scholarly journals Expert prevention: concept, subject and object

Author(s):  
Nataliya Filipenko ◽  
Oleksandr Snigeryov

This article analyzes the conceptual foundations, views and ideas on understanding the essence of expert prevention. Essence of expert prevention lies in the influence of relevant subjects on crime through the use of specific expertise. That means that subject of forensic examination of each kind and type should be attributed to the study of circumstances on the basis of which scientific, organizational and technical measures of a preventive nature can and should be developed. The empirical prerequisites for the emergence and development of forensic research have been investigated: accumulation of empirical facts in the theory of forensic science and other sciences, manifestation of integration processes. Formation of theoretical and applied foundations of private theory of expert prevention. The concept and structure of the private theory of expert prevention, its place and role in the theory of forensic science and judicial examination are considered. It is noted that the study of the current state of the theory and practice of private expert theory has allowed to establish that it has a common beginning and justification. Private theory of expert prevention as a system of interconnectedness includes: idea, principles, great empirical material, which is the cornerstone of the theory, general and specific tasks, functions and goals of the theory, etc. On the basis of the conducted analysis it is proved that the principles of a systematic approach and construction, which provide its structure, connection with the general theory of forensic examination and the general theory of criminology, a combination of theoretical and applied (practical) researches serve as a justification for the creation of a private theory of expert prevention. It is emphasized that the formation of the theory of expert prevention is the need to create this theory in order to successfully combat crime specific expertise using. The relation between the concepts of "general forensic theory" and "private theory of expert prevention" has been investigated, since ambiguity of both scientific understanding and practical application is one of the main problems that cannot be overcome in the forensic research of the phenomenon of expert prevention. appropriate conceptual categorical apparatus.

2020 ◽  
Vol 22 (2) ◽  
pp. 179-192
Author(s):  
A. Polianskyi ◽  
G. Juodkaite-Granskiene

The article analyzes conceptual foundations, views and ideas as to understanding of the essence of the classification of forensic science general theory tasks. The main views of scientists concerning classification of forensic examination typical tasks are analyzed. Information is established by examining properties of individual objects or characteristics of several objects interaction process. Special (individual) tasks of the forensic science general theory include: research on the development and formation of forensic examination types, expansion of the scope of their practical application; design of the latest types and kids of forensic examinations in connection with the emergence of modern facilities or improvement of methods and techniques existing in forensic practice; modernization of software for an expert workstation; improvement of the practical activities of forensic experts and emergence of scientific research innovative tasks in the field of forensic science; planned enhancement of existing scientific knowledge and improvement of general and individual theories of forensic science; development (taking into account current realities) of methods and techniques for assessing an expert conclusion. Having analyzed the trends in the development of individual theories of forensic science and forensic practice, we suggest to supplement the outlined special tasks of forensic science theory with the following: development of systemic links between state and non-state entities of forensic activity; development and rationalization of organizational foundations of forensic activity, including the development of an individual rating of a particular forensic expert and of a forensic science institute in general. It has been proved that a scientifically grounded classification of forensic science general theory tasks and general tasks of practical forensic activity increases efficiency of forensic activity implementation, helps to identify and investigate crimes, to establish circumstances to be proved in a particular case in the manner stipulated by a corresponding procedural legislation of Ukraine.


Author(s):  
Vitaliy Elyotnov ◽  

The article examines the key provisions of traditional and developing branches of forensic technology as a branch of the forensic science. The article analyzes modern publications of domestic and foreign scientists dedicated to the problems of forensic technology. Discussion issues and gaps existing in the theory and practice of such branches of forensic technology as forensic photography and video recording, forensic phonoscopy, forensic traceology, forensic weapons science, forensic documentation, forensic research of substances, materials and products, forensic registration, etc. The opinions of individual forensic scientists on the resolution of controversial issues of forensic technology are given. The scientific directions that have not received at present recognition of independent branches of forensic technology are indicated. The promising areas of research in the framework of the branches of forensic technology are named, the main trends of its further development are formulated.


2017 ◽  
Vol 12 (3) ◽  
pp. 54-61 ◽  
Author(s):  
E. R. Rossinskaya

The article pays tribute to the creative legacy of the Distinguished Scientist, Doctor of Law, Professor RS. Belkin, who is credited with developing the theoretical, methodological, procedural and organizational foundations of forensic science and its general theory (forensic expertology). The author examines how his proposals for improving legal norms on criminal procedure and forensic science have been translated into current practice.


2021 ◽  
Vol 23 (1) ◽  
pp. 99-106
Author(s):  
S. Paraschiv ◽  
S. Onoprienko ◽  
I. Spasenko

While forensic research, obtained results should be evaluated in order to ensure adoption of correct conclusion regarding the research object. For this purpose forensic experts should use established decision rules to substantiate a statement about conformity of an object or certain requirements, or parameters, or characteristics. Currently, the need to ensure that a decision is made based on results of forensic examination using the concept of decision rules is constantly increasing. Therefore, consideration of the issue of establishing rules for making decisions while forensic science activity at international and national levels is relevant. Relevance of this issue is justified not only by the requirements of ІSO/ IEC 17025:2017 for testing laboratories but by the requirements for the objectivity of expert opinion. ISO/IEC 17025:2017 recognizes that there is no single rule for deciding on conformity. In other words, in a specific situation there will be its own decision making rule. This also applies to forensic science activity. Therefore, this article purpose is necessary for forensic science activity to determine: general guidelines for choosing appropriate decision-making rule; directives for determining the components of decision making rules depending on the object and the task of forensic examination; rules for applying certain requirements to the research results of carried out in accordance with requirements of research methods, research object and the type of quantitative or qualitative research. Thus, this article defines and considers the process of establishing the rules for making decisions, criteria which the rules for m


Russian judge ◽  
2021 ◽  
Vol 2 ◽  
pp. 32-35
Author(s):  
Olga S. Zalivokhina ◽  

The article is devoted to a separate type of information processes of forensic science. The author reveals the essence, content and relationship of the processes of interpretation, communication and processing of information in relation to expert practice. It is concluded that it is necessary to develop the doctrine of the means and forms of communicative activity in the production of forensic examinations and information processes within the framework of the general theory of forensic examination.


Author(s):  
А.И. Бастрыкин

В данной лекции содержится теоретико-практический материал, отражающий дискуссионные вопросы теории и практики организации и деятельности института судебной экспертизы в Российской Федерации. Специально показывается, что развитие цифровых технологий предъявляет повышенные требования к обеспечению подразделений СК РФ криминалистической и специальной техниками. Обосновывается важность целенаправленного взаимодействия государственных органов в вопросах объективизации доказывания в современных условиях, что естественно диктуют необходимость надежного подкрепления выводов следствия за счет мощного научного и методического фундамента экспертных исследований. Автор предлагает внимательно проанализировать действующую нормативную правовую базу с целью ее корректировки в направлении повышения действенности института судебной экспертизы в Российской Федерации. This lecture contains theoretical and practical material reflecting the debatable issues of theory and practice of the organization and activities of the Institute of Forensic Science in the Russian Federation. It is specially shown that the development of digital technologies imposes increased requirements on the provision of subdivisions of the RF IC with criminalistic and special techniques. The importance of purposeful interaction of state bodies in the objectification of evidence in modern conditions is substantiated, which naturally dictates the need for reliable support of the conclusions of the investigation due to the powerful scientific and methodological foundation of expert research. The author proposes to carefully analyze the current regulatory legal framework in order to adjust it in the direction of increasing the effectiveness of the institution of forensic examination in the Russian Federation.


2020 ◽  
pp. 40-51
Author(s):  
Y. Chornous

The scientific article describes the concept and essence of forensic support of criminal proceedings, defines the levels, directions and forms of its implementation. It is substantiated that forensic support is realized during the investigation and prevention of criminal offenses, as well as the judicial review of criminal proceedings (cases) using forensic means, methods, techniques according to certain levels, directions and forms. The levels of forensic support of criminal proceedings are distinguished, namely: local; regional; state; international. Considering the established system of forensics, according to which the development of theoretical foundations and practical recommendations of forensic support is based on the provisions of the general theory of forensic science, forensic techniques, tactics and methods, three main areas of forensic crime are defined: forensic. In this case, the general theory of forensic science is of methodological importance for the formation of their scientific foundations. According to the mentioned directions, the main forms of forensic support of criminal proceedings are distinguished: – in the direction of technical and forensic support: the use of technical means and methods of detecting, fixing, collecting, investigating the traces of crime, other forensically relevant information, including through the use of special knowledge, involving specialists in investigative (investigative) actions; fixing the course and results of investigative (investigative), court actions; maintaining criminal registration and forensic records systems; involvement of experts and carrying out of expertise; – in the direction of tactical and criminalistic support: improvement of existing and development of new tactical techniques and their complexes; formation of tactics of investigative (search) actions; – in the direction of methodological and forensic support: development of new methods of investigation of criminal offenses (according to the criminal law and forensic classification); formulating recommendations to increase the effectiveness of the method of investigation of certain types (groups) of criminal offenses. These levels, directions and forms of forensic support should be considered in the scientific and practical aspect, which consists in creating the scientific basis of the tools, methods and techniques used the formation of practical recommendations for their application. The unity of theory and practice ensures effective achievement of the set goals in the system of forensic support of criminal proceedings.


2021 ◽  
Vol 16 (8) ◽  
pp. 141-151
Author(s):  
I. A. Yaroshchuk ◽  
K. V. Grinevich

The paper highlights the current state of the theory and practice of forensic handwriting analysis of signatures, main provisions and definitions. Topical issues of the study of signatures as a kind of small volume handwriting objects are considered. The problems of the study of a signature produced by using high-tech devices, i.e. plotters, or draft machines, are touched upon. The authors carry out an analysis of such objects taking into account the pressure characteristics of the signature, the differentiation of the original signature and its imitation. The problems of the study of signatures made with the help of copiers and the ways of their solution are considered. Some topical problems of the theory and practice of forensic handwriting examination are presented, the need to adapt the theoretical provisions of certain private methods to modern handwriting objects is indicated. In addition, the paper deals with the use of special knowledge of experts in the field of forensic handwriting studies and technical and forensic examination of documents.


Author(s):  
Nadezhda Gryazeva

В статье изложен обзор современного состояния теории и практики предупреждения мошенничеств, совершаемых осужденными с помощью средств мобильной связи из учреждений уголовно-исполнительной системы России. Исследованы и оценены изменения законодательства, регулирующего рассматриваемую сферу правоотношений, предложения ученых относительно повышения эффективности борьбы с указанным видом мошенничеств, практические материалы. Обозначена проблема, связанная с отсутствием в данных официальной статистики о состоянии преступности в России сведений о количестве мошенничеств, совершаемых осужденными с помощью средств мобильной связи, что бывает необходимо для проведения научных и прикладных исследований, выработки мер по предупреждению и оценки их эффективности в борьбе с анализируемым противоправным деянием. Сформулированы рекомендации, направленные на повышение эффективности предупреждения «телефонных» мошенничеств, совершаемых осужденными в период отбывания наказания в исправительных учреждениях, в частности предложение правового характера, регулирующее сферу индивидуальной профилактики правонарушений, совершаемых осужденными, и предложение в области статистического учета преступлений и отчетности.The article presents an overview of the current state of the theory and practice of fraud prevention committed by convicts using mobile communications from institutions of the criminal Executive system of Russia. The changes in the legislation regulating the sphere of legal relations, the proposals of scientists on improving the effectiveness of combating this type of fraud, practical materials are studied and evaluated. There is a problem related to the lack of information in the official statistics on the state of crime in Russia on the number of frauds committed by convicts by means of mobile communication, which is necessary for scientific and applied research, the development of measures to prevent and assess their effectiveness in combating the illegal act in question. Recommendations have been made to improve the prevention of «telephone» fraud committed by convicted persons while serving their sentences in correctional institutions, in particular a legal proposal regulating the scope of individual prevention of offences committed by convicted persons and a proposal in the field of crime statistics and reporting.


2001 ◽  
Vol 1 ◽  
pp. 605-608
Author(s):  
Walter Rowe

At the beginning of a new millennium it seems a good idea to stop for a moment and take stock of the current state of forensic science. As a field of scientific research and scientific application, forensic science is a little more than a century old. Forensic science may be said to have begun in 1887 with the simultaneous publication of A. Conan Doyle’s A Study in Scarlet and Hans Gross’s Handbuch für Untersuchungsrichter. Conan Doyle’s novel introduced to the world the character of Sherlock Holmes, whose literary career would popularize the use of physical evidence in criminal investigations. Gross’s manual for examining magistrates suggests ways in which the expertise of chemists, biologists, geologists, and other natural scientists could contribute to investigations. Gross’s book was translated into a number of languages and went through various updated editions during the course of the century. The intervening century saw the development and application of fingerprinting, firearm and tool mark identification, forensic chemistry, forensic biology, forensic toxicology, forensic odontology, forensic pathology, and forensic engineering. Increasingly, the judicial systems of the industrial nations of the world have come to rely upon the expertise of scientists in a variety of disciplines. In most advanced countries, virtually all criminal prosecutions now involve the presentation of scientific testimony. This has had the beneficial effect of diminishing the reliance of courts on eyewitness testimony and defendant confessions.


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