Forensic Expertise Payment in Civil and Commercial Courts: Constitutional Court Perspectives and Legislative Updates

The research includes an analysis of the Ruling of the Constitutional Court No. 43-P dated 20.07.2023, aimed at protecting the right of experts to receive payment for forensic research commissioned by the court, regardless of a parity’s financial solvency in civil proceedings. The actions of judges in civil cases that prevent violations of expert’s rights, as outlined by the Constitutional Court of the Russian Federation, are explained in layman’s terms and presented clearly. The article also analyzes legislative changes that follow this ruling emphasizing general issues and differences between the approaches of Constitutional Court and the legislator. Notably, it addresses the removal of prohibition against refusing to conduct forensic research due to non-payment. Furthermore, it examines how the right to refuse forensic research could be affected in practice. The practical implications of the Constitutional Court’s ruling for the development of court practices regarding expert appointments are highlighted. Additionally, the article presents core conclusions regarding relevant changes related to forensic expertise and discusses practical issues surrounding payment from the court to experts.