scholarly journals FORENSIC SCIENCE POSIBILITIES WITHIN THE FRAMEWORK OF CRIMINAL PROCEEDINGS WHILE AVIATION ACCIDENTS

2021 ◽  
Vol 3 ◽  
pp. 56-64
Author(s):  
M. Nechyporuk ◽  
V. Pavlikov ◽  
A. Ivanović ◽  
Nataliia Filipenko
Keyword(s):  
Law Enforcement ◽  
Forensic Science ◽  
Aviation Industry ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Aviation Accidents ◽  
Criminal Offenses ◽  
Forensic Institutions ◽  
Specialized Institutions ◽  
Specific Expertise

The article analyzes conceptual framework for specific expertise use while conducting forensic examinations related to aviation accidents. Foundations of such activities have been developed. In particular, it is stressed that effective implementation of criminal proceedings depends to a greater extent on the results of expert researches, especially if it is a complex process of aviation accident investigation. Similarly, the quality of expert researches depends on organization of research institutes activity regarding creation of effective methodologies for the analysis of different physical evidence obtained at the aviation accident scene. By using specific expertise, employees of forensic institutions independently or jointly with employees of other specialized institutions, law enforcement agencies, specialists-doctors can advance methods of expert research and, consequently, combat criminal offenses or ensure timely detection of the offender whereabouts. The possibility of expanding the compulsory appointment of forensic examinations in aviation accident criminal proceedings is being considered. Factual and legal grounds for the appointment and conduct of a forensic examination in this case are outlined. Scientifically substantiated recommendations on directions of counteraction to attacks on the aviation industry facilities are suggested, as well as the algorithm for developing innovations for the needs of law enforcement agencies is proposed. It is emphasized that the use of forensic science possibilities within the framework of a criminal proceeding related to aviation accidents is quite influential, since it helps to perform a multidisciplinary professional analysis of evidence, facilitate organization of forensic experts’ work, protect the rights of citizens and contribute to fulfillment of justice tasks in general.

scholarly journals Conceptual problems of investigation and prevention of enforced disappearance of persons in the conditions of armed aggression

2021 ◽  
Vol 39 (69) ◽  
pp. 60-73
Author(s):  
Dmytro Mirkovets ◽  
Volodymyr Atamanchuk ◽  
Sergii Marko ◽  
Irina Dubivka ◽  
Antonina Matsola
Keyword(s):  
Law Enforcement ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Offenses ◽  
General Scientific ◽  
Points Of View ◽  
Conceptual Problems ◽  
Systemic Problems ◽  
The Right ◽  
Southern Ukraine

The article highlights the results of a study of the situation with official investigations into criminal offenses related to the enforced disappearance of persons in the context of armed aggression in eastern and southern Ukraine. The example of individual criminal proceedings presents some systemic problems that arise during the investigation of the facts of disappearance and suggests possible ways to solve them. There are several «blocks» of problems that lie in the field of criminal law, criminology, and criminal procedure. The points of view of scientists and practitioners on this problem are highlighted. It is concluded that Ukraine, in today’s conditions, needs to take measures aimed at improving the legal mechanisms of observance and protection of the right of persons staying in its territory to freedom from enforced disappearance, as well as intensifying law enforcement agencies to prompt, complete and impartial investigation of such facts, their proper qualification, search for victims, identification of those responsible for their disappearance, ensuring that victims receive timely and adequate compensation. The methodological basis for writing the article was a dialectical-materialist method, as well as the set of general scientific and special methods and techniques of scientific knowledge.

scholarly journals Forensic support of the activities of forensic science institutions and pre-trial investigation and inquiry bodies in counteraction to crime

2021 ◽  
Vol 23 (1) ◽  
pp. 61-74
Author(s):  
O. Yukhno
Keyword(s):  
Law Enforcement ◽  
Forensic Science ◽  
Dna Analysis ◽  
Molecular Genetic ◽  
Legal Framework ◽  
Modern State ◽  
Law Enforcement Agencies ◽  
Scientific Paradigm ◽  
Criminal Offenses ◽  
Forensic Expert

 Pressing issues of forensic support of activities of pre-trial investigation and inquiry bodies in countering criminal offenses are outlined. The concept and essence of crime counteraction are considered. The article analyzes the national criminal procedural legislation, departmental regulatory legal framework and their amendments concerning the direction under study, genesis of scientific findings on theoretical and applied issues of forensic support of the activities of pre-trial investigation and inquiry bodies in this direction, as well as the genesis of the concept and essence of forensic science as a science. The modern state of the development of forensic science, current high-priority issues and feasibility of changing the scientific paradigm of forensic science as well as the use of innovations are studied; ways for their improvement are proposed. Theoretical and applied problematic issues of criminalistics are subject to thorough study and resolution. Fundamental changes are required both in criminalistics in general and in particular in its individual areas. The current legislation, law enforcement agencies, forensic science institutions, prosecutors’ bodies and judicial bodies, as well as law enforcement, in which modern advances in science and technology (in particular, computer and telecommunication technologies) are being implemented should be reformed. The article highlights such problematic issues as the improvement of the forensic characteristics of cer-tain types of crimes, forensic techniques combining forensic techniques and tac-tics. The issue of further implementation in law enforcement and forensic expert activities of promising molecular genetic examinations for pre-trial investigation bodies, including the method of DNA analysis is outlined separately and fully. Relying on the results of research, specific author proposals and recommenda-tions are provided on the studied area of activity in general and in individual directions.

scholarly journals Psychological Analysis of Informational Materials: Establishing a New Type of Forensic Psychological Evaluation and a New Forensic Science Specialty

2019 ◽  
Vol 14 (1) ◽  
pp. 35-43
Author(s):  
Т. N. Sekerazh
Keyword(s):  
Law Enforcement ◽  
Forensic Science ◽  
Training Programme ◽  
Psychological Research ◽  
Law Enforcement Agencies ◽  
Forensic Institutions ◽  
New Type ◽  
State Organizations ◽  
Training Programmes ◽  
Psychological Expertise

The need for the imposition of the new expert specialty stems from the law enforcement agencies’ demand for psychological research of informational materials in cases involving extremism and terrorism display, indecent assaults on the Internet, corruption offences, inducement and instigation of suicide, propaganda of nontraditional sexual relations among minors, propaganda of Nazi symbols and emblems and many others. Formation particularities of the new type of forensic psychological expertise and the new expert specialty ‘Psychological research of informational materials’ in the Russian Ministry of Justice forensic institutions are contemplated. The defnitions of subject and objects of this type of expertise as well as of the term ‘informational material’ are given. In the context of experts’ further vocational retraining problem it is underscored that during the public forensic experts’ preparation for the Russian Federal Centre of Forensic Science of the Russian Federation Ministry of Justice system an innovative author’s further vocational training programme in expert specialty ‘Psychological research of informational materials’ is used. Meanwhile some non-State organizations, the so-called non-proft organizations, providing educational and certifcation services in the forensic feld apply the same specialty description furnishing non-original content. As a result, the members of law enforcement agencies and judges appointing an expertise form a misconception about the qualifcation of the experts having such certifcates. The unifcation of experts’ training programmes for state and non-state organizations can change the situation and improve the quality of services in forensic psychology as well as the implementation of mandatory experts’ certifcation, training programmes and materials licensing and the governmental control of the certifying organizations.

scholarly journals The sources of forensic recommendations for collection, examination and use of evidence in criminal proceedings

2020 ◽  
Vol 4 (92) ◽  
pp. 166-176
Author(s):  
А.В. Коваленко
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Forensic Science ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Sound Sources ◽  
European Court ◽  
Criminal Offenses

The article is devoted to identifying the main sources of forensic recommendations for the collection, examination and use of evidence in criminal proceedings. The author emphasizes that the relevance, sufficiency, practicality and methodological literacy of these recommendations should be ensured by the use of appropriate scientifically sound sources for their formation. The sources of formation of such recommendations are: the most relevant provisions of forensic science; provisions of the legislation of Ukraine on criminal liability and provisions of the science of criminal law; provisions of the criminal procedural legislation of Ukraine and achievements of science of criminal procedure; legal positions formulated by the European Court of Human Rights; the practice of detection, investigation and trial of criminal offenses; scientific provisions of other (non-legal) sciences, which are integrated by forensic science and implemented in law enforcement practice.

scholarly journals THE SYSTEM OF LAW ENFORCEMENT AGENCIES INTERACTING WITH FORENSIC SCIENCE INSTITUTES

2020 ◽  
Vol 22 (2) ◽  
pp. 211-225
Author(s):  
S. Naumenko
Keyword(s):  
Law Enforcement ◽  
Forensic Science ◽  
General Category ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Regulatory Frameworks ◽  
Common Goals ◽  
Special Knowledge ◽  
Forensic Scientists ◽  
The Concept Of Law

The article outlines the content and features of the system of law enforcement agencies interacting with forensic science institutes. The concept of law enforcement agencies and their system are studied. The characteristics of the general category of interaction of law enforcement agencies with forensic science institutes have been determined. Signs of interaction of forensic science institutes with law enforcement agencies have been established. It is also found that today problems of cooperation of law enforcement agencies with forensic scientists require detailed study and identification of gaps in legal and regulatory frameworks, determination of ways for their elimination. It should be emphasized that signs of cooperation of forensic science institutions with law enforcement agencies may include the following: joint activity of the indicated legal entities regulated by administrative regulations and other fields of law; agreed on goals, tasks, place, time, means and methods of activity; aimed at achieving common goals and results; the content of interaction is determined by set tasks and results, it is aimed at fulfilling them; parties bear responsibility for nonperformance or improper execution of interaction tasks. Cooperation of forensic science institutes with law enforcement authorities called to provide skilled, rapid and objective execution of criminal proceedings tasks as well as application of special knowledge in other areas of law-enforcement activity.

scholarly journals Prosecutor, as guarantor of legality during registration statements, reports on committed criminal offenses: problems and reality

2019 ◽  
Vol 31 (1) ◽  
pp. 194-202
Author(s):  
K. Shapovalovа
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
National Legislation ◽  
Criminal Offenses ◽  
Practical Recommendations ◽  
Investigation Information

The article deals with the issues of procedural ensuring of consideration of applications and reports on criminal offenses committed in the activities of the investigation authorities, analyzes the peculiarities of the supervisory activity of the prosecutor at this stage of criminal proceedings, identifies his powers, the main criteria for assessing the effectiveness of prosecutorial supervision over observance of laws in the activities of investigating agencies, generalized violations  in the form of not entering into the Uniform Register of pre-trial investigation information about criminal law enforcement.  Based on the analysis of the CPC of Ukraine, departmental orders and instructions of law enforcement agencies that regulate the issues of filing and reviewing applications and reports on criminal offenses, the algorithm of the actions of the prosecutor on ensuring compliance with the lawfulness of the investigation bodies during the reception, registration, registration and consideration of applications is determined and characterized, reports of criminal offenses committed.  A number of theoretical provisions, conclusions and practical recommendations aimed at improving the norms of the national legislation and increasing the efficiency of the prosecutor's activity in the field of criminal proceedings are formulated.

scholarly journals ON THE CONSTRUCTION OF CRIMINAL CHARACTERISTICS OF CRIMINAL OFFENSES AGAINST PUBLIC ORDER

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 200-206
Author(s):  
О. А. Антонюк
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Public Order ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Offenses ◽  
Internal Properties ◽  
The Individual ◽  
Effective Use

The relevance of the article is that the construction of any system depends on probable connections that will stably and logically reflect its internal properties. This statement can also take place in the construction of a forensic characterization of criminal offenses against public order. After all, it is the correlations that exist between the individual elements of the studied category that are the basis of its most effective use by law enforcement officers. At the same time, it is necessary to determine the content of the relevant components of the forensic characteristics of the investigated group of illegal acts. After all, there are a large number of works of criminologists in this regard. The scientific article is devoted to the study of some aspects of the investigation of criminal offenses against public order. The peculiarities of forensic characteristics as an element of the methodology of investigation of a certain category of criminal offenses are considered. The author emphasizes that the filling of forensic characteristics of criminal offenses against public order must meet the needs of law enforcement agencies. That is, to be optimal and informative enough to be able to use information about specific elements of the studied category to achieve the objectives of the investigation. Based on the study of scientific sources, analysis of materials of criminal proceedings and questionnaires of law enforcement officers, we outlined the filling of the forensic characteristics of offenses against public order with the following components: the method of committing a crime; the subject of criminal encroachment; the circumstances of the crime; trace picture; the identity of the offender; the victim's identity. It is determined that the separation of these elements in addition to all of the above is also determined by their necessary search direction: the selection of typical components formulates the real possibilities of individual investigative versions during the investigation and allows more efficient various procedural actions.

scholarly journals PLANNING A CYBERCRIME INVESTIGATION USING AN ARTIFICIAL NEURAL NETWORK

2021 ◽  
pp. 578-588
Author(s):  
Ya. Nedilko
Keyword(s):  
Neural Network ◽  
Information Technology ◽  
Artificial Neural Network ◽  
Law Enforcement ◽  
Action Plan ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Reasonable Time ◽  
Criminal Offenses ◽  
Artificial Neural

The article deals with the lack of a clear sequence in the actions of the investigator and the ineffective use of scientific and technical means during the pre-trial investigation of cybercrimes, in most cases, does not help to identify the perpetrators and bring it to justice. Planning plays a significant role in the effective investigation of criminal offenses committed with the use of information technology (cybercrimes). To determine the essence of planning an investigation, its formation in forensic science was analyzed. The definition of the concept of “planning cybercrime investigation” is given. In our opinion, crime investigation planning should be understood as a pre-planned action plan of an investigator in a specific criminal proceeding to investigate cybercrimes, which is drawn up both by the investigator (orally or in writing) and with the help of information technology software (programs). We suggest using an artificial neural network when planning a cybercrime investigation, since the main thing in an artificial neural network is that it is not programmed, but is trained based on examples. We fully share this point of view and believe that on the basis of successful and unsuccessful plans for investigating criminal offenses committed using information technologies (cybercrime), it is possible to teach an artificial neural network to develop (program) a specific investigation plan in appropriate situations, as well as analyze existing investigation plans to find and eliminate errors. It is worth noting that this Cybercrime Investigation plan, compiled by an artificial neural network, should be of a recommendatory nature. Any edits, changes, etc., as well as decisions on carrying out certain procedural or tactical actions proposed in the plan by an artificial neural network, should be made exclusively by the investigator. The use of an artificial neural network when planning a cybercrime investigation will contribute to: 1) the investigator’s ability to effectively and quickly investigate cybercrime; 2) save time in scheduling a cybercrime investigation; 3) providing the most appropriate tactics and methods that should be applied during the pre-trial investigation of cybercrime; 4) a low probability that the investigation will come to a standstill; 5) ensuring the protection of human interests in cyberspace; 6) educing procedural and tactical errors on the part of law enforcement agencies; 7) compliance with the requirements of a reasonable time during criminal proceedings. 4) it is unlikely that the investigation will come to a standstill; 5) ensuring the protection of human interests in cyberspace; 6) reduction of procedural and tactical errors on the part of law enforcement agencies; 7) compliance with the requirements of a reasonable time during criminal proceedings.

scholarly journals The exchange of self-incriminating information of athletes between sports organisations and law enforcement

2021 ◽  
Author(s):  
Björn Hessert
Keyword(s):  
Law Enforcement ◽  
Role Model ◽  
Social Impact ◽  
Professional Sports ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Intelligence Gathering ◽  
As Doping ◽  
The Social ◽  
Personal Consequences

AbstractSports organisations generally have the burden of proving sports rule violations of sportspersons subject to their rules and regulations. Sports rule violations can generally be proven by any reliable means. A common approach taken by sports organisations in this respect is the implementation of so-called cooperation and reporting obligations embedded in their regulations. On this basis, athletes can be obliged to provide all kind of documentary evidence related or unrelated to the matter under investigation. This may cause problems to the privilege against self-incrimination of athletes. In addition, obtaining self-incriminating information in internal sports investigations carried out by private sports organisations can have legal and personal consequences that go well beyond the professional life of athletes. The integrity of sport has been characterised as a public interest due to the social impact of amateur and professional sports in most societies. As a consequence, negative sports-related conduct, such as doping or the manipulation of sports competitions, has been criminalised in various national laws to protect sporting values and preserve the role model function of athletes for young members of our society. This development has led to cooperation between sports organisations and law enforcement agencies, such as prosecutors and the police. Specifically, both collaborate in order to assist the other party’s investigations of sports rule violations and criminal offences, respectively. However, the exchange of intelligence between sports organisations and law enforcement may cause some legal tension. If the same misconduct of athletes leads to both internal sports investigations and criminal proceedings, athletes could be forced to provide self-incriminating information in internal sports organisations, which could then be subsequently transmitted to law enforcement. This system of intelligence gathering raises serious concerns regarding the procedural fairness thereof, keeping in mind the detrimental effects for sportspersons under investigations. A closer look is thus necessary to the legitimacy of the exchange of intelligence. Therefore, the aim of this article is to shed some light on this issue and clarify if and under what conditions internally obtained evidence can be passed on to law enforcement agencies.

scholarly journals Circumstances to Be Clarified under the Investigation of Interference into Law Enforcement Officer’s Activity

2021 ◽  
Vol 81 (2) ◽  
pp. 97-103
Author(s):  
V. O. Gusieva
Keyword(s):  
Law Enforcement ◽  
Criminal Liability ◽  
Demographic Data ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Enforcement Officer ◽  
Criminal Offenses ◽  
Procedural Costs ◽  
Detailed List ◽  
Law Enforcement Officer

The author has substantiated the need to establish the circumstances to be clarified and has determined their significance during the investigation. It has been emphasized that the circumstances to be clarified include the circumstances to be proved in criminal proceedings, criminal and forensic characteristics of a criminal offense. In order to determine the circumstances to be clarified during the investigation of interference in the activities of a law enforcement officer, the author has studied the circumstances to be clarified within the group of criminal offenses related to obstruction of the activities of a law enforcement officer, as well as during the investigation of interference in the activities of a forensic expert. Taking into account the specified scientific provisions, the author has defined a detailed list of circumstances to be clarified during the investigation of interference in the activities of a law enforcement officer. It has been established that the circumstances to be clarified during the interference in the activities of a law enforcement officer include: 1) circumstances related to the criminal offense, namely: time, place, situation and traces of a criminal offense, methods of its commission (preparation, direct commission and concealment), tools and means used during the interference, the scope of procedural costs; circumstances that are the basis for ceasing criminal proceedings; the reasons and conditions that contributed to the commission of a criminal offense; 2) circumstances related to the identity of the victim, including: socio-demographic characteristics of the victim, place of work, position held; official and functional responsibilities, the victim’s belonging to a law enforcement agency during the commission of a criminal offense against him; the type and scope of damage caused to the victim; 3) circumstances related to the identity of the offender, namely: socio-demographic data of the offender, physiological and psychological condition, gender, citizenship, financial status, place of work, the record of criminal conviction and the facts of bringing to administrative liability; the presence of dependent disabled people; the presence of guilt in the form of direct intent, the purpose of the action; circumstances that aggravate or mitigate the punishment of the offender are grounds for releasing from criminal liability or punishment that exclude criminal liability; presence of accomplices.

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