LAW OF UKRAINE

of February 25, 1994 No. 4038-XII

About judicial examination

This Law determines legal, organizational and financial basis of judicial and expert activities for the purpose of ensuring justice of Ukraine with the independent, qualified and objective examination oriented to the maximum use of achievements of science and technology.

Section I General provisions

Article 1. Concept of judicial examination

Judicial examination is research on the basis of special knowledge in the field of science, the equipment, art, craft and so forth of objects, the phenomena and processes for the purpose of provision of the conclusion on questions which are or will be subject of legal proceedings.

Article 2. Legislation of Ukraine on judicial examination

The legislation of Ukraine on judicial examination consists of this Law, other regulatory legal acts.

If the international treaty which consent to be bound is this the Verkhovna Rada of Ukraine establishes other rules, than stipulated by the legislation Ukraine about judicial examination, rules of the international treaty of Ukraine are applied.

Article 3. Principles of judicial and expert activities

Judicial and expert activities are performed on the principles of legality, independence, objectivity and completeness of research.

Article 4. Guarantees of independence of the court expert and correctness of its conclusion

Independence of the court expert and correctness of its conclusion are provided:

the procedure for appointment of the court expert established by the law;

prohibition under the threat of the responsibility provided by the law to interfere to somebody with production of judicial examination;

existence of organizations of the judicial examinations, independent from what perform investigation and search operations, bodies of pre-judicial investigation and court;

creation of necessary conditions for activities of the court expert, its material and social security;

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