PROBLEM ISSUES OF APPOINTMENT AND CONDUCT OF FORENSIC EXPERTISE IN THE ADMINISTRATIVE PROCESS OF UKRAINE

Abstract

The article examines problematic issues related to the appointment and conduct of forensic examination in the administrative process of Ukraine. It is determined that forensic examination is an important procedural instrument for the use of special knowledge, the result of which is an expert opinion evaluated by the court together with other evidence in
the case. Special attention is paid to the fact that in administrative proceedings forensic examination has particular importance, since it contributes to the objective verification of decisions, actions or omissions of public authorities. It is noted that the need for special knowledge may arise in tax, land, urban planning, social, medical, military and other categories of administrative cases. The article reveals the significance of the expert opinion for establishing the factual circumstances of the case, verifying the reasonableness of administrative decisions and ensuring effective judicial protection of an individual. Particular attention is given to the problems of correctly formulating questions for the expert, determining the limits of expert competence, ensuring the independence of expert research and evaluating the expert opinion by the court. It is emphasized that the expert does not resolve legal issues and does not replace the court, but provides professional answers within the scope of special knowledge. The conclusion is made that the proper use of forensic examination in the administrative process contributes to improving the quality of judicial proceedings, strengthening the principle of the rule of law, protecting human rights and forming a more reasoned judicial practice in public law disputes.

It is determined that expertise in the administrative process is an important tool for establishing factual circumstances, verifying the validity of decisions of subjects of power and ensuring effective judicial protection. Its significance lies not only in obtaining an expert opinion, but also in creating procedural conditions for a fair, complete and objective consideration of an administrative case. Proper use of expertise contributes to improving the quality of justice, strengthening trust in administrative courts and the real establishment of the principle of the rule of law in relations between a person and the state.