PROHIBITION, OBLIGATION OR RIGHT FOR A FORENSIC EXPERT TO INDEPENDENTLY COLLECT OBJECTS FOR RESEARCH

Abstract

Legislatively regulated prohibition for an expert to collect independently objects for research is enshrined in several procedural codes of countries the members of the Eurasian Economic Union. However, in practice, there are situations when an expert discovers objects (micro-objects) at an object submitted for expert research. The question is whether the expert must or should be able to fi x and collect the detected objects, notify the person or body that appointed the examination, or the prohibition continues to apply in this case. The answer to the question lies in the plane of expert’s recognition as the subject of proof or denial of such a possibility. The discussion that has unfolded among scientists has not yet been completed; the legislator has also not made a fi nal decision, prompting researchers to fi nd the best way. The analysis of the main points of view on this issue led to the conclusion that it is necessary to establish the obligation of the expert to notify the person (body) that appointed the examination about the detection of objects, to ensure their fi xation and to collect them in cases where this action is a part of an expert examination.