THE PLACE OF THE INSTITUTE OF FORENSIC EXAMINATION IN THE LEGAL SYSTEM AND ISSUES OF ELIMINATING COLLISIONS IN SECTORAL LEGISLATION

Abstract

This article examines, from a scholarly, theoretical, and comparative legal perspective, the place of the institution of forensic examination within the legal system, its legal and organizational foundations, and issues related to resolving conflicts between sector-specific and procedural legislation. The primary aim of the article is to reveal the nature of forensic examination as a complex intersectoral legal institution and to develop theoretical and practical mechanisms for resolving normative inconsistencies between special legislation and procedural codes. The study analyses doctrinal approaches, including views on the subject matter of forensic expertology, its structural composition, and the concepts developed by various scholarly schools. As a result, it is substantiated that the institution of forensic examination constitutes a complex legal structure with a procedural-law core that integrates norms of administrative, labour, civil, and international law. The scientific novelty of the study lies in substantiating an approach to resolving conflicts between special and procedural legislation not only on the basis of the principle of the priority of procedural norms, but also with due regard to preserving additional safeguards designed to ensure human rights and freedoms. On the basis of these conclusions, proposals are formulated for amending the Law “On Forensic Expert Activities.”