scholarly journals The influence of the paradigm of forensic science on law enforcement

2020 ◽  
Vol 4 (3) ◽  
pp. 158-167
Author(s):  
Nikolay V. Karepanov
Keyword(s):  
Law Enforcement ◽  
Forensic Science ◽  
Scientific Knowledge ◽  
Scientific Research ◽  
Theoretical Research ◽  
Practical Implementation ◽  
Criminal Proceedings ◽  
The Subject ◽  
The Impact ◽  
Practical Recommendations

The subject. The subject of the study is the relationship between the methodology of the theory of forensic science and law enforcement issues. The nature of the forensic science and the paradigms of theory are subject to significant changes today. Philosophical and scientific postulates revealed differences in post-non-classical science. The author substantiates the need for the evolution of some essential criteria of scientific knowledge in forensic science. The article deals with the concepts of private forensic theories and the structure of the general theory of forensics. It shows the impact of scientific research on the needs of practice, the ambiguous nature of the preparation of practical recommendations, the complex path from basic forensic research to the integration of investigative methods in investigative practice. The purpose of the article is to confirm or disprove the hypothesis that changing the general forensic paradigms should lead to changes in the method of detecting and using traces of crimes in criminal proceedings. The methodology of the research includes analysis, synthesis, deduction as well as private scientific methods of forensics, in particular, the doctrine of traces. The main results of the research. Any scientific research, especially in the field of forensics, is aimed at solving practical problems if they are unsolvable by existing methods and recommendations. Sometimes the problem, especially at the initial stage of its study, is difficult to be identified clearly. First of all, you need to prove that it exists, then define it in general, and only then look for approaches, methods of scientific research of its causes and essence, and concentrate on finding a solution. In forensic science, this is expressed in the identification of inefficiency in solving the problems of investigating crimes using existing scientific recommendations. One of the essential elements of private forensic theories is their practical implementation. Practical orientation in forensics implies the availability of knowledge that is potentially suitable for the development of practical recommendations on methods, techniques for detecting traces of crime and related events, means of collecting evidence, the possibilities of using the extracted and processed information for the purposes of criminal proceedings. The relevance of the results is determined by the significance of the scientifically proven tasks, questions and problems. For investigative practice, it is not the status of theoretical recommendations that is important, but their qualitative content. Conclusions. Relevance in practice does not always determine the scientific significance of theoretical research in forensic science. The fundamental nature of scientific knowledge and overcoming outdated paradigms require time and at a certain stage may not be in demand in practice. However, changes in scientific views are strategically necessary for law enforcement and should be reflected in recommendations for forensic practitioners.

The Role of Covert Policing and the Use of Its Results in Criminal Proceedings Involving Unlawful Restraint for Ransom

2017 ◽  
Vol 9 (1) ◽  
pp. 123-0
Author(s):  
Zbigniew Niemczyk
Keyword(s):  
Law Enforcement ◽  
Subject Matter ◽  
The State ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Specific Manner ◽  
The Subject ◽  
Ultimate Objective ◽  
High Level

The article is concerned with the subject matter of covert policing involving cases where a hostage is unlawfully taken and detained with the purpose of forcing other persons to act in a specific manner. Such activities, being among the most difficult procedures relevant to the work of law enforcement agencies, are usually conducted in conditions determined by a rapidly changing factual situation, high level of criminal conspiracy and the state of permanent risk to the hostage’s life, the saving of which is the ultimate objective of public officers. Due to these factors, covert policing related to this kind of cases — given its nature and its investigative potential — becomes extremely important. The author’s aim is to determine the essence and functions of covert policing, and in particular to present conditions which must be met to adequately process covertly obtained intelligence for the needs of criminal proceedings.

scholarly journals The concept of a certain forensic technique and its types

2018 ◽  
Vol 83 (4) ◽  
pp. 38-45
Author(s):  
S. O. Knizhenko
Keyword(s):  
Forensic Science ◽  
Judicial Review ◽  
Subject Matter ◽  
Current Development ◽  
Criminal Proceedings ◽  
The Subject ◽  
Contemporary Development ◽  
Scientific Ideas ◽  
Group Species

The forensic technique is one of the sections of forensic science which task is to develop recommendations for the effective investigation of certain types of crimes. Nowadays there is no consensus among scholars about the concept of a certain forensic technique, its types, structure and tasks. The objective of the work is to determine the concept of a certain forensic technique and its types, taking into account the contemporary development of scientific ideas about criminalistics. The author of the article has revealed the modern tasks of a certain forensic technique, has determined the sphere of distribution of forensic recommendations. The classification of methods of investigation of certain types of crimes has been offered taking into account the taxonomy, which will lead the construction, implementation of new and modernization of existing forensic techniques to a new level. It has been noted that the current development of criminalistics leads to the need to apply forensic recommendations both at the stage of pre-trial investigation, and during the judicial review of criminal proceedings. In this regard, one of the tasks of a certain forensic technique is the development of methodological recommendations not only for investigators, but also for prosecutors, judges. A certain forensic technique in the opinion of the author is the system of typed criminalistic recommendations in a certain form stipulated by investigative (court) situations and by the subject matter of proving regarding the most appropriate complexes of procedural actions, operative and search activities and tactical operations, their combination with the use of technical and forensic means and tactical methods according to the type of crimes aimed at the effective detection, consolidation, evaluation and use of evidence in criminal proceedings. Types of certain forensic techniques are allocated on various features, which take into account both criminal and criminalistic criteria and make up the following levels: group, species, generic, intergeneric (complex).

scholarly journals Criminalistics is not the science of prosecution or defense, but aimed at judicial resolution of criminal cases

2021 ◽  
pp. 116-123
Author(s):  
A. N. Khalikov
Keyword(s):  
Law Enforcement ◽  
Forensic Science ◽  
Criminal Responsibility ◽  
General Trend ◽  
Preliminary Investigation ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Forensic Research ◽  
The Subject ◽  
Judicial Errors

The article considers the purpose of criminalistics as an objective science. The author briefly analyzes the definitions of the subject of criminology proposed by scientists in different years. At the same time, the General trend becomes obvious — the monopolization of criminology by law enforcement agencies. With reference to the position of the Patriarch of Russian criminalistics R. S. Belkin, the author expresses his opinion that criminalistics cannot and should not serve only state law enforcement agencies. The results of forensic research can be successfully used in criminal cases by the defense party-lawyers and other representatives of suspects and accused. The article provides examples when abuses by the preliminary investigation bodies with reference to the use of criminalistics provisions led to judicial errors and bringing innocent persons to criminal responsibility. Only in court, when using the evidence presented by the parties to the defense and prosecution, obtained, including through the use of recommendations of forensic science, a criminal case can be fairly resolved. 

scholarly journals FORENSICS CHARACTERISTICS IN THE STRUCTURE OF THE CRIME INVESTIGATION METHODOLOGY

2021 ◽  
pp. 228-243
Author(s):  
Е. Lukianchykov ◽  
B. Lukianchykov ◽  
S. Petriaiev
Keyword(s):  
Law Enforcement ◽  
Forensic Science ◽  
Cognitive Activity ◽  
Law Enforcement Agencies ◽  
Structural Element ◽  
Historical Aspect ◽  
Stage Of Development ◽  
The Subject ◽  
Qualitative Changes

The article deals with the problematic issues of the forensics characteristics of crimes as a scientific category of forensic science and tools of cognitive activity in the disclosure and investigation of crimes. Attention is drawn to the fact that the modern stage of development of society is characterized not only by quantitative, but also by qualitative changes in the state of crime. New types of crimes are appearing and traditional methods of their commission and concealment are being improved using the achievements of scientific and technological progress. Significant parts of the crimes remain unsolved, and the persons who committed them are not punished. Law enforcement agencies are faced with the task of quickly disclosing them and protecting the violated rights of victims. Science, primarily forensic science, is called upon to provide assistance in solving such problems. In the historical aspect, the development of the theory of forensic methodology, determining its place in the system of forensic science is considered. It is noted that it is advisable to consider the forensic methodology both as a branch of science, and as a system of knowledge about the technology of investigating crimes, and the technology itself, a kind of algorithm for investigating crimes, which is implemented in the practical activities of investigators, detectives, prosecutors. Attention is drawn to the fact that since the mid-80s of the last century, the concept of criminalistics characteristics of crimes has entered the scientific circulation. Its correlation with the subject of proof and the opinions of scientists and practitioners about the place of forensic characteristics in the structure of private methods of investigation of certain types of crimes are analyzed. Based on the analysis, the author substantiates the conclusion that the forensic characterization of crimes should be considered as a structural element of a private investigation methodology and the basis for the development of such methods. Attention is drawn to the mandatory study of the correlation dependences between its elements, which can serve as a key to disclosing a specific crime.

scholarly journals Use of intelligence tools of operational and search activities in pre-trial investigation

2021 ◽  
Vol 10 (45) ◽  
pp. 105-112
Author(s):  
Oleh Tarasenko ◽  
Artem Shevchishen ◽  
Yurii Yermakov ◽  
Dmytro Mirkovets ◽  
Yaroslav Diakin
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Law Enforcement Officers ◽  
Theoretical Method ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Search Activity ◽  
The Subject ◽  
Operational Activities ◽  
Legal Grounds

The purpose of the article is to determine the features and legal grounds for the use of tools of operational and search activities in the pre-trial investigation. Subject of research: The subject of research is covert investigative (search) actions and operational and search measures. Methodology: dialectical method, formal logic methods, logical and semantic method, system analysis method, theoretical method, normative and dogmatic method, legal modeling method. The results of the study: Distinguishing between investigation and search measures, we apply the following principle: if the object of operational activities is already known to law enforcement officers we are talking about search measures, if not – about investigation measures. Practical consequences: The possibility of legal regulation of the use of tools of operational and search activity at the stages of criminal proceedings is determined. Value / originality: It is concluded that the list of operational and search measures also includes those that have no analogues with the CISAs and therefore operational and search measures do not duplicate the CISAs, but perform the task of ensuring the possibility of fulfilling the investigator’s instructions to conduct the CISAs.

scholarly journals ABOUT CLASSIFICATION ISSUES OF FORENSIC CONSTRUCTION ENGINEERING EXAMINATIONS

2019 ◽  
Vol 20 (2) ◽  
pp. 480-492
Author(s):  
D. Puchko
Keyword(s):  
Forensic Science ◽  
Building Materials ◽  
Technical Documentation ◽  
Criminal Proceedings ◽  
Construction Engineering ◽  
Legal Proceedings ◽  
Technical Content ◽  
The Subject ◽  
Forensic Expert ◽  
Specialized Institutions

Analysis of forensic science practice indicates that object range and number of performed construction and engineering researches are constantly increasing. Considering relevance of this kind of forensic science as for the investigation of criminal proceedings and for other types of legal proceedings, the basic provisions related to the theoretical base formation of forensic construction and engendering examinations in its classification aspect are considered. Currently, the lists of types of forensic examinations and forensic expert area of specializations are valid in Ukraine. According to these lists qualification of a forensic expert is assigned to experts of forensic science institutions the Ministry of Justice of Ukraine, as well as to specialists who do not work in state specialized institutions. These Lists are annexes to the Regulation: On Qualification Commissions and Certification of Forensic Experts approved by the No. 301/5 order of the Ministry of Justice of Ukraine dated 03.03.2015. According to the specified document, as separate types of forensic examinations, forensic construction engineering, forensic land lot evaluation forensic building evaluation, forensic building evaluation and forensic road examination on corresponding types of expert areas of specialization are recorded. The subject of forensic construction engineering examination and land lot evaluation should be considered factual data and circumstances of the case (production) established on the basis of specialized expertise in construction field having evidentiary value for any type of legal proceedings while research on relevant construction objects: real estate, building materials, structures and related technical documentation. Thus, technical content of construction engineering examinations and forensic land lot evaluations involves forensic construction engineering implementation by examining relevant engineering sites analyzing technical documentation within the subject and tasks of the specified categories of examinations by the relevant subject by applying the appropriate system of research methods. These features distinguish them in independent kinds of forensic science.

scholarly journals Administrative penology: the issues of legal theory

2021 ◽  
Vol 5 (1) ◽  
pp. 202-211
Author(s):  
S. N. Shaklein
Keyword(s):  
Law Enforcement ◽  
Moral Education ◽  
Deviant Behavior ◽  
Legal Theory ◽  
Point Of View ◽  
Final Decision ◽  
Administrative Punishment ◽  
The Subject ◽  
And Behavior ◽  
The Impact

The subject. The article is devoted to the analysis of the effectiveness of administrative punishment enforced to persons with deviant behavior of an immoral orientation, and the development of proposals for improving the effectiveness of administrative punishment from a penological point of view. The subject of the research is administrative punishment and the legally fixed type and limits of administrative-tort sanctions, which allow administrative jurisdiction bodies and courts to enforce a specific type and measure of administrative punishment aimed at forming the legality of the behavior of an administrative delinquent. The purpose of the article is to confirm or disprove hypothesis that increasing the effectiveness of administrative punishment will significantly reduce the repetition of administrative offenses due to the educational impact on the consciousness and behavior of administrative delinquents, their moral education. The author analyzes the effectiveness of administrative fine by the repetition of administrative offenses (on all-Russian and regional statistics) and develops proposals for improving the effectiveness of administrative punishment. The methodology. The results of this research were achieved through the use of general scientific methods in the framework of observation, comparative, logical interpretation of legal acts, statistical analysis as well as through the analysis of law enforcement practice. The main results. The analysis of law enforcement practice has shown the ineffectiveness of the administrative punishment imposed on persons with deviant behavior of an immoral orientation. In this regard, the author suggests penological conditions for improving the effectiveness of rule-making and law enforcement practice, points out the need to ensure interaction and cohesion of jurisprudence, sociology of law and legal psychology, methods of persuasion and coercion in the development and application of administrative sanctions measures. It provides maximum flexibility of the final decision, the possibility of taking into account legal, social, psychological, economic and other nuances of the case in order to maximize the impact on the consciousness and behavior of a person for his subsequent correction and re-education, the formation of a persistent habit of lawful behavior. The author also proposes to provide for administrative liability for failure to comply with official warnings about the inadmissibility of actions creating conditions for commission of crimes, of administrative offences or of the inadmissibility of the continuation of antisocial behavior. Conclusions. The issues of increasing the effectiveness of the appointment and execution of administrative punishment need increased attention of the state and urgently require a targeted approach to punishment first of all. 

scholarly journals Prospective Role of Advanced Technologies in Forensic Science in Averting Harassment of Accused in India

2020 ◽  
Vol 9 (4) ◽  
pp. 1317-1319
Keyword(s):  
Forensic Science ◽  
Dna Typing ◽  
Systematic Change ◽  
Criminal Proceedings ◽  
Basic Principles ◽  
Scientific Methods ◽  
Scientific Instrumentation ◽  
Advanced Technologies ◽  
The Impact

The present work addresses the impact of modern scientific techniques of investigations on the rights of accused. The dramatic scientific breakthroughs in forensic science like new scientific instrumentation, DNA typing and physical evidence databases have contributed to evidence in criminal proceedings over the years. A systematic change in investigations can be brought by applying the 7 basic principles of forensic science capable of giving impartial results. Increasing the reliance on objective forms of evidence, result oriented investigation based on scientific methods will prevent futile harassment of accused.

Actual issues of the search of housing or other possession of the person

2021 ◽  
Author(s):  
Yevhen Povzyk
Keyword(s):  
Law Enforcement ◽  
Scientific Literature ◽  
Scientific Research ◽  
Main Body ◽  
Unified Approach ◽  
Basic Law ◽  
The Supreme Court ◽  
The Subject ◽  
The Right ◽  
Problem Setting

Problem setting. One of the basic human rights, enshrined in the Constitution of Ukraine, is the right to inviolability of housing or other possession. The Basic Law stipulates that no penetration into a home or other possession of a person, inspection or search in them is allowed differently than according to a motivated court decision. This provision means that the state is authorized to reasonably restrict the above law. However, according to law enforcement practice, such restriction of the right to inviolability of housing or other possession is not always reasonable and there is an unequal and improper application of regulatory provisions regulating the procedure for carrying out this investigative (investigative) action. This, in turn, requires a comprehensive analysis of problematic issues that arise during the search and a unified approach to their solution. The object of research is legal relations arising during a search of housing or other possession of a person. The subject of the study are regulations that regulate the grounds, conditions and procedural procedure for conducting a search of housing or other possession of a person. Analysis of recent researches and publications. In the scientific literature, certain aspects of the search of housing or other possession were the subject of scientific research of such scientists as: V. Goncharenko, I. Hlovyuk, V. Zaborovsky, V. Noor, O. Kaplina, O. Komarnytska, O. Shvykova, M. Shumylo etc. Target of research is to study problematic issues arising during the search of housing or other possession of a person and to develop on its basis proposals for improving the current criminal procedural legislation. The scientific novelty of the research is to express proposals for improving the current criminal procedural legislation, which relate to the procedural procedure for the search of housing or other possession of a person, the announcement of a break in its conduct and the peculiarities of fixing its results. Article’s main body. The scientific research is devoted to the analysis of the grounds, conditions and procedural procedure for conducting a search in a dwelling or other possession of a person, guarantees of protection of the rights and freedoms of a person during this investigative (search) action, features of fixing the course of conducting a search of a home or other possession of a person. Conclusions and prospects for the development. Based on the analysis, we conclude that it is appropriate to apply to the decision of the Supreme Court of 02.09.2020. № 591/4742/16-k, which states that the protocol of the search of housing is unacceptable evidence, if it does not contain information about the employees of the operational units involved in it, the sequence of all actions during the search and packaging of seized items, as well as if during the search at the time of detection of equipment intended for the manufacture of narcotic drugs (subject of crime), were not present understood, invited investigators after the discovery of such equipment.

scholarly journals Open sources revіew on salw illegal use and seizures in Ukraine (2019)

2020 ◽  
Vol 4 (92) ◽  
pp. 299-324
Author(s):  
В.С. Безногих
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Agencies ◽  
Summary Table ◽  
The Subject ◽  
The Russian Federation ◽  
Drugs And Crime ◽  
Criminal Legislation ◽  
The Impact ◽  
Qualitative Characteristics ◽  
Monitoring Platform

The article provides an analysis of crime related to firearms, ammunition and explosives. It is written based on the results of the study of information on this category of crimes collected in open sources (law enforcement websites and media news resources). In contrast to the departmental statistics and narrative reports that serve certain tasks of law enforcement agencies, the present analysis attempts to describe additional qualitative characteristics for this category of crimes in order to identify more specific trends and determine the impact of the situation in south-eastern Ukraine caused by the armed aggression of the Russian Federation. Relying on his experience of work in the United Nations Office on Drugs and Crime (UNODC) projects, the author of the study attempts to adapt and apply the principles of collecting of qualitative information from open sources, which are used to collect information on drug-related crimes for the Drug Monitoring Platform in the Afghan Opiate Trade Project (AOPT). The study covers all types of crimes related to firearms, ammunition and explosives, both those in which the weapon is the subject of a crime (illegal possession, sale, smuggling), and crimes in which a weapon or explosive used as an instrument of crime (murder, attempted murder, armed robbery, property damage, hooliganism). The study also includes cases of illegal use of traumatic firearms, which within the existing criminal legislation of Ukraine are classified as hooliganism. The article provides summary table on prices for certain types of weapons and ammunition in the regions of Ukraine based on the results of successful operations of weapons purchasing realized by law enforcement agencies. In general, the materials presented in the article are an additional source of criminalistics information and can serve as a basis for further analysis and research.  

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