Preview

Humanities and law research

Advanced search

Expertise as a method of proof in administrative proceedings on environmental violations in specially protected areas

https://doi.org/10.37493/2409-1030.2026.1.18

Abstract

Introduction. Administrative proceedings frequently raise issues requiring resolution using specialized knowledge. Offenses committed in specially protected areas (SPAs) and their buffer zones are no exception. For these purposes, authorized bodies conducting administrative investigations and courts hearing administrative offense cases commission expert examinations, including environmental ones. Pre-trial and forensic examinations are conducted by state and non-state expert institutions and organizations.

Materials and Methods. The author uses both general scientific methods of inquiry, such as analysis, synthesis, induction, and deduction, and specialized legal methods: legal, technical, and other relevant research methods.

Analysis. Expert examination in administrative proceedings is an activity aimed at resolving issues related to circumstances subject to proof, based on the specialized knowledge possessed by experts. The fundamental federal law regulating forensic examination is Federal Law No. 73-FZ of May 31 On State Forensic Activity in the Russian Federation. The Code of Administrative Offenses of the Russian Federation and the Code of Administrative Procedure of the Russian Federation serve as the sources of the institution. One of the types of pre-trial and forensic examinations in most expert institutions is environmental and related examinations.

Results. Despite the existence of a legal framework and the abundance of expert institutions and organizations, a number of problems currently exist within this institution.

About the Author

R. S. Chilingaryan
North-Caucasus Federal University
Russian Federation

Razmik S. Chilingaryan, Postgraduate student 

1, Pushkina str.,Stavropol, 355017 



References

1. Antilevskaya YuA. Unified Register of Expert Personnel: A Basis for Ensuring the Quality of Forensic Expertise and a Verified Resource for Law Enforcement Agencies in Consultant Plus – Legal Reference System. (In Russ.).

2. Appellate Decision of the Moscow Regional Court in Case No. 33-9783/2016 in Consultant Plus – Legal Reference System. (In Russ.).

3. Urban Development Code of the Russian Federation of December 29, 2004, No. 190-FZ (as amended on August 28, 2024) in Consultant Plus – Legal Reference System. (In Russ.).

4. Komissarov GA. State Protectionism in Cases Contesting Cadastral Value in Consultant Plus – Legal Reference System. (In Russ.).

5. Resolution of the Plenum of the Supreme Court of the Russian Federation of March 24, 2005 (as amended on December 23, 2021) On Certain Issues Arising in Courts When Applying the Code of Administrative Offenses of the Russian Federation in Consultant Plus – Legal Reference System. (In Russ.).

6. Order of the Ministry of Internal Affairs of Russia of June 29, 2005, No. 511 (as amended on September 27, 2023) Issues of Organizing the Production of Forensic Examinations in the Forensic Units of the Internal Affairs Bodies of the Ministry of Internal Affairs of Russia in Consultant Plus – Legal Reference System. (In Russ.).

7. Order of the Ministry of Justice of Russia of April 20, 2023 (as amended on January 31, 2024) On Approval of the List of Types of Forensic Examinations Performed in Federal Budgetary Forensic Organizations of the Ministry of Justice of Russia in Consultant Plus – Legal Reference System. (In Russ.).

8. Order of the Ministry of Emergency Situations of the Russian Federation dated August 19, 2005, No. 640, approving the Instructions for the Organization and Conduct of Forensic Examinations in Forensic Institutions and Expert Units of the Federal Fire Service in Consultant Plus – Legal Reference System. (In Russ.).

9. Order of the Government of the Russian Federation dated November 16, 2021 No. 3214-r, as amended on October 31, 2023, On the List of Types of Forensic Examinations Conducted Exclusively by State Forensic Organizations in Consultant Plus – Legal Reference System. (In Russ.).

10. Decision of the Moscow City Court dated January 16, 2018 No. 7-60/2018 in Consultant Plus – Legal Reference System. (In Russ.).

11. Decree of the President of the Russian Federation of January 14, 2011, No. 38 (as amended on November 14, 2024) On the Activities of the Investigative Committee of the Russian Federation in Consultant Plus – Legal Reference System. (In Russ.).

12. Federal Law of November 23, 1995, No. 174-FZ (as amended on August 8, 2024) On Environmental Expertise in Consultant Plus – Legal Reference System. (In Russ.).

13. Federal Law of December 28, 2013, No. 412 (as amended on July 24, 2023) "On Accreditation in the National Accreditation System" in Consultant Plus – Legal Reference System. (In Russ.).

14. Federal Law of May 31 No. 73-FZ (as amended on July 22, 2024) On state forensic activity in the Russian Federation in Consultant Plus – Legal Reference System. (In Russ.).


Review

For citations:


Chilingaryan R.S. Expertise as a method of proof in administrative proceedings on environmental violations in specially protected areas. Humanities and law research. 2026;13(1):148-154. (In Russ.) https://doi.org/10.37493/2409-1030.2026.1.18

Views: 130

JATS XML


Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.


ISSN 2409-1030 (Print)