The requirement of "veriﬁability" of the expert’s conclusion as an element of the mechanism for exercising the right to petition in criminal proceedings
Mission. Identify the necessary requirements for the conclusion of an expert, allowing it to be veriﬁed by interested parties to the criminal process in order to fully exercise their right to verify the evidence and ﬁle a petition in case of doubt in the admissibility of the expert’s conclusion. Methodology: dialectics, analysis, deduction, formal legal method, comparative legal method. Conclusions. The impossibility of full-ﬂedged application of special knowledge in the criminal case by persons involved in criminal proceedings should be compensated by their ability to fully verify the substantive part of the expert’s conclusion. The importance of the expert’s conclusion is often overestimated in practice, despite the fact that he has negative features as a “derivative” and “personal” evidence, which can aﬀect the correctness of the SHAPE \* MERGEFORMAT expert’s conclusions. The legislator determines the general requirements for the substantive part of the conclusion, but their vagueness leads to the impossibility of a full-ﬂedged veriﬁcation of the correctness of the research conducted and conclusions drawn, which in turn leads to the impossibility of achieving a legal result when applying for an expert’s opinion to be inadmissible evidence due to the inadequacy of the expert’s conclusions. The consolidation of speciﬁc requirements for the conclusion of an expert, in particular the inclusion of references to normatively established methods in his content, to scientiﬁc literature will allow to check the correctness of the conducted research and conclusions and avoid arbitrary discretion in resolving the applications submitted. Scientiﬁc and practical signiﬁcance. The signiﬁcance of the scientiﬁc article is to identify the necessary elements of the expert’s conclusion, which make it possible to conclude that the investigation conducted and the conclusions are correct and that they are thereby able to fully exercise the right of persons involved in criminal proceedings to petition for recognition of the proof to be unacceptable.