BORROWING FOREIGN EXPERIENCE IN CARRYING OUT TRANSPORT AND COMMODITY EXPERTISE

The article represents the basis of the principles of carrying out a transport and commodity expertise which is usually done by experts endowed with special knowledge in the field of commodity science in order to establish factual data relevant to the case. The peculiarities of the legislation of foreign countries which regulates the process of carrying out a transport and commodity expertise and the specifics of foreign experience in carrying out a transport and commodity expertise are separately analyzed. It is indicated that two forms of forensic expertise are practically used in European countries and in some European countries the certification of forensic experts is used in accordance with the ISO-EN17024 standard «General requirements for bodies that carry out personnel certification». The emphasis is placed on the fact that in European countries the departmental expert institutions conduct their activities in cooperation with police organizations under the jurisdiction of the Ministry of Internal Affairs. On the basis of the analysis of the legislation of the EU countries it was concluded that the principles of ensuring the independence of the expert, orientation not on the departmental affiliation of the expert, but on the availability of special knowledge necessary for solving the tasks of justice, ensuring the principle of competitiveness of experts engaged by different parties are consistently implemented in the world process and other principles that play a decisive role in providing the judicial proceedings with really independent, objective and qualified expertise. It is noted that borrowing some positive experiences from the legislation of foreign countries regarding the administrative and legal regulation of transport and commodity expertise is relevant for Ukraine in modern conditions. The potential possibilities of borrowing foreign experience are clarified and it is emphasized that the harmonization of Ukrainian legal and European terminology is necessary, but it is not necessary to copy the legislation of foreign countries, but the peculiarities of mentality and national specificity must be taken into account.