The Law of Ukraine
On Judicial Examination
Date of Entry into Force:
April 21, 1994
The Law of Ukraine “On Judicial Examination”, hereinafter the Law, defines the principles of judicial examination activity with the purpose of providing justice in Ukraine with independent, qualified and objective examination aimed at maximum use of achievements of science and technique.
The Law defines the concept 'judicial examination'. According to the Law, it is examination by expert of material objects, phenomena and processes, which contain information about the circumstances of case under consideration of inquest, pre-trial investigation or judicial bodies.
The Law enlists guarantees of independence of judicial expert and correct presenting by him/her of examination conclusion.
Activity on judicial examination shall be performed by the state specialized establishments and department services. To their number refer:
- scientific research and other establishments of judicial examinations of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine;
- expert services of the Ministry of Internal Affairs of Ukraine, the Ministry of Defense of Ukraine, the Secret Service of Ukraine, the State Frontier Service of Ukraine.
According to the Law, judicial examination activity may be performed by the entrepreneurs on the basis of special permit (license), as well as by the citizens on the basis of one-time agreements. The Ministry of Justice of Ukraine keeps the Register of certified judicial experts of state and entrepreneurial establishments and citizens.
Certified judicial experts shall be included into the State Register of certified judicial experts, which shall be kept by the Ministry of Justice of Ukraine. The persons who have respective knowledge making conclusion on the researched issues may be judicial experts. Judicial experts of state specialized establishments may be the specialists who have respective higher education on qualification degree not lower than specialist, passed respective training and obtained qualification of judicial expert in some specialty.
The persons recognized according to set by law procedure as incapable, as well as those who have previous convictions shall not perform duties of judicial expert.
The Law inscribes rights, duties and degree of responsibility of judicial expert during performance of his/her official duties.
Judicial examinations of scientific developments related to organization and holding of judicial examinations, conducted by scientific research establishments, shall be financed from the State Budget of Ukraine. Other examination researches and examinations, conducted by the specialized state establishments, shall be financed at the expense of a customer. The specialized state establishments, as well as the specialists, who are not employees of these establishments, shall perform other works on contractual basis.
The issues related to salary and social protection of judicial experts are defined by the Labor Code of Ukraine and other legislative acts of Ukraine.
Peculiarities of material and social everyday provision, envisaged by the Law of Ukraine “On Public Service” shall apply to the employees of the specialized state establishments of judicial examinations.
The rooms and premises of the establishments, where judicial examinations are conducted, shall be guarded by the Ministry of Internal Affairs of Ukraine.
The specialists of the specialized state establishments, which perform judicial examinations, shall be trained by the higher educational establishments. Specialization and raise of level of skills shall be conducted at courses in special establishments of respective ministries and other central bodies of executive power.
Establishments and services, which perform judicial examinations, shall be entitled to establish international scientific relations with foreign judicial examination establishments, hold joint scientific conferences, symposiums, seminars, etc.