EXPERT CONCLUSION AS A KEY SOURCE OF EVIDENCE IN CASES OF CORRUPTION OFFENSES BY OFFICIALS

Abstract

The article examines the issue of using an expert’s opinion as a procedural source of evidence of receipt of funds in the form of an unlawful benefit by an official. The relevance of the topic is evidenced by the need to update the current legislation in the field of forensic examinations for the purpose of high-quality pre-trial investigation and trial, in particular, through the prism of the Ukrainian society’s requirement to cleanse the state apparatus from corruption, effectively combat criminal offenses, and improve the current crime situation. Another factor is the rapid development of all spheres of public life. This is manifested on the one hand in the improvement and complication of the processes of proving the parties’ positions in court and, on the other hand, in the massive introduction of computer information technologies into everyday life, the automation of many types of work processes, the spread of artificial intelligence technology, and its obvious potential. In the case of forensic examination and obtaining an expert opinion based on its results, the development of social relations and technology has a negative impact if ignored, but at the same time offers great potential for improving the process of proof. The purpose of the article is to study the specific aspects of using an expert’s opinion when proving the receipt of funds in the form of an unlawful benefit by an official. As a result of achieving the objective, a method for addressing the identified negative factors has been proposed, which involves amending existing legislation or introducing new regulations in areas requiring legal oversight. In general, the study contributes to the study of the use of an expert opinion in proving the receipt of funds in the form of an unlawful benefit by an official. Outlining the legal characteristics of an expert opinion and examining the practice of its use in proving a corruption crime.