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Defining the essence of scientific – legal expertise: on the expediency of legal regulation of scientific – legal expertise in Ukraine

Defining the essence of scientific – legal expertise: on the expediency of legal regulation of scientific – legal expertise in Ukraine

Key scientific ideas and proposals.

The knowledge of judicial experts is defined in procedural legislation by the universal term «special knowledge». We believe that such a universal term should define the knowledge of experts in various branches of legal sciences. Considering that in the theory of state and law, legal science as a system of knowledge is a science about the regularities of the process of development of the state and law and the essence of the state and law, it explores their place and role in social life; according to the proposed classification, the system of legal sciences is presented as: general theoretical and historical legal sciences, branch legal sciences, complex legal sciences, applied legal sciences, international legal sciences. An expert is a knowledgeable specialist in the relevant branch of legal sciences, which corresponds to the scientific specialty. Therefore, it is appropriate to talk about such a universal term for defining the knowledge of experts in various branches of legal sciences as: specialized legal knowledge.

Specialized legal knowledge is a set of specialized information possessed by experts (knowledgeable persons) in accordance with the scientific specialty in the system of legal sciences, which are used to objectively solve practical problems that prompted their acquisition.

In view of the above, it is advisable to conclude that scientific and legal expertise is a study of practical problems that require the use of specialized legal knowledge, and the provision of an expert opinion based on the results for the subsequent adoption of an appropriate decision by a competent person, if specialized legal knowledge is required for this. Therefore, resolving the issue of the expediency of legal regulation of this type of expert activity in Ukraine remains relevant.

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