Request for examination

In the economic process, forensic examination is one of the main institutions. It plays an extremely important role, as it is one of the main means of proof. This is explained by the fact that during the administration of justice, it is quite often necessary to establish certain circumstances through the use of not only knowledge, but also special research.

The procedure for appointing and conducting examinations, as well as their types, are determined by the Economic Procedural Code of Ukraine, the Law of Ukraine “On Forensic Examination”, the Instruction on the Appointment and Conduct of Forensic Examinations and Expert Research and other regulatory legal acts.

Expert examination is appointed at the initiative of the court or by petition.

What is a petition, who submits it and how?

A pleading is a legal communication tool similar to a formal request letter in the legal world. It is a formal way in which the participants express their wishes, needs or demands to the court or other authorized persons.

Who submits a request for an examination?

A corresponding request can be submitted by the plaintiff, the defendant, the court or a third party.

The petition must contain:

1. Justification of the need for an examination
2. Clearly posed questions (for an expert)
3. Expressed proposal regarding the candidacy of an expert/expert institution
4. A complete list of those materials that were provided for the purpose of the study

Deadlines for submission of a request for the appointment of expertise

Requests for the appointment of expertise can be submitted:

• before the start of the case on the merits
• during the consideration of the case (in this case, the court session may be postponed)

Types of request for examination

There are many different classifications of motions. You can apply for:

• initial examination,
• additional examination,
• re-examination,
• commission examination,
• comprehensive examination.

In addition, you can request to hold:

• technical,
• economic,
• commodity science and other types of expertise.

Also, according to procedural features, there is a request for:

• the appointment of a forensic examination,
• involvement of an expert,
• provision of additional materials for examination, etc.

The most common types of examinations

• Handwriting expert. With its help, the author of the manuscript and signature is identified. They also establish the fact of the executor of a certain manuscript under unusual conditions, or in an unusual state, in which case the handwriting of another person is imitated.
• Self-exploratory. Helps to identify the author of the text. It helps in establishing socio-biological features of the author, such as his level of education, native language, mastery of a certain style of speech, and others.
• Technical examination of documents. Allows you to establish the peculiarities of the production of printing media and their prints; the fact/method of making certain changes to the document (for example, adding a note to it, pasting a photo, etc.); smeared, already faded texts, or those that are difficult to see, on burnt paper. This examination helps to determine the model, brand, type of printing equipment; to identify the person who typed, drew, cut the image, taking into account their specifics regarding skills and much more.
• Trasological. It helps to investigate materially fixed reflections of traces of people, animals, their activities, etc.), trace-forming and trace-receiving objects, conditions and mechanisms of trace formation. The objects of this examination are traces of people, animals, tools and mechanisms.
• Accounting: with its help, a documentary explanation of shortages, excesses of goods and material values, monetary funds, the period and place in which they were formed, the amount of material damage is established; the correctness of the documented operations of receiving, selling and storing goods and material values, as well as the movement of funds. This examination helps to see the reflection in the accounting of all financial transactions and to find out whether their conduct meets the requirements of regulatory acts on accounting and reporting.
• Financial and credit (economic): allows establishing the validity of obtaining loans by subjects of financial and economic activity and their spending; compliance by subjects of financial and economic activity with the legislation, which regulates not only the formation, but also the expenditure of budget funds. This examination establishes the reasonableness of profit distribution between the parties (partners) of financial and economic activity.
• Construction and technical. Its task is to determine the value of buildings/structures of industrial and civil purpose; to establish the facts of conformity or non-conformity of the built structure or the one that was reconstructed; determine the cost of construction works; develop the possibility (options) of dividing houses and other buildings according to the shares of their co-owners, etc.; property; determination of the technical condition of buildings, structures, and engineering equipment (percentage of wear and tear, suitability for operation, need for repair, presence of defects, reasons that caused them, etc.).
• Commodity science. The objects of this examination are construction, furniture, jewelry, cosmetics, haberdashery goods, clothes and shoes, household appliances, photo/radio materials and other goods. Its task is to determine whether goods belong to categories according to classifications; changes in quality, determination of the method of production of goods, etc.
• Automotive industry. Its task is to determine the damage caused to the owner of the vehicle as a result of an accident, or received for other reasons;
• Examination of materials and substances. The task is to detect micro-traces or micro-particles of substances or materials on items that are physical evidence.
• Psychological. The task is to establish those features of mental activity and its manifestations in a person’s behavior that have legal significance.

Legal assistance

Filing a request for an examination can be a turning point in your case. This is not just a formality, but a strategic step that can radically change the course of the trial. However, in order for this tool to work for you, and not against you, you need to know all the subtleties of its use. When to submit? How to correctly formulate a question to an expert? How to choose the most competent specialist? These and many other issues require a deep understanding of legal processes and considerable experience.

That’s why when it comes to requesting an examination, you can’t afford to get it wrong. Our team of highly qualified lawyers has many years of experience in preparing and submitting such motions. We know how to make expertise your ally in the fight for justice.

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