FEATURES OF DEFINITION BY THE COURT EXPERT COMPETENCES

Author(s):  
Yu.S. Kudryavtsev
Keyword(s):  
2016 ◽  
pp. 117-128
Author(s):  
Monika Dziewulska

The author explains the institution of a court expert in enforcement proceedings, describing problems in historical perspective, primarily referring to the regulations contained in the Code of Civil Procedure of 1932. Particular attention is given to the regulations contained in Article 853 of the current Code of Civil Procedure, by submitting proposals under at the legislature for the introduction of the obligation probable allegations made in the complaint to estimate the movables of the debtor or creditor as well as the need for the appointment of an expert by a bailiff if the bailiff does not have knowledge in a particular field and can not independently make estimates.


Author(s):  
Elina Sergeevna Sarygina

The research subject is the scientific, organizational and methodical regularities of judicial and examination activities during the research of finance-credit relations. Special attention is given to the key provisions of finance-credit examinations and the peculiarities of their commissioning. The author uses the categories and laws of dialectical and formal logic along with general scientific methods of scientific cognition (observation, description, comparison, systematization, formalization, etc.), and specific methods (comparative-analytical and system-structural). The author also uses the techniques of the interdisciplinary approach since the research requires knowledge in the field of procedural and substantive law, theory of court examination, economics and banking law, which determines the comprehensive nature of the research. From the viewpoint of modern scientific knowledge, the author attempts to analyze court examination as an independent class of judicial economic examinations which includes objects, subclasses, typical tasks and scientific and methodical recommendations for law enforcement officers about commissioning such examinations. The research addresses the main provisions of the subtheory of a judicial finance-credit examination which either haven’t been described sufficiently enough in the scientific works, or haven’t been systematised. The author’s recommendations are aimed at unification of the judicial practice of commissioning and assessment of the results of a judicial finance-credit examination. The formation of a comprehensive idea about this examination and its modern state is necessary for the implementation of its possibilities by an investigator, a court or an inquiry officer within criminal proceedings. The result of the research is the development of recommendations for law enforcement officers about the peculiarities of commissioning of a court tax analysis in governmental and nongovernmental criminal expertise institutions connected with the peculiarities of preparation of research objects and the specificity of issues subject to the consideration of a court expert; the author formulates the list of questions to an expert.


Author(s):  
Winfried Tilmann

A Court expert provides evidence that may be employed by the Court if its knowledge, including the level of knowledge gained from the evidence produced by the submissions of the parties and the evidence submitted by them, is not sufficient to reach a decision. Legally, it is classed as part of the sequence of all evidence in the case (Art 53(1) UPCA), and does not have a higher status than other evidence available to the Court or the technical explanations provided in the pleadings by the parties or their oral submissions together with demonstrations merely because the evidence of that expert has been employed by the Court.


Author(s):  
Hans-Jürgen Ahrens
Keyword(s):  

Where the Court must resolv e a specific technical or other question in relation to the action, it may of its own motion, and after hearing the parties, appoint a court expert.


Author(s):  
Hans-Jürgen Ahrens

Rule 187 relates to a section of the provisions on the management of legal proceedings by the Court hearing the case. Factually, this concerns the parties’ right to be heard, which could be expressed more appropriately. It is apparent from this Rule in conjunction with Rule 186.6 that the parties are entitled to question the Court expert in the oral hearing.


Author(s):  
Hans-Jürgen Ahrens
Keyword(s):  

Rule 188 makes reference to provisions for witness evidence stipulated in Rules 178–180. The same referencing technique is used in Rule 181 for experts appointed by the parties; in this case, however, the reference is extended to Rules 175–177.


2015 ◽  
Vol 11 (1) ◽  
Author(s):  
Jacek Dygut ◽  
Sylwia Płonka

AbstractThis article presents an example application of an e-learning tool for presenting cases with the aim of acquainting medical students with the procedures performed by a court expert in assessing causes and effects of an accident at work.The present publication is based on medico-legal expertise dealing with the case of a 51-year-old manual worker of a carpentry company who, due to lack of proper training in handling the machine, severely injured his hand. The main advantage of this publication is the presentation of a series of cause-effect events at every stage of the patient’s treatment that led to minor and major complications and adverse effects. Their starting point was the employer’s evident error, i.e., failure to provide the worker with proper training in handling the machine.The discussed orthopedic case has been implemented in the CASUS base (mainly using the program “Virtual Patients” as tool for case presentation) in the form of a description of a properly carried out diagnostic procedure and equipped with the expert’s opinion and explanation of possible inappropriate decisions.


2019 ◽  
Vol 68 (1) ◽  
pp. 79-100 ◽  
Author(s):  
Przemysław Rodwald

The aim of the article is to present the password breaking methodology in case when an attacker (forensic investigator, court expert, pen tester) has imposed time restrictions. This is a typical situation during many legal investigations where computers are seized by legal authorities but they are protected by passwords. At the beginning, the current state of law in that matter is presented, along with good practices in seizing the evidence. Then, the ways of storing static passwords in information systems are showed, after which various classes of password breaking methods are reviewed (dictionary, brute-force, rule, combinator, mask, hybrid, etc.). The most popular tools supporting this process are listed as well. The main part of the paper presents the original strategy of conducting an attack on a single hashed password with time constraints. Costs as well as economic efficiency for four different hardware solutions (laptop, gaming computer, rig with 6 GPU’s, cloud computing) are discussed. The calculations are shown on the example of two real attacks carried out by the author in the real legal cases. Keywords: passwords, breaking passwords, hash functions, computer forensics.


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