TO THE PROBLEM OF REALIZING THE CONSTITUTIONAL ADVERSARIAL PRINCIPLE AND PRINCIPLE OF EQUALITY OF PARTIES WHEN APPOINTING FORENSIC INQUIRY

Abstract

The article deals with the problems of realizing the constitutional adversarial principle and principle of equality of parties when appointing forensic inquiry. The author points out the principles of appointing forensic inquiry in the civil and criminal trial. The author considers some provisions of the draft of the Federal law “On forensic expert activity in the Russian Federation” in some subdivisions having right of appointing forensic inquiry. The author concludes that it is necessary to unify procedural legislation of different branches of law when appointing forensic inquiry and to define the court as the only subdivision having the right to do it.