scholarly journals Problems of Conducting Open Operative Search Activities Aimed at Detecting and Solving Crimes of Counterfeiting

2021 ◽  
pp. 95-103
Author(s):  
Tatyana Orlova
Keyword(s):  
Forensic Science ◽  
Legal Theory ◽  
Science And Technology ◽  
Forensic Analysis ◽  
Criminal Court ◽  
Complex Nature ◽  
Independent Research ◽  
Special Person ◽  
Special Knowledge ◽  
Points Of View

The authors examine the establishment of expertology as an independent complex discipline connected with other branches of legal theory. They conclude that an expert occupies a universal position regardless of the type of court procedure, and that the foundations of forensic analysis are of a complex nature. They also study the connection between expertology, criminal court procedure and other types of procedures, forensic science, psychology and substantive branches of law. It is concluded that the theoretical bases of these disciplines could be enriched by the achievements of forensic work, the development of science and technology. The authors draw parallels between research approaches, different established points of view and practical achievements regarding the issue under consideration. Expertology is presented as an independent research branch (discipline), which justifies the need for a special person who uses special knowledge and is given a procedural status under the current Russian legislation. The problem of the unification of corresponding rights, duties and liabilities in various types of legal activities is described.

scholarly journals The Establishment of Expertology as an Independent Complex Discipline. The Connections between Expertology and Court Procedure, Forensic Science and the Norms of the Substantive Law

2021 ◽  
pp. 89-96
Author(s):  
Svetlana Lukoshkina ◽  
Lyubov Ivanova
Keyword(s):  
Forensic Science ◽  
Legal Theory ◽  
Forensic Analysis ◽  
Criminal Court ◽  
Complex Nature ◽  
Independent Research ◽  
Special Person ◽  
Special Knowledge ◽  
Points Of View ◽  
Substantive Law

The authors examine the establishment of expertology as an independent complex discipline connected with other branches of legal theory. They conclude that an expert occupies a universal position regardless of the type of court procedure, and that the foundations of forensic analysis are of a complex nature. They also study the connection between expertology, criminal court procedure and other types of procedures, forensic science, psychology and substantive branches of law. It is concluded that the theoretical bases of these disciplines could be enriched by the achievements of forensic work, the development of science and technology. The authors draw parallels between research approaches, different established points of view and practical achievements regarding the issue under consideration. Expertology is presented as an independent research branch (discipline), which justifies the need for a special person who uses special knowledge and is given a procedural status under the current Russian legislation. The problem of the unification of corresponding rights, duties and liabilities in various types of legal activities is described.

The role of forensic science and forensic examination in international cooperation in the investigation of crimes

2021 ◽  
Vol 28 (1) ◽  
pp. 179-186
Author(s):  
Valery Yu. Shepitko ◽  
Mykhaylo V. Shepitko
Keyword(s):  
Forensic Science ◽  
International Cooperation ◽  
International Criminal ◽  
Expert Witness ◽  
International Crime ◽  
National Level ◽  
Criminal Court ◽  
Theory And Practice ◽  
International Level

The application of forensic science and expertise is a necessary prerequisite for the investigation of crimes at the local and national level. Without the use of forensic science and expertise, an investigation within the framework of a criminal process becomes dead and unsubstantiated. But with the globalisation of world processes, the development of technologies, the speed of information transmission, the formation of crime outside the borders of one state and its entry into the international level has become an urgent problem, which has become a challenge in countering such crime and the need to steer forensic science and expertise towards assisting law enforcement activities. A special feature of countering the investigation of crimes was the creation of international cooperation between forensic specialists and expert witnesses even prior to the establishment of practical institutions that could counteract them in practice. Therewith, some representatives of such international unions and associations have taken serious steps in creating mechanisms for real counteraction to crimes at the international level (R.A. Reiss, G. Soderman, M.Sh. Bassiuni). Coverage of the problem of international cooperation in the investigation of crimes through the definition of the role of forensic science and expertise allowed focusing on the following blocks: 1) international associations of forensic specialists for combating crime in the historical context; 2) international criminal police organisations in combating crime; 3) international cooperation in the field of conducting forensic examinations; 4) the use of forensic and special knowledge in the activities of the International Criminal Court. Thus, a combination of theory and practice in the fight against crime is demonstrated. Historically, this is associated with the role of forensic science and expertise in recording traces of crimes, analysing them, and forming legal, forensic, and expert witness opinions. The purpose of the study is to establish the decisive role of forensic science and expertise in international cooperation in the investigation of crimes. For this, the authors turned to forensic science and expertise, historical processes that served to create substantial international organisations created to counter international crime

scholarly journals On Understanding the Administrative Law Subject

2020 ◽  
Vol 12 ◽  
pp. 18-20
Author(s):  
Olga N. Ordina ◽  
Keyword(s):  
Public Administration ◽  
Legal Theory ◽  
Administrative Law ◽  
Executive Power ◽  
Legal Science ◽  
Different Types ◽  
Common Concept ◽  
The Subject ◽  
Points Of View ◽  
Definition Of

In the administrative and legal science there is a refinement, change and expansion of the subject of the dynamic branch of administrative law, aimed at eliminating the resulting lag of legal theory from the legal reality. In our view, of the three basic categories that characterize the subject of administrative law, “public administration”, “executive power” and “administrativepublic activity”, the main generalization category is the category “administrative and public activities”. The phenomenon of the subject of administrative law refracts the problems and discussions inherent in the industry as a whole. In view of the existence of different points of view on the subject of administrative law, the legal science has not yet formulated a single definition of it. There is a tendency to overcome the conflict between different types of understanding, to bring together the positions of different concepts of understanding of administrative law in order to form a “universal” concept of it, to develop its common concept.

scholarly journals THEORY OF FORENSIC EXPERTOLOGY IN THE SYSTEM OF LAW

2019 ◽  
pp. 48-57
Author(s):  
Nina Klymenko
Keyword(s):  
General Theory ◽  
Forensic Science ◽  
Prevention Measures ◽  
Forensic Expertise ◽  
Science Theory ◽  
Special General ◽  
Depth Study ◽  
Special Knowledge ◽  
Expert Science ◽  
Relationship Of

The article deals with the concept of a general theory of forensic expertology, the conditions for its creation, the place of forensic expert science in the system of legal sciences, the limits of its subject matter, the issues of interaction and the relationship of the science of forensic science and forensic expertology. The system and structure of the general theory of forensic expertology and its tasks are given. Separate articles of the Criminal Procedure, Civil Procedure, Administrative, Economic, Customs and Other Codes of Ukraine, the Law of Ukraine “On Forensic Expertise” of 1994 and the constitutional confirmation (article 92, paragraph 14 of the Constitution of Ukraine) of the legislative provision of forensic expertise are the further legal basis development of legal, organizational and managerial directions of forensic expertology. Forensic expertology does not only preserves the “birthmarks” of forensic science, but also, in turn, influences the dialectics of the development of the subject of forensic science and the content of its scientific fields (forensic techniques, forensic tactics and forensic methos). In particular, it requires clarifying the well-established view of the unity of forensic techniques for the investigator and expert. The first is made to collect “trace information”, the second is used for its in-depth study based on special knowledge in order to turn it into evidence-based information. Different goals are provided with different means of content. It is more accurate to raise the question of interaction, the “docking” of two, although closely related, but independent branches of scientific and technical means serving justice. The tasks of the general theory of forensic expertise (expert studies) are similar to the tasks of forensic science. They can be divided into general and special. General task is the creation of a scientific base for the purpose of the functioning and development of the industry of the use of special knowledge in examinations for the needs of legal proceedings, assistance in the fight against crime and other offenses, resolution of civil law disputes. Special task is the study of the laws of formation and development of specific types of forensic expertises, the expansion of their capabilities; development and improvement of expert technologies, tools, methods and techniques; the formation of the scientific foundations of new types of forensic expertises in connection with the emergence of new objects (computer, art history, etc.); developing expert crime prevention measures; development of an automated workplace software (AWS) for an expert of various types of research, study and implementation of advanced expert experience; forecasting expert practice processes and research tasks. Specific tasks are the up-to-date tasks that the practice puts before so the science of expert science to meet the needs that have arisen. Key words: forensic expertology, forensic expertise, legal science, theory.

scholarly journals Formalization of Methods in Criminalistics

2019 ◽  
Vol 75 (4) ◽  
pp. 86-90
Author(s):  
L. P. Grynko
Keyword(s):  
Forensic Science ◽  
Theory And Practice ◽  
Independent Research ◽  
Theoretical Level ◽  
Mathematical Methods ◽  
Material Models ◽  
Theoretical Methods ◽  
Judicial Practice ◽  
Sign System ◽  
Practical Recommendations

Scientific works on formalization of methods in criminalistics have been analyzed in the article. Despite the importance and relevance of these issues, it has been established that there is a number of unresolved issues in the theory of forensic science, as well as in investigative and judicial practice regarding the possibilities of formalizing methods and their implementation, which require separate independent research and in-depth reflection. Accordingly, the purpose of this article is to clarify the methods used to detect and investigate crimes and the possibilities of their formalization in criminalistics. Formalization methods in criminalistics have been considered. It has been found out that the most successful is their division into formalization of theoretical methods and formalization of practical methods. Methods of theoretical level have been researched. It has been emphasized that the use of mathematical methods contributes to the development of the most accurate practical recommendations, which allow to approach many issues of the theory and practice of forensic science from new positions. The author has considered the modeling method and has argued that it creates the preconditions for the use of formalization, since acting as prototypes, plans, hypothetical constructions of all kinds, this process is presented to investigators as a complex of interrelated transformations in the form of description. The development and use of forensic material models in the management of an investigative situation allows investigators to use, by analogy, forensic algorithms and investigative programs. Thus, the formalization is carried out in the form of the transition of content into a sign system. It is designed to address the tasks faced by investigators and directly related to the investigative situation existing at the time of the investigation. It has been found out that the formalization of forensic knowledge methods allows the use of such knowledge in the process of solving problems and making decisions by means of signs and symbols, which may increase the capacity of investigators to solve problems at all stages of crime investigation in different conditions of uncertainty.

A Model Science-Based Learning STEM Program

2019 ◽  
Author(s):  
Benjamin Cieslinski ◽  
Mohamed Gharib ◽  
Brady Creel ◽  
Tala Katbeh
Keyword(s):  
Forensic Science ◽  
Real Life ◽  
Thinking Skills ◽  
Forensic Analysis ◽  
Critical Thinking Skills ◽  
Infrared Analysis ◽  
Science And Engineering ◽  
Engineering And Technology ◽  
History Of ◽  
Materials Used

Abstract In this paper, a model STEM program called Engineering Heroes: Qatar Special Investigators (QSI), aimed to familiarize young students with science and engineering in real life applications, is presented. The program theme is about forensic science and technology, which included science and engineering activities with hands-on projects to challenge students’ science and critical thinking skills. Throughout the program, students learned about forensic science as an application of science, engineering and technology to collect, preserve, and analyze evidence to be used in the course of a legal investigation. Participants learned the history of forensic analysis and how it evolved into today’s specialized career field. Forensic specialists include backgrounds in chemistry, physics, biology, toxicology, chemical and electrical engineering. Topics included in the program were a study of toxicology and chemical analysis, assays to determine drug contents, fingerprint development, environmental contamination, chromatography in forgery, presumptive vs. confirmatory testing, scanning electron microscopy, infrared analysis, and evidence handling techniques. The details of the program are presented, including the contents, preparation, materials used, case studies, and final crime scene investigation, which featured the learning outcomes.

scholarly journals Intellectual Property Rights: Institutional Approach

Upravlenie ◽  
2016 ◽  
Vol 4 (1) ◽  
pp. 74-78
Author(s):  
Рогожин ◽  
S. Rogozhin ◽  
Сазанова ◽  
S. Sazanova
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Institutional Economics ◽  
Legal Theory ◽  
Point Of View ◽  
Institutional Approach ◽  
Points Of View

The authors consider the intellectual property rights from two points of view: legal theory and institutional economical theory. Contents of “intellectual property” and “intellectual rights” concepts have been revealed in this paper, and the necessity of their study has been justified not only from the legal point of view, but also from the economic one. The authors emphasize that the institutional economics in general and the economic theory of property rights, in particular, have a great potential in the study both of theoretical and practical aspects related to intellectual rights. According to the authors, it is the institutional approach which will create an effective legislation in this area.

scholarly journals Forensic Science Service closure jeopardizes justice

2011 ◽  
Vol 33 (6) ◽  
pp. 64-65
Author(s):  
James Lush
Keyword(s):  
Decision Making ◽  
Forensic Science ◽  
Science And Technology ◽  
Committee Report ◽  
House Of Commons ◽  
The Government ◽  
Science Service ◽  
Service Closure

“The Government did not consider enough evidence in its decision-making… Examining the possible impacts of a decision after the decision has been made contradicts the concept of evidence informing policy.” House of Commons Science and Technology Committee report into the closure of the Forensic Science Service.

scholarly journals International Trends in the Field of Forensic Science Standardization, Forensic Science Standardization in Europe, Experience of Bosnia and Herzegovina

2018 ◽  
Vol 13 (3) ◽  
pp. 116-122 ◽  
Author(s):  
L. Trišić
Keyword(s):  
Forensic Science ◽  
Bosnia And Herzegovina ◽  
Forensic Analysis ◽  
International Exchange ◽  
Forensic Sciences ◽  
International Trends ◽  
Special Review ◽  
Activity Standardization ◽  
Crime Detection ◽  
Court Proceedings

The subject of this work is to present forensic science standardization trends in the world and in Europe with special review of the application of ISO/IEC 17025:2005 standard, which is a condition for forensic laboratory accreditation. Through the analysis of needs and constant efforts to make the forensic area simpler for cooperation and more practical for use, as well as to improve the quality of forensic analysis results and their acceptance beyond the borders of a country, the author will try to point out the significance of implementing this international standard, in terms of economics and cost-effectiveness, as well as overall rationality. Accepting and exchanging the best professional and scientific experiences, professional help and cooperation in the form of international exchange of forensic data bases, and unreserved acceptance of valid forensic laboratory results ensure the quality the forensic science and profession are striving for, as shown in the EU document titled “Creating a common European space for the forensic sciences 2020”. We believe that forensic activity standardization in Bosnia and Herzegovina will help in fighting terrorism and organized crime more effectively. In other words, the process of forensic analysis will be more valid and practical, forensic laboratories more competent, and court proceedings more effective through norming the forensic handling of evidence. Thus an important obligation of Bosnia and Herzegovina on its way to European integration will be fulfilled, because once a forensic laboratory receives an affirmation for its results, it becomes a benchmark for forensic analyses and crime detection.

scholarly journals Application of Specialized Linguistic Knowledge in Legal Proceedings: Differentiation and Integration

2021 ◽  
Vol 16 (3) ◽  
pp. 17-25
Author(s):  
Vitaly O. Kuznetsov
Keyword(s):  
Intellectual Property ◽  
Forensic Science ◽  
Forensic Analysis ◽  
Linguistic Knowledge ◽  
Quality Level ◽  
Sound Recordings ◽  
Legal Proceedings ◽  
Forensic Research ◽  
Complex Problems

The article addresses the influence of multidirectional processes of differentiation and integration of specialized linguistic knowledge on the development of forensic science and the practice of expert research, where it is used. The author highlights that both processes contribute to developing theoretical and methodological provisions that allow experts to solve new and complex problems at a higher quality level. The role of differentiation of specialized linguistic knowledge is to create new kinds and types of forensic examinations: author’s, linguistic, forensic analysis of video and sound recordings, forensic research of intellectual property objects. At the same time, the integration of specialized linguistic knowledge ensures the development of the whole scientific direction.

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