COMMODITY EXPERTISE AS EVIDENCE IN PROPERTY DISPUTES: LEGAL AND PRACTICAL ASPECTS

Abstract

The article is devoted to a comprehensive study of commodity expertise as evidence in property disputes, focusing on its legal nature, procedural principles, methodology, and practical aspects of application in judicial practice. The relevance of the problem is analyzed in connection with the rapid development of market relations, increasing complexity of property disputes, and the necessity to objectively establish the characteristics of property, including quality, quantity, features, and market value. Current Ukrainian legal regulations, including the Law of Ukraine “On Forensic Expertise” and the Civil Procedure Code of Ukraine, which determine the legal basis for appointing and conducting expertise and their interaction with judicial practice, are examined. Particular attention is paid to an interdisciplinary approach combining legal knowledge with economic and commodity assessment methods, which enhances the evidentiary value of expert conclusions. Analysis of judicial practice revealed problematic aspects in the application of commodity expertise, such as incorrect formulation of expert assignments, insufficient methodological justification, use of outdated approaches, and insufficient qualification of some experts. The author substantiates the need to improve standards for conducting expert examinations, unify property assessment methodologies, and strengthen control over experts’ qualifications. The results indicate that commodity expertise is an effective and indispensable tool of evidence in property disputes, and ensuring proper procedural documentation, methodological justification, and interdisciplinary approach contributes to increasing the objectivity of court decisions and the evidentiary weight of expert opinions. The article is of practical importance for judges, lawyers, experts, and scholars working in civil and commercial law.