Abstract.
This article presents a comparative legal analysis of the two principal models of expert activity in Ukraine—judicial and non-judicial—with particular emphasis on their functional purpose, competence, legal status, and the specific features of their legal regulation. The study examines the place of expert activity within the system of law application and its role in ensuring the objective establishment of factual circumstances, the formation of an adequate evidentiary basis, and the enhancement of the effectiveness of the implementation of legal norms. It is substantiated that expert activity within the legal system of Ukraine has a multi-level normative and institutional nature and is implemented in various forms, including forensic expertise, scientific expertise, scientific technical expertise, and the participation of a legal expert (expert in the field of law). Each of these forms is characterised by its own legal framework, functional purpose, and place within the mechanism of law application. At the same time, they are united by the application of specialised knowledge aimed at establishing factual or legal aspects of a particular situation requiring professional examination. The study establishes that, under contemporary conditions, preventive mechanisms ensuring legality and the stability of civil legal relations are becoming increasingly significant. Their purpose is to prevent or resolve legal problems at the earliest stages of legal relations, including through pre-trial and out-of-court procedures, thereby minimising legal, economic, and reputational risks. Such mechanisms are based on the application of specialised juridical knowledge and/or other specialised knowledge, ensuring the independent and objective establishment of factual circumstances together with the determination of their possible legal consequences. Among these mechanisms, the article identifies independent professional expertise in the form of conformity assessment as a promising instrument for ensuring the proper functioning of civil circulation. Based on the research findings, the legal characteristics and functional purposes of conformity assessment, forensic expertise, scientific expertise, scientific technical expertise, and the participation of a legal expert (expert in the field of law) are distinguished. Attention is devoted to distinguishing between scientific legal expertise and scientific juridical expertise, as well as between scientific legal knowledge and scientific juridical knowledge, according to their functional purpose, substantive content, and the categories of subjects applying such knowledge. On the basis of the comparative analysis, the article substantiates the possibilities for integrating particular expert functions and formulates proposals for improving the current legislation governing expert activity in Ukraine.
