Economic expertise is performed for support or refute of the facts, which are discussed in the course of investigations or court proceedings in criminal, administrative or civil cases related to economic activity.
Permission for conduction of such examination may be given by the prosecutor, investigator or judge. Forensic and economic expertise is not among the mandatory examinations and financial and economic control.
The study is focused on the individual facts of economic activity. Moreover, forensic expertise examines materials or objects of economic activity which are directly reflected in the judgment of court or investigator.
It can be assigned in connection with economic and tax crimes, corporate and customs disputes, as well as for confirmation or cancellation of the results of inspections by authorities and for determination of the condition of settlements between natural and legal entities.
The main task of the expert conducting such expertise is not the classification of any economic transaction or the manner of its registration in the accounting, the task is to verify its compliance with the legislation.
Additionally, the expert may be involved to give his\her competent and independent judgment on complex issues of economic processes, terminology and accounting.
Quite often, the defendant (natural person or natural-person entrepreneur), in order to prove his/her obedience to the law seeks to court for appointment of this kind of expertise at his/her enterprise for enhancing legal position.
We would like also to note that very frequently in the course of examination there arises a necessity to attract independent authoritative expert on issues that are the subject of contention (Article 84 of the Tax Code of Ukraine).
In such case, appoint of the expertise by the court may be requested both by the plaintiff and the defendant. Additionally, the court has the right to appoint expertise on its own initiative. Unbiased and professional expert opinion provides a fair and lawful judgment.
Please bear in mind that at the current date, results of the forensic and economic expertise are serious facts for court hearings and investigative activities, which can be used as a basis for a positive final decision.
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