The Procedural Status of Specialist in Civil and Arbitration Proceedings

Abstract

Intensive development of scientific and technological progress has expanded the scope of application of special knowledge in various types of proceedings. This is due to the appearance in the legislation of the new member process, a specialist designed to assist the court in the limits of its competence. This article is devoted to the procedural status of a specialist as a participant of civil and arbitration proceedings. The author emphasizes that, unlike the civil process, in the arbitration process a specialist is endowed not only with duties, but also with a number of rights enabling him to more effectively perform his functions. The author examines in detail the legal framework and judicial practice governing the order of participation of a specialist in the process, his rights, duties and forms of participation. The author analyzes the provisions of civil and arbitration procedure codes, the views of well-known scientists for the study of the evidentiary value of specialist advice and other topical issues of the legal regulation of a specialist in civil and arbitration law of procedure.