Use of tactical combinations in civil and arbitration court proceedings

Nazarov Sergey Anatolyevich

The article deals with the problem of appointment of repeated examinations in civil and arbitration curt proceedings, when one of the parties in the process calls into question the legality and validity of the conclusions of the forensic expert, given by them in the conclusion. The currently used method of “reviewing” the expert’s opinion by a specialist in order to appoint a re-examination in court is unreliable, as it is actually reduced to assessing the evidence of the expert’s opinion, which is the exclusive prerogative of the court. In addition, peer review, as a judicial action, is not provided for by any law. The article proposes a tactical combination, consisting of a number of procedural actions, stipulated by the CPC RF and APC RF, which objectively question the validity of the conclusion of the court expert, including in cases of fires, and allow applying for the appointment of re-examination in the court of first instance or appellate court.

Keywords:court, arbitration, specialist, expert, expert opinion, peer review, re-examination, tactical combination, proof, fire.