On October 30, 2020, a remote discussion of the draft Law of Ukraine “On Forensic and Expert Activity” developed in pursuance of the Decree of the President of Ukraine no. 837 of November 8, 2019 “On urgent measures for reforms and strengthening the state” was held. The event was attended by the heads of state specialized institutions of the Ministry of Justice of Ukraine, the Ministry of Health of Ukraine, expert services of the Ministry of Internal Affairs of Ukraine, the Security Service of Ukraine and the State Border Guard Service of Ukraine, their territorial branches, which carry out forensic expert activities, as well as leading forensic experts.
From the Kyiv Scientific Research Institute of the Ministry of Foreign Affairs of Ukraine in the discussion of the draft Law with a report was made by its Director Oleksandr Ruvin, who noted that the main advantages of the peer-reviewed draft law are to ensure improvement of regulation of forensic expert activity at the legislative level, which (as its developers believe) will create conditions for proper and effective organization of expert support of justice, namely:
- establish unified definitions of the terms of the concept apparatus used in forensic expert activity;
- ensure a systematic approach to the organization of activities of all subjects of this sphere;
- will determine the legal status and limits of the powers of subjects of forensic expert activity;
- regulates the issue of material and social security of forensic experts.
However, the law still requires significant improvements aimed at:
- coordination with the methodological recommendations “Rules of registration of draft laws and basic requirements for legislative equipment”, methodological recommendations of 21.11.2000 No 41 “Methodological recommendations on drafting laws and compliance with the requirements of standard-design equipment”, approved by the Resolution of the Board of the Ministry of Justice of Ukraine;
- overcoming a certain instructive (explanatory) nature of individual articles;
- clear definition of individual terms;
- ensuring a systematic approach to the organization of activities of all subjects of forensic expert activity;
- coordination of certain provisions of the Draft Law with the norms of the current procedural legislation of Ukraine, in particular in terms of forensic examinations;
- elimination of provisions that are not stipulated by the practice of forensic expert activity.
Director of KFI Alexander Ruvin supported the proposal to change the name of the discussed law to “Expert Justice Provision”.
The participants of the event expressed unanimous opinion that the discussed law contains novelties, the need for adoption of which is due to the practice of forensic expert activity in Ukraine, taking into account the positive foreign experience of regulatory and legal regulation of such activities.
Adoption of the discussed law will ensure improvement of regulatory and legal regulation of forensic expert activity in Ukraine and create conditions for proper and effective organization of expert support of justice.