expert institutions and other legal entities, regardless of the form of ownership. The institutions themselves will be able to provide organizational, logistical and contractual support for expert activities.

Certification and the register of experts are proposed to be abolished

The draft law provides for the abandonment of a number of current mechanisms. In particular, it concerns:

The State Register of Certified Court Experts;
Expert Qualification Commissions;
Certification procedures;
Mechanisms for temporary suspension or termination of the right to conduct expert examinations.

The Ministry of Justice, in turn, should be responsible for publicly available information and methodological support for the work of experts. At the same time, the department will not have the authority to grant or revoke the right to conduct expert examinations.

Previously issued certificates will also not have a permissive nature or prevailing force. At the same time, they can be used as confirmation of specialized knowledge and professional experience.

Experts will be required to report a possible conflict

Before starting the study, the expert will have to report any circumstances that may cast doubt on his competence, independence, or impartiality.

The conclusion will also need to indicate information about specialized knowledge and professional experience. At the request of the court or other entity involved, the expert will have to provide documents confirming his qualifications.

What the second draft law provides

The draft law No. 16049 proposes to amend Article 102 of the Criminal Procedure Code.

Instead of information about the forensic expert’s certificate, the conclusion proposes to indicate the area of ​​specialized knowledge, type and duration of professional activity, as well as details of documents confirming relevant experience. If available, it will be possible to indicate the academic degree, academic title, and position.

The authors of the initiatives expect that the reform will allow expanding the circle of forensic experts, shortening the terms of conducting examinations, reducing the number of accumulated studies, and increasing competition.

At the moment, these are only legislative initiatives – the proposed changes have not yet entered into force.