Expert Opinion FROM ANOTHER PROCEEDING: The Supreme Court's Legal Position
The procedural legislation does not prohibit the use of evidence, including expert opinions, obtained within the framework of other proceedings.
Judicial practice proceeds from the fact that evidence collected, for example, in criminal proceedings may be used as evidence in civil, commercial, and other types of proceedings, provided that it relates to the subject matter of proof.
The court assesses the reliability and sufficiency of such evidence in light of the circumstances of the particular case.
Relevant evidence is evidence containing information relating to the subject matter of proof.
The subject matter of proof consists of the circumstances confirming the claims or objections asserted, or otherwise relevant to the consideration of the case and subject to determination when rendering a court decision.
The court shall not consider evidence that is irrelevant to the subject matter of proof.
Accordingly, an expert opinion obtained in compliance with the requirements of the law in one case may serve as evidence in another case. The court must assess such evidence and provide reasons for either accepting or rejecting it.
In which cases has the Supreme Court confirmed the admissibility of using expert opinions obtained in other proceedings, and what are the requirements for admitting copies of such expert opinions?
Legal Position of the Supreme Court
The Supreme Court has repeatedly confirmed this legal position in cases of various types of judicial proceedings, including:
- Case No. 910/3374/23 dated 05 March 2024;
- Case No. 477/2330/18 dated 14 December 2022;
- Case No. 759/15556/18 dated 15 April 2021;
- Case No. 752/21411/17 dated 25 March 2021;
- Case No. 461/3675/17 dated 27 January 2021;
- Case No. 461/3675/17 dated 05 February 2020;
- Case No. 686/23256/16-ц dated 10 July 2019;
- Case No. 761/12898/16-ц dated 11 October 2018.
- and others.
- an expert opinion prepared in another proceeding is admissible as evidence, provided that the expert is certified and has been warned (or is aware) of criminal liability for knowingly providing a false expert opinion;
- the copy of the expert opinion must be duly certified;
- no separate authorization is required for admitting a copy of the expert opinion;
- such evidence has no predetermined evidentiary value for the court; the court evaluates the copy of the expert opinion together with all other evidence in the case;
- the parties to the proceedings have the right to submit evidence rebutting the expert opinion, request the expert's appearance before the court, or apply for an additional or repeated forensic examination, etc.
- the person who conducted the examination is a certified forensic expert and has been warned of criminal liability for knowingly providing a false expert opinion under Articles 384 and 385 of the Criminal Code of Ukraine;
- the expert opinion itself is sufficiently informative with respect to the subject matter of proof and therefore constitutes admissible evidence, which must be evaluated together with the other evidence in the case.