Problems of Applying Expert Opinions in Civil Proceedings
Annotation
The article analyzes the institution of specialist consultation in Russian civil and arbitration proceedings. The article examines the legal basis for the appointment of a consultation by a specialist, the rules for forming a specialist's opinion and the conditions for its recognition as evidence. A comparative analysis of the provisions of the Civil Procedure Code of the Russian Federation and the Arbitration Procedure Code of the Russian Federation regarding the procedure for attracting specialists and evaluating their conclusions is given. Of particular interest is the problem of assessing the competence of the specialists involved and comparing their status with an expert. Conclusions are drawn about the lack of clarity of the legal norms defining the status and powers of the persons involved, and ways are proposed to eliminate existing conflicts and optimize legal mechanisms. Special attention is paid to the issues of formalizing the conclusions of experts and the court's assessment of the evidence presented by them.
Keywords
- expert consultation
- expert opinion
- judicial process
- civil cases
- arbitration
- judicial practice
- procedural norms
- legal entity
- stakeholders
- role of the court
- effectiveness of dispute resolution
- quality of legal services
- legal guarantees
- protection of legitimate interests
- reasonableness and validity of the actions of the parties
| Type | Article |
| Information | Russian Judge № 04/2026 |
| Pages | 7-11 |
| DOI | 10.18572/1812-3791-2026-4-7-11 |
