SOME PROBLEMS OF IMPROVING THE LEGAL BASIS EXPERT ACTIVITY IN THE REPUBLIC OF ARMENIA

Abstract

The legal basis of expert activity is diverse, including procedural legislation and other regulatory legal acts. The results of the author's research confirm that the legal framework has regulatory shortcomings. In particular, the relevant norms of administrative (material) legislation not only fail to regulate the organizational aspects of expert examination in sufficient detail but also exhibit uncertainty, leaving the appointment of an examination at the discretion of the responsible authority. Meanwhile, in order to clarify specific circumstances (alcohol, drug use, the amount of damage caused, etc.), in some cases, the obligation to appoint an examination should be established by law.

 In addition, at present, there is no single regulatory legal act in the Republic of Armenia that would be fundamental for expert activity, regulate general approaches to the appointment, organization, and conduct of examinations, relieve sectoral legislation from tautological concepts, and provide for non-judicial types of examinations.

To solve these problems, the author considers it necessary to: 1) develop a unified regulatory legal act that will regulate key concepts, general issues of appointment, organization and conduct of examinations, relieve sectoral legislation from tautological concepts and include non-judicial types of examinations that support law enforcement activities. 2) improve the relevant norms of administrative (material) legislation by introducing an additional provision that will regulate mandatory cases of appointing an expert examination and the details of its procedure.