Commissioning of a Forensic Examination in Civil Proceedings in Terms of Adversariality and Equality of the Parties

Abstract

The article is devoted to the implementation of the principles of competitiveness and equality of parties in civil proceedings when appointing forensic examinations. The author notes that the current legal regulation does not properly ensure their observance, considers the problem through specific examples from judicial practice. It is concluded that the courts should carry out a number of preparatory measures before the appointment of forensic examinations, motivate the expediency of appointing a repeated or additional examination, as well as rejecting the arguments of the parties. The best form of expressing the position of the court should be considered a reasoned ruling that can be appealed.