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.

scholarly journals ENGAGEMENT OF EXPERTS AND SCHEDULING FORENSIC EXAMINATION UNDER INVESTIGATION SAFETY RULES VIOLATIONS WHEN PERFORMING WORKS WITH HEIGHTENED DANGER

2016 ◽  
Vol 16 ◽  
pp. 118-126
Author(s):  
К. О. Spasenko
Keyword(s):  
Labor Protection ◽  
Negative Consequences ◽  
Forensic Examination ◽  
Technical Examination ◽  
Forensic Engineering ◽  
Special Knowledge ◽  
Technical Construction ◽  
Safety Rules

The peculiarities of the use of special knowledge in the process of investigation of the specified category of crimes are considered, they consists in narrow directed specifics of violations of safety rules during execution of works with in-creased danger. A range of issues to be clarified during carrying out certain examination is outlined. Their variability is noted depending on the work performed, the type of negative consequences and other elements of the criminalistic characteristics of crime. Scheduling forensic medical and forensic engineering-technical examination on labor protection, mining-technical, construction-technical and technical examination of documents in the aspect of the raised problematics is examined.

scholarly journals THE ORDER OF PROCEEDING PROCEDURAL ACTIONS AT THE STAGE OF EXCITING A CRIMINAL CASE REQUIRES IMPROVEMENT

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 75-79
Author(s):  
S.M. Darovskikh ◽  
◽  
Z.V. Makarova ◽  
Keyword(s):  
Law Enforcement ◽  
Criminal Case ◽  
Forensic Examination ◽  
Legal Thinking ◽  
The Law

The article discusses some issues of imperfection of the criminal procedural legislation regulating the procedure for performing procedural actions at the stage of initiating a criminal case. The authors point out that in certain cases the imperfection of legislation does not affect law enforcement, and in others it creates uncertainty in legal thinking. The question of the possibility of carrying out such an investigative action as seizure at the stage of initiating a criminal case is being investigated, attention is drawn to the absence of the possibility, enshrined in the law, of issuing a decision on the appointment of a forensic examination at the stage of initiating a criminal case. It is proposed to introduce into the text of the law the conditions that determine the expediency of appointing a forensic examination at this stage

scholarly journals ABOUT CHANGE OF HANDWRITING OF PERSONS THAT ARE IN THE STATE OF ALCOHOLIC INTOXICATION

2020 ◽  
Vol 11 (87) ◽  
Author(s):  
Оksana Rusova ◽  
◽  
Olga Samoilova ◽  
Keyword(s):  
Careful Consideration ◽  
Essential Information ◽  
Case File ◽  
Fast Pace ◽  
Expert’S Opinion ◽  
Psychological Attitude ◽  
The Law ◽  
Object Of Study ◽  
Concomitant Factors ◽  
Selection Of

This article focuses on the problematic issues that arise in the process of appointing a forensic handwriting examination, where the object of study are manuscripts performed in a state of intoxication. The reliability of the conclusions will largely depend on the correct quality and sufficient quantity of comparative material. This will be possible if the initiator of the study, after careful consideration of their work, qualitatively selects comparative material for the study. The purpose of this article is to further improve the purpose of forensic handwriting examination, the object of which is the study of manuscripts made in a state of intoxication, as well as to provide practical recommendations that will allow the initiators of the study to correctly select comparative material. Of particular importance in the conduct of forensic handwriting diagnostic examinations are information from the case file relating to the subject of examination, ie in the resolution, decision or statement must be indicated: first, it is information about the person - the actual or intended executor of the manuscript; second, essential information relating to the situation, the situation in which the manuscript in question was presumably performed, and in connection with it, the possible psychological attitude or emotional state of the person writing. When the initiator of the study informs the expert of the necessary information, he should not be afraid to "impose" a certain version, because the method of expert research is based on checking all the most likely alternatives (versions and counter version) and making decisions based only on objective data. Regarding the selection of comparative material provided for research in establishing whether a person was intoxicated, there are some peculiarities in the selection of experimental samples, because we cannot bring a person in such a state to take the necessary samples because the law prohibits harm to health, humiliation and infliction of moral suffering. They can be obtained without violating the law, by changing the condition, namely, you need to dictate the text at an extremely fast pace. The expert may also make a request, although the initiator of the study provided comparative material such as free, conditionally free and experimental samples, because there may be concomitant factors that the initiator did not take into account when selecting, such as experimental samples. The expert's request should be treated responsibly because the quality of the expert's opinion may depend on how well it is executed.

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.

State of Emergency and Humanitarian Law — On Article 75 of Additional Protocol I

1984 ◽  
Vol 24 (242) ◽  
pp. 263-273
Author(s):  
Géza Herczegh
Keyword(s):  
The Other ◽  
Strict Sense ◽  
Humanitarian Law ◽  
Narrow Sense ◽  
Law Of War ◽  
Legal Provisions ◽  
The Hague ◽  
The Law ◽  
Broad Interpretation ◽  
The Individual

In a rich and abundant literature on the subject of international humanitarian law, two trends in the interpretation of the term “humanitarian law” stand out: one takes it in its broad meaning, the other in a narrow sense. According to the definition by Jean S. Pictet, humanitarian law, in the broad interpretation, is constituted by all the international legal provisions, whether written or customary, ensuring respect for the individual and the development of his life. Humanitarian law includes two branches: the law of war and human rights. The law of war, still following Professor Pictet's definition, can be subdivided into two sections, that of The Hague, or the law of war, in the strict sense, and that of Geneva, or humanitarian law, in the narrow sense. It is often difficult to distinguish clearly between these branches of law, and especially between the law of The Hague and the law of Geneva, because of the reciprocal influence each has had on the development of the other, to the extent that some well-known experts considered the traditional difference between them out-of-date and superfluous.

Contract

2005 ◽  
Author(s):  
James Gordley
Keyword(s):  
Twentieth Century ◽  
Legal System ◽  
Common Law ◽  
Contract Law ◽  
Legal Method ◽  
Legal Problems ◽  
Early Twentieth Century ◽  
The Will ◽  
The Law

‘Classical’ contract law was built on a substantive premise about contract law and two premises about legal method. The substantive premise was voluntaristic: the business of contract law is to enforce the will or choice of the parties. The first methodological premise was positivistic: the law is found, implicitly or explicitly, in the decisions of common law judges. The second methodological premise was conceptualistic: the law should be stated in general formulas which can be tested by their coherence. Finally, ‘classical’ contract law reflected an attitude about how best to steer a course — as every legal system must — between strict rules and equitable considerations. Since the early twentieth century, classical contract law has been breaking down. Allegiance to its premises has weakened as has the preference for rigor. At the same time, scholars have found classical law to be inconsistent even in its own terms. Nevertheless, much of it has remained in place faute de mieux while contemporary jurists have tried to see what is really at stake in particular legal problems. This article describes their work.

Jak szukać i nie pogubić się w gąszczu przepisów? Problematyka prawna poszukiwań genealogicznych

2021 ◽  
pp. 179-192
Author(s):  
Aleksandra Kluczewska ◽  
Keyword(s):  
Death Certificate ◽  
Personal Data ◽  
Legal Issues ◽  
Legal Regulations ◽  
Valuable Source ◽  
Eu Regulation ◽  
Legal Problems ◽  
The Law ◽  
Administrative Courts ◽  
The Eu

For a genealogist, each birth, baptism, marriage and death certificate is a valuable source of research. It turns out, however, that genealogists in their work encounter obstacles related to the restriction of access to these sources. This “brake” is legal regulations that can effectively discourage a genealogist from continuing their research. The aim of this article is to present the legal issues of genealogical research, especially in terms of the practice of applying the law and emerging problems in jurisprudence. In her article, the author presented the currently existing legal regulations, which in some cases may hinder genealogists from accessing searches, including legal problems related to the EU Regulation on the Protection of Personal Data (GDPR) in force since May 2018. The article also presents the problem of access to genealogical research from its practical side, recalling the decisions of Provincial Administrative Courts and the Supreme Administrative Court.

competency in a narrow field of practical legal method and practical reason. Then, a philosophical argument will be appreciated, considered, evaluated and either accepted or rejected. This is not a theoretical text designed to discuss in detail the importance of a range of legal doctrines such as precedent and the crucial importance of case authority. Other texts deal with these pivotal matters and students must also carefully study these. Further, this is not a book that critiques itself or engages in a post-modern reminder that what we know and see is only a chosen, constructed fragment of what may be the truth. Although self-critique is a valid enterprise, a fragmentary understanding of ‘the whole’ is all that can ever be grasped. This is a ‘how to do’ text; a practical manual. As such, it concerns itself primarily with the issues set out below: How to … (a) develop an awareness of the importance of understanding the influence and power of language; (b) read and understand texts talking about the law; (c) read and understand texts of law (law cases; legislation (in the form of primary legislation or secondary, statutory instruments, bye-laws, etc), European Community legislation (in the form of regulations, directives)); (d) identify, construct and evaluate legal arguments; (e) use texts about the law and texts of the law to construct arguments to produce plausible solutions to problems (real or hypothetical, in the form of essays, case studies, questions, practical problems); (f) make comprehensible the interrelationships between cases and statutes, disputes and legal rules, primary and secondary texts; (g) search for intertextual pathways to lay bare the first steps in argument identification; (h) identify the relationship of the text being read to those texts produced before or after it; (i) write legal essays and answer problem questions; (j) deal with European influence on English law. The chapters are intended to be read, initially, in order as material in earlier chapters will be used to reinforce points made later. Indeed, all the chapters are leading to the final two chapters which concentrate on piecing together a range of skills and offering solutions to legal problems. See Figure 1.1, below, which details the structure of the book. There is often more than one solution to a legal problem. Judges make choices when attempting to apply the law. The study of law is about critiquing the choices made, as well as critiquing the rules themselves. However, individual chapters can also be looked at in isolation by readers seeking to understand specific issues such as how to read a law report (Chapter 4) or how to begin to construct an argument (Chapter 7). The material in this book has been used by access to law students, LLB students and at Masters level to explain and reinforce connections between texts in the construction of argument to non-law students beginning study of law subjects.

2012 ◽  
pp. 16-16
Keyword(s):  
European Community ◽  
Law Students ◽  
Philosophical Argument ◽  
Crucial Importance ◽  
Legal Rules ◽  
Legal Method ◽  
Legal Problems ◽  
The Law ◽  
Relationship Of ◽  
The Relationship

Patterns of Development in International Fishery Law

1974 ◽  
Vol 11 ◽  
pp. 37-47
Author(s):  
Gerald R. Ottenheimer
Keyword(s):  
Continental Shelf ◽  
Law Of The Sea ◽  
The Past ◽  
Fishery Resources ◽  
Legal Problems ◽  
The Law ◽  
Ocean Law ◽  
International Fisheries

The uncertainty surrounding the outcome of the imminent Law of the Sea Conference is inevitable in the light of the lack of consensus on many of the most pressing problems of ocean law. Nowhere is this lack of agreement more evident than in the law regulating the world’s fishery resources.During the past few years the attention of international lawyers and experts in related disciplines has been focused on the crucial considerations of continental shelf and ocean bed resources. Yet the legal problems related to international fisheries persist and increase.

Precedent in the Southern Hemisphere

1970 ◽  
Vol 5 (1) ◽  
pp. 1-41
Author(s):  
Garfield Barwick
Keyword(s):  
Southern Hemisphere ◽  
Privy Council ◽  
Legal Problems ◽  
Wide Circle ◽  
The Law

I am most honoured to have been asked to deliver this lecture in the series of the Lionel Cohen Lectures in this University. During the years I practised as an advocate I had the privilege and advantage of appearing in London on more than one occasion before a board of the Judicial Committee of Her Majesty's Privy Council of which Lord Cohen was a member. May I respectfully say that in the argument of cases before him I came to appreciate his knowledge of the law and the perceptiveness of his mind in the resolution of complex legal problems. I always appreciated his unfailing courtesy and patience with counsel even when perforce counsel in the course of duty had to put what his Lordship thought was a bad and even an untenable argument. Also, I came to know him personally and joined the wide circle of his friends. I am very delighted to be now participating in a public acknowledgement of Lord Cohen as a jurist and as a man.

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