The role of an expert in court cases regarding compensation for damages caused as a result of military actions
The consequence of the armed aggression of the Russian military against our country was the destruction of a significant number of real estate objects of individuals and legal entities. The legislation of Ukraine stipulates that the protection of the violated rights of individuals or legal entities to objects of immovable property is carried out in court.
One of the sources of the formation of the evidence base during the trial of a case is the conduct of a forensic examination. Forensic examination is research based on special knowledge in the field of science, technology, art, crafts, etc., of objects, phenomena and processes with the aim of providing a conclusion on issues that are or will be the subject of judicial proceedings.
At the same time, the conduct of the judicial examination is entrusted exclusively to forensic experts who have the appropriate higher education, have undergone the appropriate training and received the qualification of a forensic expert in a certain specialty.
In cases of compensation for damages caused to individuals or legal entities as a result of damage or destruction of immovable property, it is mandatory to appoint forensic experts, first of all, such as:
- fire engineering;
- construction and technical;
- assessment and construction.
Thanks to these examinations, issues related to the installation of:
- as a result of which actions the real estate object was destroyed or damaged;
- the circumstances of the explosion;
- the cause of the fire;
- as a result of which actions a fire occurred at the real estate object;
- technical condition of buildings, structures and engineering networks, causes of damage and destruction of objects and their elements;
- cost of destroyed and damaged property;
- actual costs incurred to restore damaged real estate.
That is, based on the above, it can be seen that in cases of compensation for damages caused to individuals and legal entities as a result of damage or destruction of immovable property caused by military aggression on the part of the Russian military, the forensic expert and his special knowledge play a leading role in the formation of evidence and contribute to the ruling legal and justified court decision.
The publication was prepared within the framework of the Project “Increasing awareness among self-governing municipalities and citizens on recording the destruction caused by war”, which is implemented by the Ukrainian Association of District and Regional Councils with the support of the “Phoenix” Project, which is implemented by the Eastern Europe Fund at the expense of the European Union.