CURRENT ISSUES IN THE USE OF PROFESSIONAL ASSISTANCE IN MODERN RUSSIAN CRIMINAL PROCEDURE

Abstract

The article reveals the possibility of using professional assistance in crime
investigation through the prism of history, starting with the Charter of Criminal
Proceedings in 1864, which 150th anniversary is celebrated in 2014, up to
present. Criminal procedure legislation of the Russian Federation does not define
specific knowledge which is the subject to active scientific debate concerning
not only this issue but also the use of professional assistance in criminal
proceedings as well. The possibility of professional assistance at proving depends
on the right understanding of the problem. Other legal acts do not provide
us with the answer. Thus, Federal Act of 4 July 2003 introduces new evidence
that is the evidence of professional judgment expert’s opinion, but it does
not improve the situation. There is the problem of possibility of cooperation
between a specialist and participants in criminal proceedings on the part of
prosecution, defense and other participants. The article analyzes the position of
various scholars on these issues.