ЛИЦЕНЗИРОВАНИЕ И СЕРТИФИКАЦИЯ ДЕЯТЕЛЬНОСТИ НЕГОСУДАРСТВЕННЫХ СУДЕБНО-ЭКСПЕРТНЫХ УЧРЕЖДЕНИЙ: ТЕОРИЯ, ЗАКОНОДАТЕЛЬСТВО, ПРАВОПРИМЕНИТЕЛЬНАЯ ПРАКТИКА (УГОЛОВНО-ПРОЦЕССУАЛЬНЫЙ АСПЕКТ)

摘要

This article comprehensively and adequately considered some theoretical and practical aspects concerning the types of expert activities, the implementation of which non-state forensic-expert institution should have an appropriate license issued by them in the manner prescribed by law. Reflected the current system of voluntary certification for the test subject non-state forensic activities. The analysis of judicial practice on sample questions provided law enforcement mistakes of actors eligible to appoint a forensic examination in the criminal case, invited some of the trends of the current legislation. As shown in the examples, despite explicit legal requirements on licensing of certain types of expertise-there are still violations of non-state forensic agencies. Regarding the certification of the institutions, we note that the absence in the law on forensic examination requirements for mandatory certification activities of non-state forensic institutions allow these organizations to make a decision about the need of certification of their activities. This approach of the legislator to the activities of non-state forensic institutions in light of the discussion in this section is not correct, in view of what we have proposed recommendations to improve normative-legal regulation in the field of forensics.