CONFLICT BETWEEN LITIGATING PARTIES REGARDING FACTS AND EXPERT EVIDENCE AS A MEANS OF EVIDENCE

Abstract

Disputes that arise between citizens, as well as between citizens and legal entities, represent individual social conflicts which, when it comes to civil law relations, are resolved in civil litigation proceedings. This paper examines the conflict between litigating parties regarding facts as one of the central characteristics of the litigation proceedings. The examination starts from the standpoint that the parties present opposing factual claims, while the task of the court is to determine, through the evidentiary process, which of those claims are legally relevant and accurate. Particular attention is devoted to situations in which the court does not possess the specialized knowledge necessary to establish disputed facts, which is why it resorts to expert evidence. The paper analyzes the legal nature of expert evidence, the position and role of expert witnesses in the proceedings, as well as the relationship between the expert’s findings and opinion and the principle of free evaluation of evidence. It is emphasized that expert evidence does not have a decisive role in rendering a judicial decision, but rather represents a means of evidence that enables the court to, with the assistance of specialized professional knowledge, clarify disputed legally relevant facts, thereby creating the basis for rendering a decision and ultimately resolving the dispute that was the cause for litigation.