Does a judicial expert in Russian law enjoy immunity from civil liability or should he bear property responsibility for the quality of the conclusion prepared by him?

Abstract

Present article is devoted to the search for an answer to the question of whether a judicial expert in Russian law should bear civil (property) responsibility for drawing up an expert opinion that does not meet the requirements of the law, or the nature of the relations connecting him with the court, the procedural position of the expert and the specifics of the function performed by him, taking into account his social and individual competence determines the granting of immunity from bringing a forensic expert to property liability. In conclusion, Despite the above arguments in support of the existence of immunity, as well as the emerging approaches of Russian law enforcement practice, it seems that a forensic expert should be a subject of property liability both to the court, which has the right to refuse to pay remuneration or reduce its amount if it finds that the expert improperly fulfilled his duties to conduct an expert study, and before the parties to the court proceedings, who have the right to file an independent tort claim against him for recovery of damages caused.