scholarly journals Problems of Appointment and Production of Forensic Computer-Technical Expertise

2020 ◽  
Vol 17 (4) ◽  
pp. 523-533
Author(s):  
A. R. Sysenko ◽  
I. S. Smirnova ◽  
S. E. Timoshenko
Keyword(s):  
Professional Competence ◽  
The Internet ◽  
Digital Information ◽  
Technical Expertise ◽  
Criminal Proceedings ◽  
Distinctive Features ◽  
Information And Computer Technology ◽  
Special Knowledge ◽  
Software Information ◽  
Definition Of

Due to the specifics of crimes committed on the Internet and the need to involve competent persons with special knowledge in the field of information and computing technologies and information and computer technology in criminal proceedings, the appointment of computer and technical expertise is relevant in the investigation of most online crimes. Electronic (digital) information that is the subject of criminal encroachment or a means of committing a socially dangerous act on the Internet can be correctly collected, examined and examined only by specialists or with their assistance.In scientific research on computer-technical expertise, the definition of its concept is not formulated, the distinctive features of this type of expertise are analyzed exclusively through the description of specific objects of such expertise. The article proves that the name "computer-technical expertise" is the most optimal term that semantically combines the study of both the device itself, that is, hardware, and its components, as well as system software, information data that includes various types of text and graphic documents.The problems of performing forensic computer-technical examinations are based on objective and subjective reasons. Problems that do not depend on the expert's professional competence (objective) appear even before the start of production of the type of expertise under consideration. For example, failure to comply with the requirements of the criminal procedure form when collecting electronic documents or computer equipment during investigative actions prevents the expert from preparing a reliable, respectively, and acceptable conclusion. It is also important to take into account the continuous improvement of software and hardware used in criminal activities, which inevitably causes the need to modify and optimize the methods of conducting examinations.The article defines the concept, principles of forensic computer-technical expertise, its types, objects of research and opportunities in the investigation and detection of crimes. Almost any handling of computer information requires the use of special knowledge. Therefore, the authors emphasize the possibilities of forensic computer- technical expertise in solving diagnostic and identification problems, analyze the problems of assigning and producing computer-technical expertise.

scholarly journals Evaluation of forensic computer and technical expertise in criminal proceedings

2021 ◽  
Vol 10 (38) ◽  
pp. 204-211
Author(s):  
Mykhailo Klymchuk ◽  
Sergii Marko ◽  
Yevhen Priakhin ◽  
Bohdana Stetsyk ◽  
Andrii Khytra
Keyword(s):  
System Analysis ◽  
Evidence Base ◽  
Technical Expertise ◽  
Criminal Proceedings ◽  
Expert Report ◽  
Modeling And Forecasting ◽  
Special Knowledge ◽  
The Subject ◽  
Definition Of ◽  
Structural Methods

The purpose of the article is to clarify the place and role of the expert report based on the results of forensic computer and technical expertise as a source of evidence in criminal proceedings. The subject of the study: The subject of research is forensic computer and technical expertise as a source of evidence in criminal proceedings. Methodology: The method of system analysis, formal and logical, system and structural methods, the methods of modeling and forecasting were used in the course of the research were used in the course of the study. The results of the study: According to the results of the study, the authors conclude that forensic computer and technical expertise is the main procedural form of using special knowledge in the area of computer technology, and its results may be the most important part of the evidence base in the specific criminal proceedings. Practical consequences: It is concluded that the use of the expert report based on the results of forensic computer and technical expertise in criminal proceedings is its application by the subjects of evidence during the qualification of criminal offense to establish facts and circumstances relevant to criminal proceedings and subject to proof, as well as to resolve other tactical tasks. Value / originality: The authors’ definition of assessing expert report based on the results of forensic computer and technical expertise is offered.

scholarly journals Digital Information Platforms as an Object of Normative Legal Regulation in the Sphere of Criminal Proceedings

2019 ◽  
Vol 13 (6) ◽  
pp. 873-883 ◽  
Author(s):  
Viсtor Grigoryev ◽  
Alexander Sukhodolov ◽  
Sergey Ovanesyan ◽  
Marina Spasennikova ◽  
Vladislav Tyunkov
Keyword(s):  
Large Scale ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Court ◽  
Digital Information ◽  
Criminal Proceedings ◽  
Digital Platforms ◽  
Road Map ◽  
Court Proceedings ◽  
Definition Of

While noting the general trend for the regulation of digital relations in the sphere of criminal court proceedings, the authors draw attention to the absence of a common approach to this work, or of a universal understanding of criminal procedure norms regarding digital relations, as well as to the drawbacks in preparing new norms that regulate digital relations. Problems connected with the regulation of electronic processes are not specific for Russia only. Laws of some countries do not recognize evidence obtained electronically, and view it as secondary. The results of implementing the road map of digital economy and the approaches to the definition and typification of digital platforms are the basis for laying the foundations of the criminal proceedings’ digitization in Russia. Large-scale growth of innovations for the platforms and an increasing complexity of their architecture enable the solution of a new research task — the spread of digital platforms to various sectors, in this case, to the sphere of criminal proceedings. The authors use the definition of a digital platform approved by the Russian Governmental Commission on Digital Development to formulate their own definition of a digital information platform as an object of normative legal regulation in the sphere of criminal proceedings and prove that it should belong to sectoral digital platforms. The value of the transition to the normative legal regulation of digital information systems in the sphere of court proceedings lies in the reduction of costs and the elimination of the subjective factor by using a package of digital technologies of data processing and changing the system of the division of labor while reaching the purpose of criminal justice. The authors also stress the inappropriateness of simplification and primitivism, when a criminal procedure system is mechanically viewed as a system of distributed registers (blockchain), or when digitization is used as an excuse for suggesting the abolishment of investigative departments as parasites in the digital reality where crime investigation and solution become a job for ordinary internet users.

THE SUBJECT AND TASKS OF FORENSIC AUTOTECHNICAL EXAMINATION

2017 ◽  
Vol 17 ◽  
pp. 198-204
Author(s):  
A. V. Lubentsov
Keyword(s):  
Traffic Safety ◽  
Practical Aspect ◽  
Criminal Proceedings ◽  
Important Place ◽  
Forensic Examination ◽  
Special Knowledge ◽  
The Subject ◽  
Mutual Relations ◽  
Definition Of ◽  
The Given

Problems of appointing and conducting forensic examination and using their results in the process of criminal offences investigation occupy an important place in the criminal proceedings and expert activities. A separate category among all these problems is perfection of theoretical basis offorensic examination, namely the definition of a subject and tasks offorensic examination in general and its separate types in particular. One of these is the forensic autotechnical examination, as one of the main expertise scheduled when investigating crimes against traffic safety and transport operation. In the practical aspect in the subject of forensic examination we distinguish procedural and gnoseological sides. The procedural side ofa subject of forensic examination is expressed in a circle of circumstances, which are established by means of special knowledge and are the elements of proofs system. The gnoseological side of a subject of forensic examination is expressed in that the object of cognition at practical expert research are properties of expertise object, its sides and mutual relations which are defined during the given research. On the basis of scientific literature and normative-legal acts analysis the subject and tasks of forensic examination are investigated. A subject and tasks of forensic autotechnical expertise are defined. It’s noticed that in the practical aspect the subject of a forensic examination is considered in wide and narrow senses, as a kind (type) subject of autotechnical examination in general, and a subject of a concrete autotechnical examination in concrete criminal proceedings. It’s specified that depending on it the autotechnical examination tasks are divided on general and concrete. It’s proved that the subject and tasks of a concrete autotechnical examination may coincide on volume with the general or to be them yet however they should not be beyond the general.

scholarly journals INTEGRATED CHARACTER OF FORENSIC-EXPERT INVESTIGATIONS IN THE MILITARY SPHERE

2017 ◽  
Vol 17 ◽  
pp. 391-400
Author(s):  
V T. Chuprun
Keyword(s):  
Research Work ◽  
Armed Conflicts ◽  
Criminal Proceedings ◽  
Forensic Research ◽  
Special Knowledge ◽  
The Subject ◽  
Forensic Expert ◽  
Definition Of ◽  
The Military ◽  
First Time

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.

scholarly journals CERTAIN PROBLEMATIC ISSUES OF DEFINING THE CONTENT OF SPECIAL KNOWLEDGE IN CRIMINAL LEGAL PROCEEDINGS

2016 ◽  
Vol 15 ◽  
pp. 171-180
Author(s):  
V. A. Fastovets
Keyword(s):  
Human Activity ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Legal Proceedings ◽  
Procedure Code ◽  
Criminal Procedure Law ◽  
Special Knowledge ◽  
Definition Of ◽  
The Given ◽  
Made In

The article deals with the issue of defining the meaning of terms used in the Criminal Procedure Code of Ukraine, namely the notion of «special knowledge». It analyzes the definitions of this notion that were made in different periods of time by both national and foreign researchers based on the criteria of the significant features that are distinguished by these researchers in their definitions of the given term. By consequently highlighting faults in these definitions the article distinguishes those features that are the most accurate to reflect the essence of special knowledge in the criminal legal proceedings. Based on the obtained findings the article offers its own definition of this notion: special knowledge in criminal proceedings includes knowledge, skills and competences in any sphere of human activity that the investigator or the judge may not have at all or have to an insufficient extent, the use of this knowledge is at the discretion of the latter or directly regulated in the criminal procedure law, in order to establish the circumstances to be proved or to establish other circumstances relevant to the criminal proceedings.

scholarly journals The Internet-aphorisms as simulacrum and a precedent genre

2020 ◽  
pp. 109-117
Author(s):  
O. M. Mashkina
Keyword(s):  
The Internet ◽  
Linguistic Context ◽  
Value System ◽  
Virtual Communication ◽  
Distinctive Features ◽  
Modern Media ◽  
Philosophical System ◽  
Definition Of ◽  
The Individual ◽  
Individual Value

Internet aphorisms are considered as unique phenomena of virtual communication. The definition of the Internet aphorism, which is understood as a kind of small-format text that is characteristic of modern media. It is focused on the distinction between aphorisms and online aphorisms. It is specified that the distinctive features of the Internet aphorism are due to their interrelation with the cultural and value spheres of a man, and, as a consequence, its national marking, speed and quantity of its appearance, which indicates both the temporary nature of this genre form and the dynamic of its life cycle.It is commented on the question of the authorship of these entities, which is in opposition to author specified – author unknown. It has been found that aphorism on the Internet is created without a linguistic context, but always functions as part of cultural, social and individual contexts. Internet aphorism, which is created, perceived and widespread by people, reflects their views and mentality, and can be regarded as an expression of that part of the philosophical system that is always bound to the individual value system of man. The Internet aphorism is a polycodic or creolised text that distinguishes it significantly from the aphorism genre. It is also suggested to consider the Internet aphorism as a simulacrum and a precedent genre. Internet aphorism as a precedent genre correlates with an aphorism in form, but its content lacks intellectual depth. At the same time, it is a simulacrum because it is built on the asymmetry between the expression plane and the content plane. In addition, the Internet aphorisms are differentiated according to its gender specificity.As a conclusion, it is stated that the Internet aphorisms are a new independent phenomenon of virtual communication with their unique characteristics and inter-genre specificity of simulacrum and precedent text.

scholarly journals Features of the investigation of genocide

2020 ◽  
pp. 398-401
Author(s):  
Mykola Gerasymenko
Keyword(s):  
International Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Proceedings ◽  
Knowledge And Skills ◽  
Long Time ◽  
Special Knowledge ◽  
Definition Of ◽  
Crimean Tatar ◽  
Investigation Process

The article is devoted to the consideration of such a resonant crime as genocide. The purpose of the article is to form an idea ofgenocide as a crime, its investigation on the basis of analyzed regulations and investigations of this category of crimes.Particular attention is paid to the definition of the term “genocide” in accordance with national and international law (the definitionof the term is considered in the Criminal Code of Ukraine and the Convention on the Prevention and Punishment of the Crime of Genocide).The procedure of recognizing acts as genocide (the Holodomor of 1932–1933 in Ukraine; deportation of Crimean Tatars fromCrimea in 1944 as genocide of the Crimean Tatar people) and coverage of such events by the international community is studied.The process of genocide investigation is considered, taking into account the term of the crime, the number of victims and thedamage caused.One of the most resonant crimes provided by the Law of Ukraine on Criminal Liability is genocide. The scale of this illegal acthas aroused civil society for a long time, but only now, in the territory of independent Ukraine, it is possible to identify those responsiblefor the genocide and bring them to justice. It is impossible to ignore the fact that the investigation of genocide and the prosecution ofthose responsible for its commission is an extremely relevant process that requires special knowledge and skills in conducting an investigation.Officials who gather evidence in criminal proceedings, find persons involved in the crime and carry out other actions aimedat establishing the truth in the case, bear a huge burden of responsibility in the form of evidence.The investigation process consists of a set of necessary investigative (search) actions and must meet the requirements for theirconduct. It is necessary to involve in the investigation trained officers who have knowledge in this area and can clearly formulate a planof investigative (search) actions, and move in this direction.

Features of the Use of Computer-Technical Expertise in Order to Provide an Evidence Base in Criminal Proceedings

2021 ◽  
pp. 71-76
Author(s):  
O. D. Ratnikova ◽  
V. V. Kharin ◽  
O. S. Matorina
Keyword(s):  
Information Technologies ◽  
Evidence Base ◽  
Innocent Person ◽  
Technical Expertise ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Expert Opinions ◽  
Judicial Practice ◽  
Special Knowledge ◽  
Modern Information

The process of investigating crimes committed with the use of modern information technologies is inherently connected with the need to attract specialists from expert organizations with special knowledge and qualifications. In order to form an evidence base in the criminal proceedings of the area under consideration and a comprehensive review of cases, the conclusion of a specialist conducting computer-technical expertise is significant. The scientifically based conclusions of the expert opinion allow us to fully restore the logical chain of circumstances and establish the mechanism of committing a crime, as well as to prove the fact of committing a criminal act, or to justify an innocent person in committing a crime. The relevance of the topic of the article is due to the growth of crimes with the use of modern information technologies. Based on the results of the theoretical analysis and study of judicial practice in criminal cases related to the use of information technologies, the authors consider the features of the investigation of cases and the significance of the results of expert opinions in sentencing. The features of the use of computer-technical expertise in order to provide an evidence base in criminal proceedings are determined.

Therapist Expertise in Psychotherapy Revisited

2017 ◽  
Vol 45 (1) ◽  
pp. 7-53 ◽  
Author(s):  
Clara E. Hill ◽  
Sharon B. Spiegel ◽  
Mary Ann Hoffman ◽  
Dennis M. Kivlighan ◽  
Charles J. Gelso
Keyword(s):  
Cognitive Processing ◽  
Professional Competence ◽  
Personal Therapy ◽  
Technical Expertise ◽  
Client Outcomes ◽  
Self Assessment ◽  
Conducting Research ◽  
Definition Of ◽  
Relational Qualities

The thesis of this article is that the lack of evidence related to the identification and development of therapist expertise is due to the inadequate definition and operationalization of the concept. We propose a definition of expertise that is restricted to performance in the conduct of psychotherapy: the manifestation of the highest levels of ability, skill, professional competence, and effectiveness. In addition, we offer several criteria that may be used to assess expertise: performance (including relational and technical expertise), cognitive processing, client outcomes, experience, personal and relational qualities, credentials, reputation, and self-assessment. We then review research related to the development of expertise, highlighting the role of experience with clients, personal therapy, supervision, deliberate practice, and feedback. Finally, we conclude with recommendations for conducting research on therapist expertise.

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