THE LIMITS OF EXPERT’S COMPETENCE ON THE APPLICATION OF THE STATUTE OF LIMITATIONS IN CONDUCTING ECONOMIC FORENSIC EXAMINATIONS IN CASES OF CREDIT DEBT RECOVERY FROM BORROWERS

Abstract

The purpose of the article is to outline the limits of the expert's competence to apply the statute of limitations
during the economic examination in cases of recovery of credit indebtedness from borrowers and to provide recommendations in this regard. Methodology. The reliability of the obtained results and conclusions is ensured by a set of methods of general and specific scientific levels. In particular, credit debt and its individual components are investigated by means of the methods of analysis and synthesis. A comparative analysis of accounting data with regulatory
requirements is performed for purposes of the statute of limitations determined the amount due to be recovered credit debt. Scientific novelty. A suggested unified methodology of economic research on documentary evidence of credit indebtedness in disputes between banks and borrowers is necessary for tax experts to properly apply the law, draw expert opinions and avoid errors in conducting economic examinations. Conclusions. The analysis of the practice of
applying the statute of limitations in conducting an economic examination to recover credit debt demonstrated that in accordance with Art. 107(2) of the Civil Procedure Code of Ukraine, the expert has no right to independently choose any source data for the examination, i.e. to determine the date and period of debt. Experts during economic examinations should examine the accounting documents of banks, taking into account the statute of limitations, in order to form a unified practice of conducting economic research on documentary evidence of credit indebtedness in disputes between banks and borrowers and to guarantee correct application of law and avoidance of errors. If such deadlines are not specified in the decision on the assignment of the examination, the expert is obliged to request the dates and terms of the statute of limitations; in accordance with Art. 104(4) of the Civil Procedure Code of Ukraine, if necessary, the court may hear an expert on the correct formulation of the question to the expert that requires clarification, and, at his request, provide appropriate clarifications on the issue. Taking into account the court’s clarifications, the expert is obliged to give a reasoned and objective written opinion on the questions asked to him. It is argued that the competence of the expert as a participant in litigation, including in cases of recovery of credit indebtedness from borrowers, is limited by law; the expert is prohibited from collecting data, relying on other sources of data than those provided
by the parties, i.e. the bank or the borrower. The limitation either makes it impossible to conduct an examination, or requires the court to clarify the period of calculation of credit debt, indicating the date and statute of limitations. The recommendations formulated in the article may be included in the existing methods of conducting research to determine the debt on consumer loans. The practical application of the results of the study is the formulation of a uniform practice in the initiation of forensic economic examinations. Additionally, the questions to experts concerning debt confirmation must specify specific dates and periods for the examination within the statute of limitations.