Forensic Expertise Payment in Civil and Commercial Courts: Constitutional Court Perspectives and Legislative Updates
- Authors: Yastrebov O.A.1, Smirnova S.A.1, Mozgov M.V.1
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Affiliations:
- RUDN University
- Issue: Vol 29, No 1 (2025)
- Pages: 205-220
- Section: PROCEDURAL LAW. PROSECUTOR SUPERVISION
- URL: https://journals.rcsi.science/2313-2337/article/view/327408
- DOI: https://doi.org/10.22363/2313-2337-2025-29-1-205-220
- EDN: https://elibrary.ru/RJPLQS
- ID: 327408
Cite item
Abstract
The research includes an analysis of the Ruling of the Constitutional Court No. 43-P dated 20.07.2023, aimed at protecting the right of experts to receive payment for forensic research commissioned by the court, regardless of a parity’s financial solvency in civil proceedings. The actions of judges in civil cases that prevent violations of expert’s rights, as outlined by the Constitutional Court of the Russian Federation, are explained in layman’s terms and presented clearly. The article also analyzes legislative changes that follow this ruling emphasizing general issues and differences between the approaches of Constitutional Court and the legislator. Notably, it addresses the removal of prohibition against refusing to conduct forensic research due to non-payment. Furthermore, it examines how the right to refuse forensic research could be affected in practice. The practical implications of the Constitutional Court’s ruling for the development of court practices regarding expert appointments are highlighted. Additionally, the article presents core conclusions regarding relevant changes related to forensic expertise and discusses practical issues surrounding payment from the court to experts.
About the authors
Oleg A. Yastrebov
RUDN University
Email: yastrebov_oa@pfur.ru
ORCID iD: 0000-0003-4943-6940
SPIN-code: 7824-4837
Doctor of Legal Sciences, Doctor of Economics, Full Professor, Head of the Department of Administrative and Financial Law, Law Institute, Rector
6 Miklukho-Maklaya str., Moscow, 117198, Russian FederationSvetlana A. Smirnova
RUDN University
Author for correspondence.
Email: smirnova_sva@pfur.ru
ORCID iD: 0000-0002-0063-5706
SPIN-code: 9628-3013
Doctor of Legal Sciences, Full Professor, Honored Scientist of the Russian Federation, Honored Lawyer of the Russian Federation, Head of the Department of Judicial Activity, Law Institute
6 Miklukho-Maklaya str., Moscow, 117198, Russian FederationMaxim V. Mozgov
RUDN University
Email: mozgov_maxim@mail.ru
ORCID iD: 0009-0006-5367-8706
Candidate of Historical Sciences, Managing Director, Division for Judicial Recovery of Troubled Debts of Corporate Clients, Legal Department, Gazprombank
24 Ozerkovskaya nab. Moscow, 115184, Russian FederationReferences
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