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”

scholarly journals Correspondence between the Terms and Defnitions of the International Standard ISO 21043-1-2018 and Terminology Developed by National Forensic Expertology

2019 ◽  
Vol 14 (1) ◽  
pp. 44-49
Author(s):  
E. V. Chesnokova
Keyword(s):  
Forensic Science ◽  
Legal System ◽  
International Communication ◽  
International Standard ◽  
Forensic Examination ◽  
Forensic Practice ◽  
The Subject ◽  
Forensic Expert ◽  
Expert Practice

The issue of developing a uniform language for international communication in the feld of forensic science is considered. The matters of relative maturity of domestic forensic expert terminology and peculiarities of translated terms usage in forensic expertology and forensic practice are discussed. The concept of expertise subject formulated by modern leading scientists is analyzed, the conclusion is made about the subject of forensic examination as a process of establishing facts and circumstances, the purely applied nature of the concept, as well as the similarity to the defnition of expertise in the ISO international standard. Specifc examples are given. The need to translate some foreign standards into Russian and to adjust and implement several of their provisions in domestic legal system and expert practice to standardize forensic and expert activity is emphasized.

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).

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 The significance of non-invasive methods of document examination in evidentiary proceedings

2019 ◽  
Vol 51 ◽  
pp. 65-79
Author(s):  
Rafał Cieśla
Keyword(s):  
Social Interaction ◽  
Legal Proceedings ◽  
Non Invasive ◽  
Forensic Examination ◽  
Examination Methods ◽  
Document Examination ◽  
Effective Use

Due to a document’s important role in social interaction it is frequently forged or counterfeited, which has its impact on penal, civil and administrative legal proceedings. In the interest of evidential proceedings it is paramount that a document suffers minimum damage during an examination. Moreover, due to the need to implement various examination methods and the limitations of their effectiveness, the results of document examination sometimes fall short of expectations, which is reflected in the ambiguity of final conclusions. This article discusses effective use of non-invasive methods in forensic examination of documents. The presented case involved several non-invasive methods, including colorimetry. Confronting a few methods implemented in a particular case of document examination increases the accuracy and objectivity of its results and improves chances for formulating correct final conclusions

CRITERIA FOR ASSESSING THE EFFECTIVENESS OF THE JUDICIAL SYSTEM

2021 ◽  
Author(s):  
Mariana Khmyz ◽  
Keyword(s):  
Judicial System ◽  
Criteria And Indicators ◽  
Legal Proceedings ◽  
Judicial Practice ◽  
The Creation

Based on the study and generalization of the judicial practice of Ukraine, the article reveals the features of assessing the effectiveness of the courts, presents a system of criteria and indicators of the effectiveness of legal proceedings, which will contribute to the creation of a perfect judicial system, and on the basis of this formulated the appropriate conclusions.

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 Questioned document examination with the use of alternative and complementary non-destructive methods

2021 ◽  
Vol 57 ◽  
pp. 149-167
Author(s):  
Rafał Cieśla
Keyword(s):  
Forensic Science ◽  
Legal Proceedings ◽  
Examination Methods ◽  
Document Examination ◽  
Reliable Knowledge ◽  
Important Position ◽  
Non Destructive ◽  
Destructive Methods

Questioned document examination occupies an important position in forensic science. Its purpose is to provide the authority conducting legal proceedings with reliable knowledge confirming or excluding authenticity of a document, therefore every effort should be made to use relevant and legally admissible examination methods. For many years reliable non-destructive methods have been developed, whose use in expert examination will enable subsequent control both by the authority conducting legal proceedings and other parties in the proceedings. This article proposes the use of alternative non-destructive methods in examination of documents.

Experts and expert reviews on the pages of literary works

2021 ◽  
Author(s):  
Elena Chubina
Keyword(s):  
Federal State ◽  
Law Schools ◽  
Legal Proceedings ◽  
Educational Standard ◽  
Forensic Examination ◽  
Training Plan ◽  
History Of ◽  
Judicial Proceedings ◽  
Special Knowledge ◽  
State Educational

The textbook presents a system of case tasks, the purpose of which is to form a circle of necessary knowledge among students about the nature of expert activity, about the history of the use of special knowledge in legal proceedings, about the variety of existing types of forensic examinations, about the possibilities of using the results of forensic expert activity in law enforcement practice. The tasks are compiled in accordance with the requirements of the Federal State Educational Standard for Higher Education (3++) in the specialty 40.05.03 "Forensic Examination". The presented cases can be used in practical classes in the disciplines "Theory of forensic examination" and "Participation of a specialist in procedural actions". The textbook will also be useful as part of the course "Expertise in judicial proceedings", which is included in the training plan 40.03.01 "Jurisprudence" (bachelor's level), specialty 40.05.01 "Legal support of national security" (specialty level), specialty 40.05.04 "Judicial and prosecutorial activities" (specialty level). For students, postgraduates and teachers of law schools.

USE OF LEGAL PRINCIPLES WHICH DETERMINE FACTS OF LEGAL PROCEEDINGS

2018 ◽  
Vol 4 (2) ◽  
pp. 411-422
Author(s):  
Anna Kęskiewicz
Keyword(s):  
Environmental Protection ◽  
Current Situation ◽  
Legal Certainty ◽  
Legal Principles ◽  
Legal Proceedings ◽  
Court Proceedings

Application of legal principles in determining the factual state in court proceedings. The first part generally consists of legal certainty that has been understood in various ways. In addition, focusing on different rules of law - where you can find important regulations, along with the information that this problem has many aspects. The analysis is not outside a decision based on a national law standard. It is based on information about the current situation and the prospects for improving the environmental protection model.

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. 

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