Article 79. Expertise

In order to clarify the issues arising during the consideration of the case, requiring special knowledge in the field of science, technology, art or craft, the court shall appoint an expert examination at the request of the person participating in the case, or with the consent of the persons participating in the case. In the event that the appointment of an examination is prescribed by law or provided for by an agreement, or it is necessary to verify an application for falsification of the evidence presented, or an additional examination is required, the court may appoint an examination on its own initiative.

The scope and content of the questions on which the examination should be carried out shall be determined by the court. The persons participating in the case shall have the right to submit questions to the court that must be clarified during the examination. The court shall be obliged to motivate the rejection of the questions presented by the persons participating in the case.

The persons participating in the case shall have the right: to apply for the involvement of the persons indicated by them as experts or to conduct an examination in a specific expert institution, to declare a recusal to the expert; to apply for inclusion in the court determination on the appointment of an expert examination of additional questions posed to the expert; give explanations to an expert; to get acquainted with the expert's opinion or a message about the impossibility to give an opinion; to apply for an additional or repeated examination.

A determination shall be issued on the appointment of an expert examination or on the refusal to satisfy the application for the appointment of an expert examination.

The determination on the appointment of an examination shall indicate: the grounds for the appointment of an examination; surname, name and patronymic of the expert or the name of the expert institution in which the examination is to be carried out; questions posed to the expert; materials and documents made available to the expert; the time limit during which the examination must be carried out and the conclusion submitted to the court.

If a party avoids participating in the examination, fails to provide the experts with the necessary materials and documents for research, and in other cases, if due to the circumstances of the case and without the participation of this party, the examination cannot be carried out, the court, depending on which party evades the examination, and also which it matters, shall have the right to recognize the fact, for the clarification of which the examination was appointed, as established or refuted.