Expert opinion: an example. The grounds and sample preparation

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2018-03-22 19:29:16

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Why you need an expert opinion? The example most often concerns the trials, he is there, of course, is present, but its application is not restricted to them. A variety of and requirements for conducting and compiling.

The Concept of expert opinion

Examination – research specialists in the relevant field with the aim of finding answer to the questions demanding special knowledge. Explores the science, art, and technology. Expert opinion - an example can be found in the article contains the results of the research and conclusions of experts.

expert opinion example

Legislation in this area is voluminous. Among the laws include:

  • Law on the judiciary, state of expertise.
  • The Provisions of the procedural codes, is devoted to conducting examinations.
  • Other laws and regulations.

The latter will include the town planning code, the law on estimated activity, on technical regulation, etc., this difference is due to the fact that each sphere has its own characteristics.

Generally speaking, expert opinion – that's the end of an expert study or research if the work was carried out in the group.

Forensics

It is activity of special institutions, not necessarily the state that have been certified. Their activities are provided by trained professionals.

According to the legislation, primarily to government organizations provided the needs of law enforcement agencies in criminal matters.

Examination of civil cases conducted by them in the case that the region is no organization that could conduct the study. Almost everywhere there are some center for independent examination. All of them, regardless of their status, provide paid services.

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Different forensic examination?

  • Appointed by the court or an investigator or inquirer;
  • Expert in addition to bear civil liability and even criminal for refusing to carry out the examination or the conscious provision of false results.

center for independent expertise

The Exception – an examination by a notary public before the decision to open the case at the lawsuit. Usually conducted to secure evidence (e.g., damage assessment of flooding and identification of causes), because over time it will become impossible.

Regulation research differs in the criminal process, the process of appointment, statement of issues, the assessment rests primarily on the inquiry officer or investigator. Of course, if necessary, similar actions are conducted by judges.

Basic regulatory framework

The Form of expert opinion is subject to the requirements of the Ministry, e.g. the Ministry of economic development has adopted a number of acts relating to the examination for evaluation.

The acts accepted by the Ministry of justice, Ministry of health in the organizations subordinated to them. Acts in the same way the interior Ministry.

So, before studying the result, you should learn an expert opinion, an example of the appropriate area and departmental orders.

Judicial practice reflects that judges are more likely to pay attention in a particular case.

Requirements for the content

The Conclusion is issued on the letterhead or on an ordinary sheet.

It displays:

  • Date, location (city, locality);
  • Full name of the institution;
  • Of the event;
  • Answers to questions or other insights, depending on the requirements of the law;
  • Signature print.

It is required to specify the position and name of the persons responsible for the conclusion.

Responsibility for unfair performance of the duties established by law and entitles you to a refund automatically. At the same time, the investigator or the judge in the decision cited article in the criminal code in the appointment of forensic examination. Otherwise, then there is no reason to bring it to justice. The same rules apply to the public institution, and the center of independent expertise.

the form of expert opinion

How to appeal against the examination results

Is Canceled if an expert opinion? An example of this not one. If we talk about legal expertise, its results, their application being appealed together with all the solution. Despite the fact that it was the experts, the court is not obliged to agree with him.

The Parties are entitled to point out the contradictions with the case, circumstances, and the judge may order a new trial or to ignore its conclusions.

For other types of examination is another procedure, for example on issues of urban planning expertise. There is a special document containing:

  • Requirements to the complaint;
  • Algorithm of action for its consideration;
  • Reasons for adoption of changes or complete cancellation of the findings the primary conclusion.

In other cases, for example in the matter of assessment, the law allows interested parties to request the court to declare the results illegal.

expert research

Most Often canceled in court the decision taken on the basis of research findings, in the case of another expert.


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Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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