俄罗斯法律上的司法专家是否享有民事责任豁免,还是应该对其所作结论的质量承担财产责任?

Pub Date : 2023-10-31 DOI:10.7769/gesec.v14i10.2943
Zatonova Daria Yurievna
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引用次数: 0

摘要

本条款致力于寻找下列问题的答案:俄罗斯法律的司法专家是否应当为提出不符合法律要求的专家意见承担民事(财产)责任,或他与法院之间关系的性质、专家的程序地位和他履行职能的具体情况;考虑到法医专家的社会和个人能力,决定是否给予豁免,使其免于承担财产责任。最后,尽管有上述支持豁免存在的论据,以及俄罗斯执法实践中出现的新做法,但法医专家似乎应该对法院和法院诉讼各方承担财产责任,法院有权在发现专家不恰当地履行其进行专家研究的职责时拒绝支付报酬或减少报酬数额。他们有权向他提出独立的侵权请求,要求赔偿所造成的损害。
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Does a judicial expert in Russian law enjoy immunity from civil liability or should he bear property responsibility for the quality of the conclusion prepared by him?
Present article is devoted to the search for an answer to the question of whether a judicial expert in Russian law should bear civil (property) responsibility for drawing up an expert opinion that does not meet the requirements of the law, or the nature of the relations connecting him with the court, the procedural position of the expert and the specifics of the function performed by him, taking into account his social and individual competence determines the granting of immunity from bringing a forensic expert to property liability. In conclusion, Despite the above arguments in support of the existence of immunity, as well as the emerging approaches of Russian law enforcement practice, it seems that a forensic expert should be a subject of property liability both to the court, which has the right to refuse to pay remuneration or reduce its amount if it finds that the expert improperly fulfilled his duties to conduct an expert study, and before the parties to the court proceedings, who have the right to file an independent tort claim against him for recovery of damages caused.
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