THE STATE DUMA INTRODUCED A BILL ON PREPAYMENT FOR FORENSIC EXAMINATION

THE STATE DUMA INTRODUCED A BILL ON PREPAYMENT FOR FORENSIC EXAMINATION

THE STATE DUMA INTRODUCED A BILL ON PREPAYMENT FOR FORENSIC EXAMINATION
The Government of the Russian Federation has prepared amendments to the Code of Civil Procedure providing for an advance payment for forensic examination to the court's deposit account if the party to the case requires appropriate research. The amendments were developed to implement the Constitutional Court's Resolution No. 43-P.

The bill is aimed at protecting the rights of experts, the Cabinet of Ministers notes. At the same time, if the study is appointed by a magistrate, payment will be made from the regional budget.

The Constitutional Court ordered amendments to the law in the framework of a case in which the opposing party initiated an examination, but did not pay for it. It was not possible to recover the money in. The courts have confirmed that a specialist cannot refuse to study civil cases, even if the payment has not been transferred in advance. At the same time, in the arbitration process, the expert's work will definitely be paid, since an examination is not appointed without advance payment.

08.12.2023