EXPERT AND SPECIALIST IN ADMINISTRATIVE JUDICIAL PROCEEDINGS

Abstract

The article provides a doctrinal analysis of the procedural statuses of the expert and the specialist in administrative judicial proceedings with the aim of clearly distinguishing their roles and determining the evidentiary value of the results of their participation in court proceedings. It is substantiated that the expert and the specialist are different in their legal nature as participants in the administrative process, and that their functional purposes determine distinct procedural regimes for the use of specialised knowledge. The peculiarities of involving experts and specialists are examined in light of the principle of official clarification of all circumstances of the case and the active role of the court in public-law disputes. The limits of the evidentiary value of expert opinions as independent means of proof are identified, and the auxiliary nature of the specialist’s activities is justified. The article concludes that a doctrinally grounded approach to the use of specialised knowledge in administrative judicial proceedings is essential for ensuring procedural certainty and the reasonableness of judicial decisions.