Article 53. Rights and Obligations of an Expert

An expert has the right to: familiarize themselves with the case materials relevant to the subject of the expert examination, record necessary information from them, or make copies; participate in on-site inspections and submit motions for the provision of additional materials and objects of examination necessary for conducting the expert examination; participate in the examination of evidence related to the subject of the expert examination during the court hearing and, with the permission of the court, put questions to the persons participating in the case and to witnesses; inspect physical, written, and digital evidence and documents; state in their opinion conclusions not only on the questions put before them, but also on other matters relevant to the case and related to the subject of the expert examination; make statements to be entered into the minutes of the court session regarding any misinterpretation of their opinion or testimony by the persons participating in the case and witnesses; present an opinion and give testimony in their native language if they do not know or do not sufficiently know the language in which the administrative court proceedings are being conducted, and in such case, use the services of an interpreter; appeal against the judgments of the court or the actions (inaction) of the judge in the manner prescribed by law if such judgments or actions (inaction) violate the rights and freedoms of the expert.

The expert shall be obliged: if there are grounds provided for by Articles 21 and 22 of this Code, immediately recuse himself; conduct a comprehensive and complete study of the objects of research presented to him, give a reasoned and objective written opinion on the questions posed to him; appear when summoned by the court for personal participation in the court session; give testimony about his expertise and answer additional questions to clarify his conclusion; not to disclose information that became known to him in connection with the production of the examination; to ensure the safety of the presented objects of research and case materials; keep order during the trial.

An expert shall be subject to criminal liability for knowingly giving a false opinion and for disclosing information and details of a closed court hearing without the permission of the court.

Where the expert is convinced that the questions posed cannot be resolved on the basis of his special knowledge or the objects of research or materials presented to him are unsuitable or insufficient for giving an opinion and cannot be filled in, or the state of science and forensic practice does not allow answering the questions posed, he shall draw up a motivated act on the impossibility of giving an opinion and send it to the court that appointed the expert examination.