Bykov, V.M. Report and testimony of a specialist as new types of evidence.

Abstract: Currently, Part 3 of Article 80 of the CPC of the Russian Federation establishes that a specialist's opinion is a written judgment on issues put before a specialist by the parties, and Part 4 of the same article defines the testimony of a specialist as information provided by him during interrogation about circumstances requiring special knowledge, as well as clarification of his opinion in accordance with the requirements of Articles 53, 168 and 271 of the Code of Criminal Procedure of the Russian Federation. As the author of the article notes, this novel by the legislator immediately posed a number of questions to scientists and practitioners of law enforcement agencies, the answers to which cannot be found in the newly adopted law. For example, what is a specialist's opinion as a new type of evidence, and how does it differ from an expert's opinion, what is the procedure for requesting and presenting a specialist's opinion, how can a specialist's opinion be used in proving in general, and at the stage of initiating a criminal case in particular?