Judicial experts in civil and arbitration cases will be given equal rights

Today, an examination in a civil case may not be paid

The Constitutional Court of the Russian Federation ruled to restore justice to specialists who conduct examinations in the framework of civil proceedings. This decision was made following the consideration of the case of one of the private forensic centers near Moscow (ECC), which did not receive payment for the examination.

The expertise, which has not been paid so far, was appointed back in June 2016 during the consideration of a civil case by the Ramensky City Court. The appraisal examination was appointed at the initiative of the plaintiff. A year later, after the claim was partially satisfied, the money (12,500 rubles) was not received into the account of the ECC, and the court ruled to recover the amount from the defendant. Two more years passed, and the bailiff, who was supposed to receive the amount due to the experts, indicated that the debtor did not have property that could be levied. Therefore, it was not possible to receive money.

Then the ECC tried to get money from the state. The Center appealed to the Arbitration Court of the Moscow Region with a claim against the Regional Judicial Department and the Ramensky Court, which failed to ensure the timely payment of the fee, but in vain. It was not possible to achieve justice in the arbitration courts of higher instances, which forced the experts to apply to the Constitutional Court.

In their complaint, they pointed out that in the current legislation there is no provision for the advance payment of experts in civil cases. Moreover, specialists do not have the right to refuse to conduct an examination on the grounds that their work has not yet been paid. At the same time, the law regulates the payment of amounts due to witnesses and translators. An even greater injustice is the fact that specialists who prepare examinations on behalf of arbitration courts are guaranteed to receive remuneration, since the necessary funds are deposited into the accounts of the courts before the examination is carried out. Therefore, the ECC asked to check the provisions of the Civil Procedure Code, which determine the procedure for appointing and paying for a forensic examination, for compliance with the Constitution.

The Court ruled that the provisions contested by the EKC were indeed inconsistent with the Basic Law. Therefore, the Constitutional Court ordered the legislator to make changes, according to which an examination in civil cases without advance payment will be carried out only in cases where this is objectively necessary. In addition, it will be necessary to develop measures to provide guarantees for the remuneration of experts.

Published in the newspaper “Moskovsky Komsomolets” No. 29075 dated July 21, 2023

Newspaper headline:
The work of forensic experts offered to pay in advance