Forensic economic examination: basics

Structure of a Forensic Economic Expert Report: How to Read It

8 min read

A Ukrainian forensic economic expert explains the structure of an expert report: its parts, how to read it, check completeness and spot typical defects.

A forensic economic expert report is not a “sheet of numbers” — it is a procedural document with a clear, legally defined structure. Once you know which parts it must contain and what belongs in each, you can tell within a few minutes how complete, well-founded and court-ready it is. Below, as a forensic economic expert, I show you the report from the inside — and what to look at to judge its quality, even if you are not an economist yourself.

Why structure is a question of admissibility

The layout of a report is not the expert’s free composition. Its content is prescribed by procedural law: in criminal proceedings the requirements are set by Article 102 of the Criminal Procedure Code of Ukraine (KPK), and the formatting is detailed by the Instruction on the Appointment and Conduct of Forensic Examinations and Expert Studies, approved by Order of the Ministry of Justice No. 53/5. Substantively similar requirements for an expert report apply in commercial, civil and administrative proceedings (the Commercial Procedure Code, HPK; the Civil Procedure Code, TsPK; the Code of Administrative Judiciary, KASU), while the status of the examination and of the expert is governed by the Law of Ukraine “On Forensic Examination.”

In practice this means a simple thing: if a report omits a mandatory element or is prepared in breach of the methodology, the opposing party gains grounds to challenge it, and the court gains grounds to declare the evidence inadmissible or to order a repeat examination. That is why the ability to “read” the structure is needed not only by the expert, but also by the lawyer, the investigator or a detective of the Bureau of Economic Security (BEB), the business owner, and the person who commissions an examination at their own expense.

The classic structure consists of three mandatory parts — the introductory, the research and the conclusions (final) part — plus appendices. Let us go through each.

The introductory part: who, when and on what basis

The introductory part answers the question “where did this document come from.” It must contain:

  • who conducted it — the expert’s name, education, expert specialty, qualification, certificate number, experience, and where applicable an academic degree and title. For economic examinations the specialties are usually: 11.1 — examination of accounting, tax records and reporting documents; 11.2 — examination of documents on the economic activity of enterprises; 11.3 — examination of documents on financial and credit operations;
  • when and where — the start and completion dates of the study and the place it was carried out;
  • on what basis — the details of the court ruling, the decision of the investigator or detective, or the contract (if it is an expert study commissioned by a party);
  • the list of questions put to the expert, in their exact, verbatim wording;
  • objects and materials — precisely which documents and materials were submitted for study;
  • the warning on liability — in a procedural examination it is mandatory to record that the expert was warned of criminal liability for a knowingly false report (Article 384 of the Criminal Code).

What to look for

  • Whether the warning on liability is present. In a report prepared within proceedings, its absence is not a formality but a formatting defect.
  • Whether the expert’s specialty matches the subject of the study. Questions about the movement of funds in accounts and credit operations lean toward specialty 11.3; tax-accounting questions toward 11.1. If the expert answers outside their qualification, the report is vulnerable.
  • Whether the questions in the introductory part match those posed by the court or investigator. Questions “reworded” to allow a more convenient answer are a reason for clarification.

The research part: where the evidentiary weight lives

This is the heart of the report. Here the expert shows how the answers were reached, not merely what they are. Article 102 of the KPK expressly requires a detailed description of the studies performed, the methods applied, the results obtained, and their reasoned assessment.

A sound research part contains:

  • the methodology applied — with a reference to a specific methodology from the Register of Forensic Examination Methodologies maintained by the Ministry of Justice. The method must be relevant to the subject, not “general-scientific” in name only;
  • data sources — the specific primary documents, accounting registers, bank statements, contracts and reporting the study relies on, each identified;
  • the course of the calculations — the sequence of steps, the formulas, intermediate sums and comparisons of indicators, so that the result can be reproduced and verified;
  • intermediate (synthesizing) conclusions — an assessment of the results obtained that logically leads to the answers in the final part.

What to look for

  • Traceability. From every concluding figure there should be a visible path back to a specific document and calculation. If a sum is simply “taken” without justification, that is a weak point.
  • The source of each number. The data must come from the submitted materials, not from the expert’s assumptions.
  • Fit between method and subject. A reference to a methodology from the Register is a good sign; generic phrases such as “based on an analysis of the documents,” with no named method, are a warning.

The conclusions part: answers to the questions

The conclusions (final) part contains answers to each question posed, in the same order as in the introductory part. Every answer must rest on the research part, not appear “out of nowhere.”

Answers come in three types, and understanding the difference matters:

Type of answerWhat it meansHow to read it
CategoricalAn unambiguous conclusion (confirming or refuting) based on sufficient dataThe strongest form; must be fully supported by calculations
ProbableA conclusion on the most likely variant given available but incomplete dataNot categorical proof; signals a shortage of materials
”It was not possible to resolve”An answer is impossible due to missing or contradictory documentsA correct and legitimate answer, not a “failure” of the expert

The wording that it was not possible to answer with the materials provided often disappoints the client, yet it is frequently the only correct one. If the primary documents were not furnished, a conscientious expert will not “fill in” an answer but will record exactly what is missing. In my practice, it is precisely the list of undelivered documents in such an answer that tells a party what to request further and which materials to rely on next.

Appendices: the report’s evidentiary support

Appendices are an integral part of the report, not an add-on. They usually include:

  • calculation tables — a breakdown of sums, comparisons across periods, summaries of indicators;
  • copies of the key documents the study relies on;
  • supporting and illustrative materials — schemes of the movement of funds, extracts from accounting registers.

A practical rule: the concluding figures in the text must “add up” with the tables in the appendices. A discrepancy between a report and its own appendices is a signal to check more carefully.

A practical checklist: assessing completeness and soundness

A quick check that even a non-economist can run:

  1. All three parts present — introductory, research, conclusions, plus appendices.
  2. Questions = answers. The number and wording of questions in the introductory part match the answers in the conclusions; no question has been “lost.”
  3. Every answer has a calculation. The research part shows where the figure came from.
  4. The methodology is named from the Register, and it fits the subject.
  5. Data come from the submitted materials, not assumptions; the source of each number is identified.
  6. The type of answer is clear — categorical, probable, or “not possible to resolve” — and it matches the volume of available documents.
  7. Appendices are consistent with the text — the tables confirm the concluding sums.
  8. The liability warning and the expert’s signature are present.

Typical defects in a report

Over the years the same weak spots recur. The most common:

  • An answer with no calculation. The conclusions part has a figure, but the research part shows no path by which it was obtained. Such a report is almost impossible to verify — and easy to challenge.
  • Reliance on undelivered documents. The expert relies on a document that is not among the submitted materials. This undermines the logic: the conclusion is built on something that was not in the case file.
  • Going beyond competence. An economist answers legal questions — the existence of the elements of an offence, guilt, or the legal characterization of conduct. This lies outside the subject of an economic examination, and such answers have no legal force.
  • A methodology outside the Register, or no named method at all — “an analysis of the documents” with no specifics.
  • A mismatch between questions and answers — reworded questions, skipped items, answers to something not asked.
  • A categorical conclusion on insufficient data — where the volume of materials would only support a probable answer or “it was not possible to resolve.”

On spotting any of these defects, it is reasonable to put written questions to the expert, move for the expert’s examination, or move for an additional or repeat examination — depending on the procedural situation. And an important nuance: an “inconvenient” answer is not itself a defect. A defect is the absence of justification, not a result a party dislikes.

When it is worth consulting

If you have already received a report and are unsure whether it is complete and well-founded, or if you are only planning to order an examination and want to frame the questions correctly, it is better to check in advance than to repair your position in court. Reach out for a consultation: together we will assess the structure of an existing report or prepare a correct task for your situation.

Need a forensic economic examination or a consultation?

Maryna Rudaia is a qualified court expert in three specialties. Write or call to discuss your case.

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