RESPONSIBILITY FOR VIOLATION OF THE ORIGINAL LEGAL ASSEMBLY AS AN ELEMENT OF ITS LEGAL STATUS

Abstract

The article discusses the theoretical issues of
applying the oath to persons who are involved in
legal proceedings, in particular, the oath of a forensic
expert. The issues of the essence of the oath of a
forensic expert, the legal basis for taking the oath of
a forensic expert are examined. The study highlighted
the shortcomings of the current legislation of
Ukraine regarding the definition of the concept of the
"oath" of a forensic expert, gaps in the sources of law
of this research topic. The legislative prospects for
resolving this issue are analyzed. The values of the
oath for a forensic expert are determined as an element
of his positive responsibility. At the same time,
conclusions were drawn about the need to normalize
negative liability for violation of the oath by a judicial
expert, as an effective safeguard of the subject of
forensic expert activity from evading the conscientious
performance of their official duties. The proposals
on the regulatory legal regulation of this
problem and ways to solve it are given. In our opinion,
the profile law governing forensic activities
should be supplemented with the following content:
1) the application of the obligatory oath of a
forensic expert at the beginning of his professional
activity;
2) determination of the body which would
swear an oath and consider a case for breach of
oath, namely the expert-qualification commission of
each agency, after the decision on the qualification of
a court expert was made; 3) determination of the
body that would consider the case for breach of oath,
namely the expert-qualification commission of each
department;
4) providing a unified form of oath for all
types of expertise, both in public and in private institutions;
5) normative definition of the offense as “violation
of the oath of a court expert”;
6) determination of such type of legal responsibility
as disciplinary, for violation of the oath of a
court expert;
7) establishing the order and terms of disciplinary
action for breach of oath of a court expert;
8) indication of the procedure for appealing against disciplinary action.
The introduction of the definition of “oath of a forensic expert”, the standardization of grounds and the procedure for holding a forensic expert to be liable for breach of oath, in accordance with the relevant law regulating forensic activity, will comply with the norms of the Constitution of Ukraine and will encourage a forensic expert to integrity, improve their qualification adherence to established techniques when conducting forensics, the conclusions of which are the source of evidence.
Keywords: oath, oath of a forensic expert, liability for violation of the oath.