Article 80. Expert examination

For clarification of issues arising at consideration of the case, which demand special knowledge in the field of science, engineering, arts or craft, on petition or consent of the persons participating in the case, the court shall appoint an expert examination. In the event that the appointment of an expert examination is prescribed by law or provided for by a contract, or it is necessary to verify a statement on falsification of the presented evidence or if an additional expert examination is necessary, the court may appoint an expert examination on its own initiative.

The list of issues on which the expert examination must be made shall be established by the court. Persons participating in the case are entitled to present to the court the questions which shall be explained in the course of the expert examination. Rejection of the questions presented by the persons participating in the case must be justified by the court.

The persons participating in the case are entitled: to petition for the involvement of the persons indicated by them as experts or for the conduct of the expert examination in a specific expert institution, to challenge an expert; to petition for inclusion in the ruling on the appointment of an expert examination of additional questions posed to an expert; to give explanations to an expert; to get acquainted with expert's opinion or message about the impossibility to give an opinion; to petition for an additional or repeat expert examination.

The court shall issue a ruling on appointment of an expert examination or on rejection of the petition about its appointment.

A ruling on the appointment of an expert examination shall indicate: the grounds for the appointment of an expert examination; surname, name and patronymic of the expert or the name of the expert institution in which the expert examination is to be carried out; questions posed to the expert; materials and documents provided to the expert; the period during which the expert examination must be carried out and the conclusion submitted to the court.

If a party on the case refuses to take part in holding the expert examination, fails to provide necessary documents and objects for examination to the experts, and in other cases, if on the circumstances of the case and without the participation of this party, it is impossible to hold the expert examination, the court is entitled, depending on the fact which of the parties evades from examination and what importance it has for this party, to recognize the fact for explaining of which the examination has been appointed, to be considered either established or rejected.