scholarly journals SUBJECT OF JUDICIAL EXPERTISE IN THE INVESTIGATION OF OFFICIAL CRIMES

Issues of Law ◽  
2020 ◽  
Vol 20 (2) ◽  
pp. 118-122
Author(s):  
A. V. Matyushkina ◽  
◽  
L. F. Ayzyatova ◽  

The article raises the problem of the correct determination of the subject of forensic research in the investigation of official crimes and its differentiation between related branches of expert knowledge, the authors note a significant number of forensic errors that arise in preparation for the production of forensic examinations: the formulation of incorrect questions to a forensic expert. The solution of the problem associated with incorrect posing of questions to a forensic expert is given. A pattern is revealed between the method of committing a crime and the determination of the subject of forensic investigations in the investigation of official crimes

Legal Ukraine ◽  
2020 ◽  
pp. 20-25
Author(s):  

The article examines the features of the interaction of a forensic expert and an investigator at the scene of an incident involving the use of firearms, and the determination of the expert’s error when performing his functions in the investigation of criminal offenses related to the use of firearms. The specified list of criminal offenses, the subject of which is firearms, and also analyzed the statistics on the number of registered crimes under the selected article and the percentage of these crimes to crimes against public security committed in the same year. The legislative framework governing the activities of a forensic expert has been checked. The definitions of the concept of “forensic examination” are also given, the essence of interaction between the investigator and the forensic expert is characterized and their forms are indicated. The issues of the features of conducting research with firearms by a forensic expert have been studied. It was proposed to improve the skills of forensic experts to eliminate the poor-quality conclusions of the expert and further facilitate the rapid conduct of the pre-trial investigation at a high level. It was noted about the expediency of interaction between the investigator and the forensic expert by the beginning of the appointment of a forensic examination by prior agreement of questions, the answers to which the investigator wants to see in the expert’s conclusion. It is also recommended to transfer the authority to collect materials and objects that will be subject to expert research to the forensic expert who will conduct the research, and not to the investigator or specialist. Key words: forensic expert, investigator, firearms, procedural features.


Author(s):  
Igor Babin

The article reveals the features of self-taxation of the population as an institution of financial law. There is no consensus among national and foreign scholars on the understanding of the nature, place and role of self-taxation in the system of profitable sources of territorial communities. For the most part, self-taxation is considered to be an institution of a tax nature, compulsory non-tax payment, charitable contributions, local borrowing. The problem is also caused by the fact that today in Ukraine there is practically no legislative regulation of this financially legal institute. The procedure for establishing and entering, the basis for collection and collection depends on the correct determination of the place of each type of payment in the system of revenue of public entities, and in particular in the system of obligatory payments. Although self-taxation and taxes are inherent in a number of common features (public nature, individual non-gratuity, mandatory payment), these payments cannot be equated. First, self-taxation differs from the taxes by target character. Secondly, self-taxation is characterized by its own form of legalization - holding a general meeting or a local referendum, while for taxes such forms of direct democracy are explicitly prohibited by law. In the foreign scientific literature, based on this peculiarity of self-taxation, it is often called the instrument of direct democracy and the people's financial initiative. Third, self-taxation is different from taxes by the entity of imposed. The subject by imposed of local taxation is the representative body of local self-government (local council), and self-taxation is directly the residents of the respective territorial community. Fourth, self-taxation, unlike taxes, is inherently voluntary in nature. At a general meeting or local referendum, residents of a territorial community voluntarily agree to introduce self-taxation, its size, payment procedure, purpose of using the funds raised, or vice versa, but these issues are not discussed with taxpayers. It is argued that self-taxation is an independent, non-taxable type of payment that is used to resolve issues of local importance, the size and order of introduction and use are set independently by the population at a general meeting or local referendum. Introducing self-taxation is essential for the development of territorial communities. Self-taxation allows territorial communities to receive additional funds, increase civic activity of residents, and increase the level of responsibility of local self-government bodies.


2017 ◽  
Vol 17 ◽  
pp. 391-400
Author(s):  
V T. Chuprun

The presence of the set of unresolved scientific and practical problems in the new field offorensic expertise "Military Research" is determined, and, first of all, it’s a deficit of scientific and methodical provision. The purpose of the paper is to define the comprehensive nature of forensic research in the military sphere. The experience of modern wars and armed conflicts shows that the battle of combined-arms formations acquires the features of land-and-air combat. It’s noted that in today’s combined arms battles and operations, it’s possible to solve successfully the tasks posed only in a complex manner. An analysis of the expert practice of the Kharkiv RIFE shows that during the last period the amount of the forensic military expertise has significantly increased. When conducting investigative activities in this category of criminal proceedings, a number of different issues arise, resolution of which requires special knowledge in various fields of science. In the Kharkiv RIFE there was initiated the performance of research work on the topic "The technique of forensic expert study of the work of commanders (staffs) and military formations in the preparation and realization of combat (service-combat) tasks". The novelty of the work lies in the fact that for the first time an algorithm is developed for determining, from a military point ofview, the compliance ofactions of responsible persons with the established requirements. An opinion was expressed that the subject of any research, including expert, is its immediate performer. In the latter case, it’s only a forensic expert or a person who is procedurally involved in the performance of the examination. The definition of the subject of a forensic military expertise is given. Attention is drawn to the need of availability for the forensic experts and specialists who participate in carrying out forensic military examinations, of the admittance to the information with limited access.


Author(s):  
Vitaliy Areshonkov

The basic normative legal acts regulating carrying out of researches connected with forensic engineering as a section of forensics are considered. The law regulates the conduct of investigative actions in the detection, recording, seizure and investigation of objects that contain forensically significant information and can be used as evidence in criminal proceedings. The basic provisions of the Constitution of Ukraine are considered, which must be observed during conducting of forensic investigations. According to the author, in the draft law "On forensic activity in Ukraine" among the terms that are used in the text of the bill itself and are important for interpretation, namely: "expert institution", "head of expert institution". The head of the expert institution is the subject of the expert activity, but his authority, the amount of work performed, the competence is somewhat different from that of the ordinary expert. Therefore, it is necessary not only to provide the definition of the head of the expert institution, but also to supplement the bill with a separate article, where to state its rights and responsibilities. The following definition of the head of an expert institution is considered appropriate: "a person who performs the function of leadership during the organization and conduct of judicial examination in a subordinate unit". The author does not support the views of some scholars on the need to regulate these examina-tions in the Criminal Procedure Code of Ukraine (CCP). In our opinion, the types of expertise are of sci-entific rather than procedural importance, so it is not necessary to burden the CCP of Ukraine with unnec-essary provisions.


2020 ◽  
pp. 23-33
Author(s):  
Elena A. Zaeva-Burdonskaya ◽  
Yuri V. Nazarov

This article addresses one of the most actively developing types of design activities – light design. The article comprises quotes of the leading Russian and foreign light design specialists published over the previous five years, as well as the authors’ own conclusions. The thoughts quoted in the article are sometimes opposite to each other and reflect the wide spectrum of professional practice. They reflect the initial opinions of analysts and experts which are often diverging. All of the specialists point at the interdisciplinary nature of the new profession, which imposes additional load on a designer overloaded enough already by the scope and speed of the problems being solved nowadays. The discussion of the new profession of light designer initiated on the pages of professional publications is especially important in view of the development of professional standards and standards of design and architectural education, as well as creation of new educational programmes based on various approaches to the subject in technical and humanitarian institutions. The goal of this article is to introduce light design into the field of fully legitimate sections of design culture, to define the authentic scientific basis of the new creative profession, to initiate a foundation for self-determination of the new synthetic area, which materially affects the state of the profession as a whole and the life standards of a wide variety of consumers. In order to reach the set goal, a comparative and analytical method of study was selected, which allows studying the problem to a large extent and from all angles and finding the ways of overcoming the challenges emerging in the area of the new activity.


Author(s):  
Evgeniya Mikhailovna Popova ◽  
Guzel Mukhtarovna Guseinova ◽  
Sergei Borisovich Milov

The deficit of subnational budgets and deceleration capital investments in multiple Russian regions increase the relevance of research aimed at improvement of tax incentivizing practice of the regional investment process. The studies focused on determination of the impact of socioeconomic and institutional factors upon the efficiency of investment tax expenses obtained wide circulation within the foreign scientific literature. The subject of this article is the assessment of sensitivity of the efficiency of regional tax expanses towards investment attractiveness of the types of economic activity carried out by the residents of territories of advanced socioeconomic development, created in the subjects of Far Easter Federal District. The scientific novelty and practical values of this research consists in substantiation of the reasonableness of assessment of investment attractiveness of the types of economic activity that are stimulated by tax incentives. Methodology for assessing investment attractiveness is proposed and tested. The conclusion is made that in case of low investment attractiveness of the type of economic activity, which was planned to support by tax incentives, it is required to conduct and additional analysis to avoid unjustified tax expanses.


2019 ◽  
pp. 129-136 ◽  
Author(s):  
E. A. Khorova ◽  
A. V. Myshlyavtsev

The subject of the study were rubber mixtures based on hydrogenated butadiene-nitrile rubbers (HNBR) Therban, Zetpol, NBR-B with an acrylonitrile (AN) content of 34% to 49% and unsaturation of 0.9% to 22% with sulfuric, peroxide and sulfuric-peroxide cure systems. The purpose of the study was to determine the effect of the AN content and the degree of unsaturation of HNBR on the properties of rubbers in products designed for operation under the influence of fuels and oils at increased temperatures.The results of the determination of the mass swelling of rubbers in hydrocarbon media and the relative elongation in the process of thermal aging in air and in oil at increased temperatures are presented. The conclusion was made on the use of HNBR mixture with maximum content of AN (49%), with low (6%) and extremely low (0.9%) ODS content and sulfuric peroxide cure system to extend the product service temperature limit to 150°C.


Author(s):  
Chakravarthi Ram-Prasad

The Introduction outlines the various chapters. It then situates the question of ‘body’ in the modern Western philosophical tradition following Descartes, and argues that this leaves subsequent responses to come under one of three options: metaphysical dualism of body and subject; any anti-dualist reductionism; or the overcoming of the divide. Describing the Phenomenology of Merleau-Ponty as a potent example of the third strategy, the Introduction then suggests his philosophy will function as foil to the ecological phenomenology developed and presented in the book. Moreover, one approach within the Western Phenomenological tradition, of treating phenomenology as a methodology for the clarification of experience (rather than the means to the determination of an ontology of the subject) is compared to the approach in this book. Since classical India, while understanding dualism, did not confront the challenge of Descartes (for better or for worse), its treatment of body follows a different trajectory.


2021 ◽  
Vol 13 (3) ◽  
pp. 1232
Author(s):  
Natalie Szeligova ◽  
Marek Teichmann ◽  
Frantisek Kuda

The subject of the work is the research on relevant factors influencing participation in the success of brownfield revitalization, especially in the territory of small municipalities. Research has so far dealt with the issue of determining disparities in the municipalities of the Czech Republic, not excluding small municipalities, but their subsequent application has usually been presented in larger cities. The focus on smaller municipalities or cities was usually addressed only in general. The introduction provides an overview of theoretical knowledge in the field of brownfield revitalization. Defining the level of knowledge of the monitored issues is an essential step for the purposes of more effective determination of disparities. Disparities will be determined on the basis of information on localities that have been successfully revitalized. The identified disparities are then monitored in the territory of small municipalities. For the purposes of processing, it was determined that a small municipality or city is an area with a maximum of 5000 inhabitants. Using appropriately selected statistical methods, an overview of disparities and their weights is determined, which significantly affect the success of revitalization. In small municipalities, the issue of brownfields is not emphasized but, in terms of maintaining community strength and reducing population turnover, the reuse of brownfields is a crucial theme.


Author(s):  
Yernar Zh Akimbayev ◽  
Zhumabek Kh Akhmetov ◽  
Murat S Kuanyshbaev ◽  
Arman T Abdykalykov ◽  
Rashid V Ibrayev

Studying the historical facts of past wars and armed conflicts and natural and man-made emergencies, today in the Republic of Kazakhstan one of the most important security issues is the preparation and organization of the evacuation of the population from possible dangerous zones, taking into account the emergence of new threats to the country’s security. The paper presents an algorithm for constructing universal scales of the distribution function of opportunities by types of support and rebuilding them into subject scales using display functions. The purpose of the paper is to determine the integral indicators characterizing the possibility of accommodation of the evacuated population and the impact on resources during relocation. On the subject scales of cities and districts of the region, indicators of the possibility of relocation of a certain amount of the evacuated population by types of support and indicators characterizing the impact on the district’s resources during resettlement of a certain amount of the evacuated population are determined. It was concluded that the use of integrated indicators allows the selection of areas to accommodate the evacuated population without the use of statistical data, in conditions of incomplete and inaccurate information. The presented method does not replace traditional methods based on classical methods of territory assessment by the level of life sustenance, but also allows their reasonable combination with the experience of specialists in this field, taking into account the incompleteness, uncertainty, and inconsistency of the initial data of the study area, which does not allow the application of existing methods.


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