CONCLUSION OF A SPECIALIST IN CRIMINAL PROCEEDINGS: THE LEGAL NATURE AND PROSPECTS OF THE USE IN PROVING

The paper investigates the current theoretical and practical issues of conclusion of a specialist as a form of evidence in criminal proceedings. The author concludes that the expert’s and specialist’s professional competence should be recognized as equal. For drawing up the conclusion a specialist will study the object. As a specialist is not warned of criminal liability for knowingly giving false conclusion, his conclusion may not have the same probative value as the expert’s opinion. Currently, conclusion of a specialist is applied at the stage of excitation of criminal case in the form of «preliminary studies», however, the author proposes to abandon such a construct and replace it with an abbreviated examination. It is appropriate to use the specialist’s conclusion only for the powerless participants in criminal proceedings.