Petrenko, A.V. Evolution of the institution of legal expertise.

Abstract: This article is devoted to the topical issue of historical development of the institutions of legal expertise. The article is based upon the studies of the renown legal scholars and classic legal thinkers, such as: Montesquieu, Bentham, Bacon, Ihering, and a number of Russian legal thinkers of the pre-Revolution period, such as M.M. Speransky, N.M. Korkunov, etc. The author studies the evolution of the institution of legal expertise based on evolution of its constituent elements. Then the author gives detailed analysis of problems, which arise in the history of development and studies of this institution. Then the author provides some conclusions according to which the legal expertise walked hand in hand with the law throughout the history of its development, while the nature of legal expertise was formed at the time of the formation of the legal system itself. Legal expertise can be viewed as a legal construction, which includes three key elements: legal technique, interpretation of law, systematization of law. Through studying these elements one may see the evolution of the institution of legal expertise at the current stage of its development.

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