On the issue of the problems of expert opinion in criminal proceedings

the purpose of the study is to find solutions to problems related to the conclusion of a specialist in the Russian criminal process. The analysis of legal doctrine, as well as law enforcement practice, demonstrates the existence of significant problems that do not allow the expert's opinion to be effectively used as evidence in criminal proceedings. Based on the conducted research, the authors conclude that the court is critical of such evidence due to the lack of proper procedural regulation. In fact, the legislator only names, but does not disclose the essence of this evidence. The issues of correlation between the conclusion and the review of a specialist are investigated. A specialist's review is an instrument actively used in law enforcement practice, which does not have any special regulatory regulation in the criminal procedure law. The problem of identifying the review and the conclusion of a specialist is considered. The authors draw attention to the absence of legal consequences for the specialist when making a deliberately false conclusion. The conducted research allows the author to form a proposal to eliminate the identified problems in the form of amendments to the Code of Criminal Procedure of the Russian Federation. The proposed changes will resolve the problems associated with the regulation of the expert's opinion, which will subsequently allow the law enforcement officer to most effectively apply the expert's opinion in practice.

specialist, expert’s conclusion, deliberately false expert's conclusion, expert's review, expert, expert's conclusion, evidence