Law expert — novelty of procedural law or common practice captured in legislation?


One of the recent procedural law novelties relates to the introduction of ‘law expert’ concept. Article 73 of the Code of Civil Procedure, Article 70 of the Code of Commercial Procedure, and Article 69 of the Code of Administrative Procedure have identical wordings specifying that a law expert is a participant in legal proceedings and may be involved in a trial and should have an academic degree and be a recognised law expert.

The scope and nature of rights and obligations of such participant have certain aspects. For instance, he is required to appear at a hearing on a summons, answer any questions asked and provide explanations. If participants to the proceedings agree, he may participate in a hearing session via video conference. Such expert has the right to know the purpose of the summons and to refuse to join the proceedings where he lacks requisite knowledge, and the right to be paid and compensated for expenses he may incur in connection with the summons.

Someone could argue that it is unreasonable given that all participants in proceedings — judges, attorneys and prosecutors — are law experts. Please read the article by Mr Oleksandr Polivodskyy (There is no such thing as monopoly on truth) for Law & Business, a newspaper, to learn about reasons behind the abovementioned novelties.



21.03.2018
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