Expert and legal expert as participants of administrative process

نویسندگان

چکیده

In connection with Ukraine’s European integration intentions, there is a need to update the procedural codes. The new Code of Administrative Procedure contains numerous novelties, in particular, range other participants trial has been expanded. This issue relevant given role experts trial.
 defines legal status an expert whose task promote effective justice. For court, its opinion recommendatory nature, because final decision made by judge. A novelty that process have right provide and such equivalent appointed court. 
 our opinion, positive step forward. It should be noted it due expertise special knowledge used public disputes are effectively resolved. who uses scientific technical means establish circumstances thus promotes justice.
 participant administrative expert. Ukraine determines this participant. must person degree recognized specialist field law. However, does not specify which be. either candidate law or doctor addition, structure "recognized law" debatable. gives submit court expert.
 evidence, ancillary nature binding on judge's draw independent conclusion fact. replace decision, may refer as source information contained therein.
 provides limited list issues. judges difficulties application analogy norms foreign Ultimately, leads review reversal judgment. Therefore, we consider highly professional scholars able assistance resolving.
 Some practitioners important for only scientist, but also lawyer-practitioner, who, although he degree, practical experience can appropriate recommendations resolving. We do agree scientist qualified judge dispute Instead, practitioner make resolve dispute.
 advisable expand circle trial. Both contribute rule principles administration

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ژورنال

عنوان ژورنال: Problems of Legality

سال: 2021

ISSN: ['2414-990X', '2224-9281']

DOI: https://doi.org/10.21564/2414-990x.152.226089