scholarly journals On the Form and Content of a Forensic Handwriting Expert’s Opinion

2019 ◽  
Vol 14 (2) ◽  
pp. 51-60
Author(s):  
M. V. Zhizhina ◽  
I. R. Yagut’yan
Keyword(s):  
Forensic Examination ◽  
Expert’S Opinion ◽  
Forensic Institutions ◽  
Research Scientists

The content of a forensic handwriting expert’s opinion has been holding attention of both research scientists and practicing experts for many decades now since it is not only an essential evidence in court often being crucial to deciding on a case but also a document bringing together procedural and scientific methodological elements.   Forensic handwriting examination is much in demand for court, it is also profoundly and comprehensively developed, supported by detailed methodological recommendations on drafting and processing of an expert’s opinion. However, the analysis of experts’ opinions from state forensic institutions as well as from non-state brought to light several shortcomings which do not enhance their evidentiary status. This applies in particular to performing the forensic examination by non-state experts who tend to lack competence. At the same time the number of forensic handwriting examinations assigned by court to the non-state forensic institutions prevails significantly.The most common mistakes made by the handwriting experts when drafting opinions are reviewed in the article, some ways to resolve them are proposed. The need to provide methodological recommendations for forensic handwriting experts incorporating current requirements to the experts’ opinions is acknowledged. 

ADMINISTRATION MODELS IN THE SYSTEM OF FORENSIC EXAMINATION INSTITUTIONS FROM THE POSITION OF SCIENTIFIC MANAGEMENT

2016 ◽  
Vol 16 ◽  
pp. 179-184
Author(s):  
S. V. Kudryashova
Keyword(s):  
Scientific Management ◽  
Competing Values ◽  
State Institutions ◽  
Advantages And Disadvantages ◽  
Forensic Examination ◽  
Forensic Institutions ◽  
The Individual

The individual forensic activity in comparison with the activity of forensic experts of specialized state institutions is considered, the main advantages and disadvantages are determined. The directions of development of specialized state and non-state forensic institutions are presented in accordance with R. Quinn's competing values model.

scholarly journals Bias in Forensic Examination

2022 ◽  
Vol 16 (4) ◽  
pp. 6-16
Author(s):  
A. V. Kokin
Keyword(s):  
Contextual Information ◽  
Technical Analysis ◽  
Research Process ◽  
Forensic Examination ◽  
Expert’S Opinion ◽  
Negative Effect ◽  
Forensic Expert ◽  
Internal Influences

The article discusses various aspects of the influence of bias on the formation of conclusions of a forensic expert. The author highlights that the negative effect of bias is especially significant in identification examinations, where the conclusions are based on subjective interpretations of the results of marks comparison (toolmark, fingerprint, firearms examinations, and others). The author also notes that there is no clear border between objectivity and subjectivity in forensic examinations. All types of forensic examinations exist in an objective-subjective continuum, which causes different conclusions’ reliability. Since subjectivity is the basis for bias formation, minimizing its impact can be achieved in several ways – increasing the “transparency” of documenting the research process, technical analysis and verification of an expert’s opinion, applying quantitative criteria for evaluating the matching features in the compared marks. The most logical way to reduce the influence of bias is to eliminate the causes that give rise to this phenomenon. These are the excessive contextual information provided to the expert, the expert’s deviation from the requirements of methodological recommendations in examining the objects, and various external and internal influences.

scholarly journals TO THE QUESTION OF INTERDEPENDENCE OF THE EUROPEAN INTEGRATION PROCESSES AND INTEGRATION TENDENCIES OF SPECIAL KNOWLEDGE IN UKRAINE

2017 ◽  
Vol 17 ◽  
pp. 152-158
Author(s):  
E. B. Simakova-Efremian
Keyword(s):  
European Integration ◽  
Quality Standards ◽  
Legal Practice ◽  
Minimum Standards ◽  
Forensic Expertise ◽  
Forensic Examination ◽  
The World ◽  
Forensic Institutions ◽  
Special Knowledge ◽  
Globalized World

In the conditions of world globalization, the interdependence of the countries of the world, their transformation into a single global organism, which has its own laws and tendencies of development, is growing ever more. Globalization, like any complex and multifaceted phenomenon, has certain consequences that significantly affect the historical destinies of countries and peoples. Globalization concerns the issues of the development of law and judicial sciences. The holding of the First Kharkiv International Legal Forum "The Law and Problems of Sustainable Development in the Globalized World" is a peculiar confirmation of this. During the opening of the Forum, the rector of the National Law University academician V Ya. Tatsyi stressed that the processes of the world globalization not only give certain advantages in the development of the humanity but also generate new problems, which impossible to solve without an active participation of lawyers-scientists and practitioners. He noted: "From us expect balanced, well-reasoned and effective recommendations that might be implemented both in the national legislation and in the international legal practice”. Undoubtedly, the processes of globalization have their own specifics in various fields, including, in the field of forensic examination. A special place in this case belongs to the influence of the world globalization upon European integration processes. These processes are realized in the forensic examination, primarily by means of implementation of the legislation of Ukraine on forensic examination into European legislation, and in addition, by means of unification of the techniques of expert research for all forensic institutions by their accreditation in accordance with international quality standards. There were defined the ways of realization by Ukrainian criminalists andforensic experts of the requirements of the European documents containing the minimum standards in themselves and various variants of activities in the field of Criminalistics and Forensic Expertise have been proposed.

scholarly journals Forensic Valuation of Intellectual Property

2019 ◽  
Vol 14 (3) ◽  
pp. 40-45
Author(s):  
A. Ya. Asnis ◽  
M. A. Ivanova ◽  
Sh. N. Khaziev
Keyword(s):  
Intellectual Property ◽  
Value Assessment ◽  
Criminal Cases ◽  
Forensic Examination ◽  
Patent Rights ◽  
Forensic Institutions ◽  
Evidence Analysis ◽  
Analysis Computer ◽  
New Type ◽  
Special Knowledge

Valuation of objects of intellectual property can be important when considering civil disputes, criminal cases of copyright and related rights infringements, criminal bankruptcies, cases of administrative offenses (violations of copyright and related rights, inventor’s and patent rights). At present, there is no generally accepted and accessible methodology of forensic valuation of intellectual property items.The main aspects of the forensic valuation of intellectual property are reviewed. It is shown that when assessing the value of intellectual property special knowledge should be applied in the field of forensic merchandising expertise, forensic economics, as well as other kinds and types of forensic expertise according to the characteristics of the intellectual property in question: forensic trace evidence analysis, computer forensics, forensic linguistics, forensic materials analysis, etc. It is necessary to develop and implement a new type of forensic examination in the forensic institutions of the Ministry of Justice of the Russian Federation - forensic examination of intellectual property which will also include the value assessment of such objects.

scholarly journals Tasks and Principles of International Cooperation in the Field of Forensic Examination

2020 ◽  
Vol 90 (3) ◽  
pp. 202-211
Author(s):  
І. І. Яценко
Keyword(s):  
International Cooperation ◽  
Legal Regulation ◽  
Global Level ◽  
Legal Basis ◽  
Planning Stage ◽  
New Developments ◽  
Scientific Support ◽  
Forensic Expertise ◽  
Forensic Examination ◽  
Forensic Institutions

The basic categories: “tasks”, “principles”, “forensic examination”, “international cooperation” have been studied. The legal regulation of international cooperation in the field of forensic examination has been determined. The understanding of the category of “tasks and principles of international cooperation in the field of forensic examination” has been clarified. The task of international cooperation in the field of forensic examination has been defined as a set of legally established provisions aimed at ensuring effective and professional forensic examination in the course of international cooperation of forensic experts. The tasks of international cooperation in the field of forensic examination include the following: ensuring international cooperation between the subjects of forensic expertise, use of international qualified and objective expertise, providing assistance to international (foreign) forensic institutions (organizations), exchange of experience (training and retraining), providing international scientific support for the activities of forensic experts. The principles of international cooperation in the field of forensic examination have been defined as guiding (fundamental) principles and ideas laid down in the basis of international cooperation in the field of forensic examination and aimed at ensuring objective forensic activity. The following principles of international cooperation in the field of forensic examination have been formulated: good faith, freedom, equality, scientificity, international and legal clarity. It has been proved that the introduction of tasks and principles of international cooperation in the field of forensic examination into legal regulation of Ukraine is designed to be one of the driving changes in the legal basis for accelerating the integration of international forensic activity experience into the activity of domestic experts, implementation of new developments, Ukraine’s participation in developing programs in the field of forensic examination at the global level, including at the planning stage of the concept and strategy for developing forensic examination area.

scholarly journals Forensic examination as a source of evidence in a separate proceedings

2020 ◽  
Vol 3 (3) ◽  
pp. 200-207
Author(s):  
Iryna Popovych
Keyword(s):  
Legal Status ◽  
Molecular Genetic ◽  
Active Role ◽  
Judicial Practice ◽  
Forensic Examination ◽  
Civil Proceedings ◽  
Expert’S Opinion ◽  
Genetic Examination ◽  
Evidence And Proof ◽  
Tools And Techniques

Modern judicial practice indicates how important, in the quality of cases, is forensic examination, which with its special methods, tools and techniques contributes to the solution of judicial problems. An expert opinion plays a significant role in the process of proving in separate proceedings, when the question of the obligatory application of special knowledge arises. The article deals with study of forensic science as a source of evidence in a particular proceeding, as well as highlighting the clear difference between individual and other types of proceedings in civil proceedings, forming an opinion on the active role of the court in resolving cases in a particular proceeding. on the problem of interpretation by courts of norms of the national legislation at application of such means of proof as the expert’s conclusion. Analysis of scholars’ opinions, national case law, ECtHR documents, current legislation and regu-lations governing the appointment of forensic examination, shows that, in addition to the general rules of the institution of evidence and proof, in cases of separate proceedings, the court may take into account all by law means of proof. The expert's opinion is admissible, sufficient, reliable and categorical evidence in cases concerning changes in the legal status of individuals; establishing facts that are legally significant for the realization of rights and interests in family and other legal relations (for example, establishing the zygote of twins as a result of merging male and female gametes, establishing kinship (kinship) through molecular genetic examination).

scholarly journals INTERNATIONAL EXPERIENCE IN THE USE OF THE EXPERTISE IN CASES RELATED TO INTELLECTUAL PROPERTY

2020 ◽  
Vol 16 (4-2) ◽  
pp. 165-175
Author(s):  
Антон Савенко
Keyword(s):  
Intellectual Property ◽  
The United States ◽  
Scientific Methods ◽  
Legal Proceedings ◽  
Foreign Experience ◽  
Forensic Examination ◽  
Foreign Countries ◽  
Forensic Institutions ◽  
New Type ◽  
General Scientific

In the context of digitalization of the economy and the growing number of legal proceedings related to intellectual property objects, there is a need to form a forensic examination of intellectual property objects as a new type of expertise produced by state forensic institutions. In order to form this new direction, it is necessary to study foreign experience of using the expertise in such cases. Purpose: to study the experience of using the expertise in cases of intellectual property objects in some foreign countries. Results: general dialectical method, in particular methods of formal logic, a number of general scientific methods such as comparison, description, etc., as well as special scientific methods: formal-legal, comparative-legal. Conclusions: the study shows different approaches to the organization of legal proceedings using expertise in the courts of Germany, Japan, Ukraine and the United States. This foreign experience will help to form Russian approach to the forensic examination of intellectual property objects.

scholarly journals Methodical Support for Conducting an Expert Research to Establish the Statute of Limitations for the Execution of Documents’ Requisites: Problems of Expert and Judicial Practice

2022 ◽  
Vol 16 (4) ◽  
pp. 49-56
Author(s):  
M. V. Zhizhina ◽  
V. B. Danilovich
Keyword(s):  
Current Situation ◽  
Legal Proceedings ◽  
Judicial Practice ◽  
Forensic Examination ◽  
Forensic Practice ◽  
Expert’S Opinion ◽  
Document Examination ◽  
Expert Practice

The article addresses the problems of methodical support for establishing the statute of limitations when conducting a forensic document examination, directly affecting the admissibility of an expert’s opinion as evidence in legal proceedings. Establishing the statute of limitations for the execution of documents’ requisites is one of the most demanded tasks when considering all categories of cases – administrative, arbitration, civil, criminal. Analysis of the forensic practice of this type of examination in legal proceedings shows the application of various methods and approaches. Such variety raises questions among both the judicial and legal communities. For example, what existing methods are scientifically substantiated, tested, certified, lead to reliable results, and can be used to solve expert tasks? Which are unsuitable for the use in expert practice, and for what reasons?To confirm the suitability of their author’s developments for forensic examination, individual non-state experts provide various patents and certificates. How legal and permissible is this practice?The article offers a competent analysis of the current situation on the example of the widely used method of “wet copying”

Expert's Subscription and the Procedure for its Registration when Assigning a Forensic Examination

2020 ◽  
Vol 1 ◽  
pp. 77-82
Author(s):  
V. V. Ustinov ◽  
◽  
P. A. Chetverkin ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Code ◽  
Inadmissible Evidence ◽  
Judicial Practice ◽  
Forensic Examination ◽  
False Conclusion ◽  
Expert’S Opinion ◽  
The Russian Federation

Currently, due to the principle of adversarial proceedings, almost every expert's opinion is accompanied by its review by a specialist engaged by one or another party to the process. One of the shortcomings reflected in the reviews is a violation of the procedure for subscribing to the expert's warning of criminal liability for giving a deliberately false conclusion under article 307 of the Criminal code of the Russian Federation. Failure to comply with this very important procedure may result in the recognition of the expert's opinion as inadmissible evidence. In our opinion, the analysis of judicial practice and procedural rules governing this procedure, as well as the proposed recommendations, will help law enforcement entities in assessing the expert's opinion and its admissibility as evidence in the case.

scholarly journals Aspects of the Interpretation and Implementation of Expert’s Rights in the Appointment and Production of Forensic Construction and Technical Examination

2020 ◽  
Vol 15 (2) ◽  
pp. 113-128
Author(s):  
A. Yu. Butyrin ◽  
E. B. Stativa
Keyword(s):  
Legal Problems ◽  
Forensic Examination ◽  
Competent Person ◽  
Expert’S Opinion ◽  
Technical Examination ◽  
The Law ◽  
Broad Interpretation

The issues of exercising expert’s rights when ordering a forensic examination, entrusting its production to a specific competent person, conducting a study, reflecting its process and the results in the expert’s opinion do not lose their relevance. Basing on the analysis of practice for the appointment and conduct of forensic construction and technical examinations, the authors of the article have examined the organizational and legal problems encountered by an expert when familiarizing himself with the case materials and studying them; applicating for additional materials; involving another expert in the production of an examination, as well as in the exercising other expert’s rights provided by the legislation on forensic examination.The article discusses forensic situations when it is often allowed either an unjustifiably broad interpretation of the provisions of the law in this part, or an unreasonably narrow, and sometimes incorrect, in the authors’ opinion, their interpretation. All this prevents the expert from working efficiently, leads him to procedural errors, which, in turn, makes him vulnerable to reasonable criticism of opponents and creates the preconditions for an investigator or court to evaluate expert’s opinion as a piece of unacceptable evidence. The authors propose ways to overcome these negative trends and related practical issues in forensic construction and technical examination.

Sign in / Sign up

Export Citation Format

Share Document