Handwriting examination in civil proceedings: the main points of appointment (+ Template of a request for the appointment of a handwriting examination under the Code of Civil Procedure)

The appointment of a handwriting examination in a legal process most often occurs when a deed is declared invalid or when a deed is proved to be invalid due to non-signing by one or the other party. The urgency of this issue makes it necessary to understand the procedure for appointing a handwriting examination by the court. consider such a procedure according to the civil process.

Procedure for appointment of expert examination by the court in civil proceedings

Therefore, in accordance with Article 103 of the Code of Criminal Procedure of Ukraine , the court appoints an examination in the case under the following conditions :

1) to find out the circumstances that are important for the case, special knowledge in a field other than law is required, without which it is impossible to establish the relevant circumstances;

2) the parties (parties) have not provided appropriate expert opinions on the same issues or the expert opinions raise doubts about their correctness.

When appointing an expert examination by the court, an expert or an expert institution is chosen by the parties by mutual agreement, and if such an agreement is not reached within the term set by the court, the expert or an expert institution is determined by the court. The court, taking into account the circumstances of the case, has the right to determine the expert or expert institution independently. If necessary, several experts may be appointed to prepare one opinion (commission or comprehensive examination).

The issues on which the court-appointed examination must be conducted are determined by the court.

The participants in the case have the right to propose to the court questions , the clarification of which, in their opinion, requires an expert's opinion. In case of rejection or change of issues proposed by the participants of the case, the court is obliged to motivate such rejection or change.

Article 104 of the Code of Criminal Procedure of Ukraine specifies that the court issues a decision on the appointment of an expert opinion , in which it indicates the grounds for conducting the expert opinion, the issues on which the expert must provide the court with an opinion, the person(s) entrusted with conducting the expert opinion, the list of materials provided for the study, and other data that are important for the examination.

The decision on the appointment of an expert opinion is sent to the persons entrusted with conducting the expert opinion and to the participants in the case. Objects and materials to be examined are sent to the person entrusted with conducting the examination (leading expert or expert institution).

In the decision on the appointment of the expertise, the court warns the expert of criminal liability for a knowingly false conclusion and for refusing without valid reasons to perform the duties assigned to him.

The appointment of an expert examination by the court is mandatory , in accordance with Article 105 of the Civil Code of Ukraine , in the event of a petition for the appointment of an expert examination by both parties.

An approximate list of questions to be resolved by the handwriting examination

Scientific-methodical recommendations on the preparation and appointment of forensic examinations and expert studies, approved by the order of the Ministry of Justice of Ukraine dated 08.10.1998 No. 53/5 (hereinafter - Scientific-methodical recommendations) list the main tasks of handwriting examination.
Therefore , the main task of the handwriting examination is the identification of the performer of the handwritten text, which is limited by the amount of handwritten entries (letters and numbers) and the signature. Some non-identification tasks are also solved by such an examination (establishing the fact of the execution of a handwritten text under the influence of any interfering factors (natural: disease state, chronic diseases, age changes; temporary external: unusual holding of a writing instrument, unusual posture, limitation of visual control etc.; temporary internal: alcohol intoxication, pharmacological, narcotic drugs, etc.; artificial: distortion of writing with altered movements); determination of the gender of the performer, as well as his belonging to a certain age group, etc.).

The object of the handwriting examination is the handwritten material in which the signs of a certain person's handwriting are displayed to the extent that they can be detected to solve the tasks.

Original documents are provided for handwriting research of handwritten notes and signatures.

According to clause 1.2. Scientific and methodological recommendations , an approximate list of resolved issues:

• Was the handwritten text (handwritten entries) in the document (name of the document and its details, column, line) made by a certain person?
• Are the handwritten texts (handwritten entries) in the document(s) (name of the document and its details, column, line) made by one person?
• Is the signature executed on behalf of the person (surname, first name, patronymic of the person on whose behalf the signature is indicated) in the document (name of the document and its details, column, line) by the person on whose behalf it is indicated, or by another person?
• Was the handwritten text in the document (name of the document and its details, column, line) made under the influence of confusing factors (natural, artificial)?
• Is the signature executed on behalf of the person (surname, first name, patronymic of the person on whose behalf the signature is indicated) in the document (name of the document and its details, column, line) under the influence of misleading factors (natural, artificial)?

Therefore, the examination is appointed by the court at the request of the participant in the case. In his request, the participant can propose a relevant expert institution and a certain list of questions. The participant who asks the court to appoint a handwriting examination must indicate in such a petition the circumstances that are important for the case, for the clarification of which he asks to appoint the appropriate examination, and indicate the absence of experts' conclusions on this matter or doubts about the available conclusions of experts.

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