The publication is devoted to the actual problems of the theory and practice of an advisory message as a form of expert research results implementation in Ukraine. The scope of application of the advisory notice is determined. The advisory notice is delimited with the conclusion of the court expert, the expert’s opinion on the order of the participant in the case and the conclusion of the expert study.

The contents of the advisory consultative message and its intrinsic features, revealing the scope of its application by court experts preparing an advisory message. It turns out that the conclusion of an expert study and an advisory message have common features: conducted in accordance with Art. 7-1 of the Law of Ukraine “On Forensic Examination”, on the basis of an agreement on the order of individuals or legal entities; answer the specific questions of the customer (physical or legal person); may be of a complex nature, taking into account the objects of expert research and the content of the questions posed by the customer of such research; conducted by forensic experts certified by a forensic expert in the subject of expert research; based on specialist knowledge of a forensic expert; embody the results of expert research, etc. At the same time, an advisory notice is used to provide an expert assessment of the legitimacy of individual administrative procedures, in particular, when applying the negotiation procedure for the purchase of intellectual property rights (software products, hardware and software complexes, support and/or upgrade services, etc.)

The conclusion is that the consultative (from the French consultatif, which takes its origins from Latin cosulto – “advise” and means ‘an advisory, which has advisory rights <…>’) message – a written document, based on the results of an expert study, providing answers to specific questions with the application of special knowledge and methods of forensic examination among certified in the relevant specialties of forensic experts, in which an independent position of court experts has been formed to take into account authorized subjects during the administrative procedures.

Bibliography

Edited books

1. Morozov S ta Shkaraputa L (red), Slovnyk inshomovnykh sliv [Dictionary of foreign language words] (Naukova dumka 2000) (in Ukrainian).

2. Shemshuchenko Yu (red), Velykyi entsyklopedychnyi yurydychnyi slovnyk [Great Encyclopedic Legal Dictionary] (Yurydychna dumka 2007) (in Ukrainian).

Journal articles

3. Shtefan A, ‘Vysnovok eksperta u tsyvilnomu sudochynstvi’ [‘The Conclusion of an Expert in Civil Proceedings’] (2018) 2 Teoriia i praktyka intelektualnoi vlasnosti 16-28 (in Ukrainian).