Yarovenko V.V., Tereshchuk N.A. Notion and types of expert mistakes

Abstract: The authors consider scientific studies and expert practice on the problems of expert mistakes and their solution. The authors pay attention to expert’s competence and expert’s initiative, expert’s report about the questions, which can be solved without special knowledge. The expert has touched upon legal issues and based his conclusions not on the results of the study, but on the materials of the case. The analysis of the current condition allows concluding that expert mistakes should be considered in terms of particular expert situations. The study had been carried out in the period from 2000 till 2015. The authors analyze theoretical and empirical researches of other authors. The research methodology is based on the analysis of statutory acts, the doctrine and the practice of expertise. Significant attention is paid to the method of interpretation. The authors conclude that in cases when the expert falls beyond his competence, touches the issues of legal nature, provides opinion on the questions which can be solved without special knowledge, substantiates his opinion by the materials of the case, without considering particular expert situations, his opinion should not be considered as an expert mistake. 

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