LEGAL EXPERT IN CIVIL PROCEDURE

The authors have considered and analysed the provisions of the current national legislation regulating the institution of an expert in civil law. The requirements for a person who may be brought to court as an expert in civil law have been examined. In particular, the authors note the inadequacy of the legislative provisions establishing the criteria to be met by a person who may be called upon as an expert in the field of law. The article also discusses the special features of involving an expert in the field of law in judicial proceedings, noting the important role of the court in carrying out such procedural action, since the decision to involve such a party is taken by the court. The authors pay particular attention to the establishment of legally regulated boundaries on the possible application of an expert opinion in the field of law. Special emphasis is also placed on the requirements for the conclusion of an expert in the field of law and his or her admissibility. Attention is also drawn to the importance of the expert's legal opinion for the court's decision. The authors note that the application of the expert's opinion in the legal sphere is not very common in judicial practice, and in particular the courts reject the expert's opinion as evidence on the grounds that it is not binding. The article also notes that a legal expert is a special participant in civil proceedings and therefore has rights and duties distinct from those of experts in other fields of expertise. The study is based on existing national legislation as well as a study of jurisprudence. The work is broadly in line with the objective.