scholarly journals Modern Directions of Forensic Experts Primary Training

2020 ◽  
pp. 1662-1670
Author(s):  
Oksana G. D'iakonova
Keyword(s):  
Initial Training ◽  
Legal Proceedings ◽  
Advantages And Disadvantages ◽  
Eurasian Economic Union ◽  
Foreign Countries ◽  
Effective Form ◽  
Special Knowledge ◽  
Forensic Expert ◽  
Level Of Training ◽  
And Training

No type of legal proceedings is complete without the involvement of experts for the production of expert research or specialists for consultation. In this regard, the question of determining the competence of these subjects by persons conducting the process who do not have special knowledge in the field in which the knowledgeable person specializes is very acute. The author determines the competence of the forensic expert and enumerates other requirements to the expert as a participant in the proceedings. The formation of competence is primarily influenced by the level of training, education of an expert or specialist. The main attention focuses on the disclosure of the main ways of initial training and retraining of forensic experts at the present stage: the traditional way of experts training; specialization in the specialty “Forensic examination”; master’s degree in programs of expert specialties. The existing types of training and retraining of forensic experts in Russia and some foreign countries, including the member States of the Eurasian economic Union (EEU), are analyzed. The traditional way of training of forensic experts and training under the program of specialization are revealed proceeding from historical conditionality and necessity of training of specialists for implementation of forensic activity. The positive and negative features of the training areas are highlighted, taking into account their impact on the formation of the competence of the forensic expert. The author emphasizes the need to develop existing forms of initial training of forensic experts, taking into account the advantages and disadvantages of each of them. The study concludes that it is necessary to apply the subjective criterion in order to determine the effective form of training of forensic experts

scholarly journals MEANS OF COUNTERACTING THE PROVISION OF AN INTENTIONALLY MISLEADING CONCLUSION BY AN EXPERT

2016 ◽  
Vol 15 ◽  
pp. 180-188
Author(s):  
M. V. Shepitko
Keyword(s):  
Legal Status ◽  
Criminal Liability ◽  
Legal Proceedings ◽  
Forensic Examination ◽  
Special Knowledge ◽  
Psychological Influence ◽  
Forensic Expert ◽  
The Law ◽  
Misleading Conclusion

The article deals with the problems of counteracting the provision of an intentionally misleading conclusion by an expert. It analyzes the rights, obligations and liabilities of an expert. The research focuses on the fact that a forensic expert differs from other participants to criminal legal proceedings - he/she has special knowledge. According to his/her legal status an expert is engaged in this activity on a permanent basis using the powers given by the Law of Ukraine «On forensic examination» and procedural laws. The article pays particular attention to the forms of obligations undertaken by an expert in the course of a pretrial investigation and trial - warning of criminal liability, the oath by an expert. With this regard the article specifies common and distinctive traits of the abovementioned oaths showing different purposes that the lawmaker had in mind while drafting them. It is important to point out to the conclusion that the mechanism of counteracting the provision of an intentionally misleading conclusion by an expert is a means of psychological influence. This episode may indicate a possibility of excessive intimidation of this participant of the criminal legal proceedings.

scholarly journals Administrative legal proceedings in Russia and foreign countries: a comparative legal analysis

2021 ◽  
Vol 39 (3) ◽  
pp. 80-84
Author(s):  
S. N. Keramova ◽  
Keyword(s):  
Great Britain ◽  
Dispute Resolution ◽  
Legal Analysis ◽  
High Quality ◽  
Legal Proceedings ◽  
Advantages And Disadvantages ◽  
Foreign Countries ◽  
Specialized Courts ◽  
Court Proceedings ◽  
Administrative Proceedings

The article provides a comparative legal analysis of the administrative proceedings in Russia and foreign countries: France, Germany, Great Britain, USA, Italy, Spain, Switzerland. The relevance of the topic of the article is due to the need to identify the existing shortcomings of administrative court proceedings in Russia and possible ways to eliminate them, as well as the ongoing reforms of administrative court proceedings in the country. The advantages and disadvantages of the administrative proceedings of these countries and Russia are indicated, changes in the system of bodies carrying out administrative proceedings are proposed. The result of the study is the formulation of conclusions on improving administrative legislation using the experience of foreign countries, as well as on the need to create specialized courts in Russia, which will contribute to a narrower qualification of judges, high-quality dispute resolution, as reduce the burden on courts of general jurisdiction

scholarly journals ON THE ROLE AND IMPORTANCE OF FORENSIC EXPERTOLOGY

2019 ◽  
pp. 150-157
Author(s):  
Keyword(s):  
Key Words ◽  
Forensic Science ◽  
Scientific Methods ◽  
Legal Proceedings ◽  
General Scientific ◽  
Special Knowledge ◽  
The Subject ◽  
Forensic Expert ◽  
Relationship Of ◽  
The Relationship

The suggested hypothesis of M.Ya. Sehai allows extrapolating the results of applying whole methods within the framework of each class (forensic expert substratology, forensic expert documentation, and forensic psychonomics). This does not diminish the significance of the scientific ground of the provisions of a particular type of forensic examination, but thanks to the challenging hypothesis of M. Ya. Sehai concerning the relationship of interaction and the provisions justified by him in forensic science, this will allow applying “forensic” methods (which, by and large, does not exist, since methods are general scientific) to the subject of research in other types of forensic examinations, where they have not previously been used. The subject of the study of forensic science and forensic expertology enlarges each other, at least from the perspective of using special knowledge in legal proceedings. Conclusion is the following: in forensic expertology has its own role in justice, it is a completely established theory with a hypothesis and accepted facts at present. Forensic expertology has its own subject; it integrates the scientific methods of individual forensic expert theories and has its own methodological function. Key words: forensic expertology, criminalistics, forensic science, forensic expert substratology, forensic expert documentation, forensic psychonomics, hypothesis.

scholarly journals EXPERT PLACE IN THE SYSTEM OF SUBJECTS OF FORENSIC EXPERT ACTIVITY

2019 ◽  
Vol 20 (2) ◽  
pp. 139-150
Author(s):  
O. Snigerov ◽  
A. Bublikov ◽  
E. Kurdets
Keyword(s):  
Legal Status ◽  
Point Of View ◽  
Professional Activity ◽  
Criminal Proceedings ◽  
Judicial Process ◽  
Legal Proceedings ◽  
Professional Activities ◽  
Special Knowledge ◽  
Forensic Expert ◽  
Expert Science

The article notes that one of the most important forms of using special knowledge in the judicial process is the involvement of an expert and the conduct of forensic examination. It is emphasized that the scientists have proved that from the point of view of forensic expert science as a science, forensic-expert activity acts as its object of cognition. However, beyond their attention was the characteristic of the place of an expert in the system of subjects of forensic expert activity. It is stated that forensic-expert activity can be considered as formed and relatively autonomous type of socially useful activity, which closely interacts with law-enforcement activity in general and criminal-procedural in particular in order to meet the needs of legal proceedings. It was emphasized that the development of the SED contributed to the change and further improvement of legal and procedural relations in order to improve their legal status. In this case, entities, with the exception of general ones, have their own specific tasks and, within the limits of their decision, act independently, interacting only when solving general tasks of expert activity. The article emphasizes that forensic and criminal-procedural activities are closely interconnected, sometimes intertwined and repeated, taking into account the peculiarities of the professional activity of the expert. This is due to the fact that in some cases, for example: conducting expert research, he acts as a subject of expert activity, and in case of his involvement in the criminal process, for example: appointment and conducting of examination — becomes a party to criminal proceedings. As a result of the analysis of different approaches to evaluating the properties of professional activity of the expert as a subject of expert activity, it was determined that they can be divided into general (social character, purposefulness, planning, systematic implementation) and special (legal nature, relative independence of the expert, research character, verifiability (checking) of the expert’s activity, initiative, constructiveness, correlation of individuality and collegiality, special socio-psychological atmosphere). It is also emphasized that the qualities of an expert, without which it is impossible to carry out his professional activity, include the knowledge, skills and skills acquired during his studies and professional activities. In this case, a person may perform the functions of an expert in a criminal proceeding in the presence of special and procedural conditions.

scholarly journals Normative Regulation of Expert Liability in Legal Proceedings of the EAEU Member States

2020 ◽  
Vol 15 (8) ◽  
pp. 164-173
Author(s):  
O. G. Dyakonova
Keyword(s):  
Negative Consequences ◽  
Unified Approach ◽  
High Quality ◽  
Member States ◽  
Legal Proceedings ◽  
Eurasian Economic Union ◽  
Different Types ◽  
Forensic Expert ◽  
Economic Union ◽  
Expert Study

A forensic expert, as a participant in legal proceedings, carries out important activities to assist in proving the persons conducting the proceedings, as well as to persons who have a legal interest in the outcome of the case. In order to carry out his functions, he is entrusted with a number of duties, the proper fulfillment of which, in the opinion of the legislator, contributes to the high-quality, complete and objective conduct of an expert study and giving an opinion. The expert’s responsibility is established by various codified normative legal acts of the member countries of the Eurasian Economic Union. Several types of liability are envisaged depending on the severity of the consequences of failure or improper performance by an expert of his duties: criminal, administrative, procedural. Nevertheless, the normative consolidation of the expert’s responsibility today does not allow us to speak about the logic and the validity of the established types of responsibility. Analyzing the specified types of expert’s liability, it can be concluded that in some cases the use of certain negative consequences in relation to the expert is disproportionate, there is a lack of a unified approach in different types of legal proceedings to determining the type of expert’s liability.

scholarly journals IMPROVEMENT OF PROFESSIONAL TRANING OF FORENSIC EXPERT IS IMPORTANT FACTOR FOR DEVELOPMENT OF EXPERT DIDACTIC

2018 ◽  
Vol 18 ◽  
pp. 203-214
Author(s):  
N. M. Tkachenko
Keyword(s):  
Professional Training ◽  
Professional Activity ◽  
Communicative Skills ◽  
Legal Proceedings ◽  
Important Means ◽  
Special Knowledge ◽  
Forensic Expert ◽  
High Level ◽  
Specialized Institution ◽  
Expert Support

The article considers improving issues of professional training of forensic expert. Training of forensic expert personnel is one of most important means of providing expert support of justice in the state, since only a high level specialist is able to provide an objective conclusion based on use special knowledge in any kind of legal proceedings. That is why the creation of an effective model of the communicative activity of a forensic expert plays an important role in the training of forensic expert personnel. Some issues of expert staff training in Ukraine and abroad are considered. Obligatory element of the training of subjects of forensic expert activity is the allocation of requirements for their professional speech activity. After all, the level of development of communicative skills and habits directly affects the level of communative competence, in general determines efficiency of work of each individual employee, as well as of the whole system as a whole. Professiography of forensic expert activity subjects is of particular relevance. Professiography is a definite set or system of skills and habits, psychological qualities necessary for the successful performance of professional activity. Author proposes a professiography model of subjects of forensic expert activity, which is an exemplary scheme of a forensic expert professiography. This scheme should include the following components: content of work; professionally important qualities; knowledge, skills, abilities; working conditions; medical contraindications; circumstances preventing a person from performing a forensic expert duties; requirements for professional training; related professions; the range of posts; possibility for performing labor activity by an expert independently or as a legal entity that is not owned a state specialized institution; demand for a profession in the labor market. Author reveals features of indicated components professiogram.

THE APPLICATION OF WELLBEING RESEARCH TO REGIONAL LEVEL IN LITHUANIA

2015 ◽  
Author(s):  
Gintarė VAZNONIENĖ ◽  
Bernardas VAZNONIS
Keyword(s):  
Social Sciences ◽  
Regional Development ◽  
Good Practice ◽  
Research Problem ◽  
Regional Level ◽  
Advantages And Disadvantages ◽  
Foreign Countries ◽  
Analysis And Synthesis ◽  
Key Factor ◽  
Development Context

In this article the significance of wellbeing research in the regional level in Lithuania has been analyzed, the advantages and disadvantages of the objective and subjective wellbeing research have been evaluated. The results of the analysis of wellbeing research reveal that the wellbeing research in the regional level is poorly amplified, the wellbeing research in the social sciences is not marked, the wellbeing is investigated in other fields not in social sciences or according to the aims of the researher and more often causes and outcomes of social economical inequality for regional development are emphasized. Scientific studies show that wellbeing research can have big influence for shaping the future of regions because it concerns local people, their choices and overall wellbeing of a particular region. Findings from foreign countries good practice disclose that wellbeing is currently widely used as a key factor and trend for the development policy evaluation. Accordingly in this article big attention is drawn to wellbeing research possible effect for policymakers. It can be concluded that wellbeing research should become an important discussion object in the regional development context because it reveals the situation about people overall wellbeing and particular life domains. The main aim of this article is to analyse the importance of wellbeing research to regional level in Lithuania. The research problem of this article is the fact that the poor experience of wellbeing research in Lithuania insufficiently reveals the wellbeing expression and use in the regional level. In the research common research methods like analysis and synthesis of the scientific literature, analysis of documents and comparative analysis have been employed.

scholarly journals Obuka neplivača

2016 ◽  
Vol 26 (1) ◽  
pp. 41-46
Author(s):  
Miroslav Udicki ◽  
Sandra Vujkov
Keyword(s):  
Specific Situation ◽  
Initial Training ◽  
Advantages And Disadvantages ◽  
Method Selection ◽  
Methodological Procedures

The aim of this paper is to provide an introduction to the theory of courses for nonswimmers, as well as to provide practical guidances for performing it. For the purpose of this paper, we have explored different methods of training with non-swimmers and pointed out the advantages and disadvantages of each of them. We have also taken into consideration and explained in details the means for mastering the basic elements as part of the initial training of non-swimmers. The choice of working methods in the training with non-swimmers is very demanding task. The conclusion is that multiple problem of training with non-swimmers requires the use of different methods and methodological procedures. The person responsible for method selection is definitely swimming instructor. Proper methods selection in a specific situation will depend on many factors such as the place of training, characteristics of non-swimmers, characteristics of teaching groups, previous studies and so on.

scholarly journals L’hypermédia Au Service De La Formation Initiale D’enseignants-Stagiaires (Cas Du CRMEF-FESMEKNES)

2017 ◽  
Vol 13 (16) ◽  
pp. 113
Author(s):  
Youssef Nafidi ◽  
Anouar Alami ◽  
Moncef Zaki ◽  
Hanane Afkar ◽  
Mohammed Elazami Elhassani
Keyword(s):  
New Technologies ◽  
Initial Training ◽  
Formation Initiale ◽  
Trainee Teachers ◽  
Digital Resource ◽  
The Earth ◽  
Information And Communication ◽  
Promising Solution ◽  
The Many ◽  
And Training

In light of empirical experience from Morocco, combined with new possibilities afforded by Information and Communication Technology (ICT), there is a wish to integrate new technologies into distance education to help solve a set of problems identified in the initial training at the Regional Centre for the Professions of Education and Training of Fez-Meknes. The results of a study conducted among 15 trainee teachers of the Earth and Life Sciences allow us to conclude that designing a hypermedia tool for learning could constitute a promising solution to address the many challenges linked to the initial training of teachers in Morocco. Finally, the use of this digital resource by trainee teachers’ has also strongly contributed to their eagerness to integrate ICT in their subsequent teaching practices.

scholarly journals ABOUT FORENSIC EXPERT PARTICIPATION IN CASES OF ADMINISTRATIVE OFFENSES

2018 ◽  
Vol 18 ◽  
pp. 194-202
Author(s):  
O. P. Uhrovetskyi ◽  
O. O. Sviderskyi
Keyword(s):  
Legal Status ◽  
Actual Data ◽  
Forensic Research ◽  
Forensic Examination ◽  
Special Knowledge ◽  
Forensic Expert ◽  
Research Decision ◽  
Structure Complexity ◽  
Administrative Proceedings ◽  
Procedural Rights

The authors allocate in administrative proceedings in cases of administrative offenses among other participants to a forensic expert who takes a special place in this process and give a description of legal status of forensic expert in cases on administrative offenses taking into account the peculiarities of expert involving stage in administrative proceedings. The authors emphasize that at various stages of administrative proceedings a forensic expert performs one function: performing examination. At the central stage of administrative proceedings, namely consideration of the case on an administrative offense and adoption of the resolution therein by authorized authority to consider an administrative offense. If there is a need to use of special knowledge, forensic examination is assigned and opportunity is provided to expert to exercise procedural rights and obligations and submit examination conclusion as a result of expert research. Decision on forensic examination assignment in cases of administrative offenses in the jurisdiction is usually performed in resolutions of the authorized authority (official) that is in charge of proceedings administrative offense. Expert conclusion is an independent means of proof in administrative proceedings. Structure complexity of expert conclusion as a procedural document lies in the fact that it derives from the structure of a special forensic research, since it reflects its features. Expert conclusion is subject to investigation and verification by the court and actual data contained therein are judged by general rules, since they are actual data about certain circumstances of objective reality. It is concluded that participation of expert in proceedings on administrative offenses at the present stage is as fully possible realized at the second central stage of proceedings in consideration of case on administrative offense.

Sign in / Sign up

Export Citation Format

Share Document