Л.В. Туманова

STATUS OF ASSISTANTS OF JUSTICE AS AN IMPORTANT FACTOR IN EVIDENCE

Authors

Л.В. Туманова

Keywords:

path to the law, explanations of persons involved in the case, specialist advice, witness immunity, witness liability, status of a minor witness, specialist for consultations, specialist for technical assistance, assistant judge, expert, translator

Abstract

The object of the study is the procedural legal relations that arise between the court and persons assisting in the administration of justice. The subject of the study is the norms of civil procedural and criminal law that regulate the procedural status and responsibility of persons assisting in the administration of justice. The goal is to identify gaps in the regulation of the procedural status of persons assisting in the administration of justice and develop proposals for their elimination. The specific tasks are: the study of issues related to the legal regulation of witness immunity; substantiation of the evidentiary value of specialist advice; identification of features associated with the participation of minors in civil proceedings; analysis of the procedural position of the translator and expert. One of the main research methods is comparative, on its basis various approaches to determining the procedural status of persons assisting in the administration of justice in the current procedural codes and foreign legislation are shown. The results of the study can be represented by the following main conclusions. It is necessary to expand witness immunity with rules that ensure the observance of lawyer secrecy, and the need for the participation of an interpreter in the provision of legal assistance by a lawyer and in conciliation procedures. Clarify the legal status of a specialist and fix the evidentiary value behind the consultation. The specialist who provides technical assistance should be transformed into an assistant judge, which is necessary as the judiciary is digitalized. Replace a pedagogical worker with a specialist psychologist when receiving testimony and explanations from minors. Clarify differences in the status of a minor witness according to age

STATUS OF ASSISTANTS OF JUSTICE AS AN IMPORTANT FACTOR IN EVIDENCE