scholarly journals EXPERT WITNESS IN UKRAINIAN LEGAL PROCEEDINGS

2019 ◽  
Vol 19 (1) ◽  
pp. 142-157
Author(s):  
M. Shcherbakovskiy ◽  
D. Kurylenko
Keyword(s):  
Expert Witness ◽  
Legal Regulation ◽  
General Concept ◽  
Background Information ◽  
Medical Examiner ◽  
Expert Witnesses ◽  
Criminal Records ◽  
Scientific Publications ◽  
Legal Proceedings ◽  
Legal Expert

The concept of Expert Witness is not covered by the procedural legislation of Ukraine, although it has become widespread in research papers of processional scientists. In scientific publications, scholars are fragmentarily considering certain categories of versed persons, formulate the notion of special knowledge that they possess, but the types of specialists, their functions and competence still remain controversial and ambiguously interpreted by lawyers. The purpose of this article is to define the general concept and functional purpose of expert witnesses in any type of legal process, their classification, to clarify expertise structure. This article proves that expert witnesses can have special (non-legal) expertise and expertise in the field of law. The purpose of involving expert witnesses is to assist the authorized participants of the process in the performance of their functions. Expert witnesses include: forensic expert; legal expert; specialist; translator, sign language interpreter, persons testifying on the basis of their expertise; medical examiner, teacher, psychologist, doctor, psychiatrist, auditor; inspectors; experts of the Scientific Advisory Board of the Supreme Court; consultants pre-investigate facilities, screening and forensic facilities and persons according to criminal records. There are two grounds for the classification of expert witnesses in legal proceedings: the first is the direct or indirect way of participation in the proceedings; the second is the degree of legal regulation of the process and results of the activities of expert witnesses. Expert witness in legal proceedings is subject owning expertise (non-legal) in a particular field of human activity or legal knowledge, skills in their application is not a professional participant in the process, is involved directly or indirectly in a procedurally regulated or non-regulated form or at the discretion of an authorized person (body) to assist in the resolution of the tasks of the judiciary and the information and documents provided by him are used as sources of evidence or background information serving grounds for procedural, tactical and organizational decisions.

The concept and legal status of an artificial land plot created on a water body that is completely or partly in federal ownership

2021 ◽  
pp. 380-384
Author(s):  
Zhdanova R.V. Zhdanova R.V. ◽  
T.O. Zyzina
Keyword(s):  
Legal Status ◽  
Alluvial Soil ◽  
Soil Mass ◽  
Legal Regulation ◽  
General Concept ◽  
Building Codes ◽  
Geological Environment ◽  
Scientific Publications ◽  
Water Object ◽  
Land Plot

The article deals with the general concept of an artificial land plot created on a water object and federally owned, completely or partly. The authors analyzed the normative legal acts and scientific publications, and investigated the concept etymology. The paper discusses legal regulation of artificially incremented territory, as well as building codes and rules that say that an artificial land plot is equally natural and man-made, as the alluvial soil mass interacts with the water object and the geological environment.

A Trial Consultant's View of the Medical Expert Witness

2013 ◽  
Vol 18 (4) ◽  
pp. 7-10
Author(s):  
Deborah Rutt ◽  
Kathyrn Mueller
Keyword(s):  
Nonverbal Communication ◽  
Expert Testimony ◽  
Medical Literature ◽  
Expert Witness ◽  
Personal Injury ◽  
Expert Witnesses ◽  
Good Teacher ◽  
Medical Expert ◽  
Medical Terms ◽  
Medical Issues

Abstract Physicians who use the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides) often serve as medical expert witnesses. In workers’ compensation cases, the expert may appear in front of a judge or hearing officer; in personal injury and other cases, the physician may testify by deposition or in court before a judge with or without a jury. This article discusses why medical expert witnesses are needed, what they do, and how they can help or hurt a case. Whether it is rendered by a judge or jury, the final opinions rely on laypersons’ understanding of medical issues. Medical expert testimony extracts from the intricacies of the medical literature those facts the trier of fact needs to understand; highlights the medical facts pertinent to decision making; and explains both these in terms that are understandable to a layperson, thereby enabling the judge or jury to render well-informed opinions. For expert witnesses, communication is everything, including nonverbal communication that critically determines if judges and, particularly, jurors believe a witness. To these ends, an expert medical witnesses should know the case; be objective; be a good teacher; state opinions clearly; testify with appropriate professional demeanor; communicate well, both verbally and nonverbally; in verbal communications, explain medical terms and procedures so listeners can understand the case; and avoid medical jargon, finding fault or blaming, becoming argumentative, or appearing arrogant.

scholarly journals Performing Expertise: The Design of Audiovisual Links and the Construction of the Remote Expert Witness in Court

2018 ◽  
Vol 28 (5) ◽  
pp. 698-718
Author(s):  
Emma Rowden ◽  
Anne Wallace
Keyword(s):  
Cognitive Load ◽  
Empirical Research ◽  
Expert Testimony ◽  
Expert Witness ◽  
Mode Of Delivery ◽  
Expert Witnesses ◽  
Expert Evidence ◽  
Jury Trials ◽  
Technological Improvements ◽  
The Relationship

This article reports on empirical research conducted into the use of audiovisual links (videolinks) to take expert testimony in jury trials. Studies reveal ambivalent attitudes to court use of videolink, with most previous research focussed on its use for vulnerable witnesses and defendants. Our study finds there are issues unique to expert witnesses appearing by videolink, such as compromised ability to gesture and interact with exhibits and demonstrative tools, and reductions in availability of feedback to gauge juror understanding. Overall, the use of videolinks adds an additional cognitive load to the task of giving expert evidence. While many of these issues might be addressed through environmental or technological improvements, we argue this research has broader ramifications for expert witnesses and the courts. The use of videolinks for taking expert evidence exposes the contingent nature of expertise and the cultural scaffolding inherent in its construction. In reflecting on the implications of these findings, and on the way that reliability, credibility and expertise are defined and established in court, we suggest a more critical engagement with the relationship between content and mode of delivery by stakeholders.

scholarly journals Financial and legal basis of the activities of the united territorial communities

2021 ◽  
pp. 54-58
Author(s):  
Ye. Ananieva
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Legal Regulation ◽  
Regional Governance ◽  
Budget Process ◽  
Scientific Publications ◽  
Scientific Discussion ◽  
Modern Economy ◽  
European Standards ◽  
Constituent Elements

Problems of legal regulation of local finances are considered in the works of lawyers, economists, sociologists, public administration specialists, from different positions of their formation, distribution and use in public relations, but in modern conditions of budgetary relations, namely – formation of budgets of united territorial communities, introduction of decentralization in regional governance, administrative reform, orientation of Ukraine to European standards and values of life, the concept of legal regulation of local finances, in particular, budget relations needs to be updated. Scientific publications investigate the problems of defining local finances as a basic basis for local government, which ensures the reproduction of the budget process and the development of regions, their constituent elements and purpose. However, at present the scientific discussion on the legal significance of local finances, their constituent elements, sources of formation and use continues, because in the modern economy a significant part of financial resources is formed and redistributed through budgets, which include budgets of united territorial communities. which, finally, as a legal institution is not defined. The development of local self-government from the standpoint of the government’s proposed decentralization of power provides for the purpose of creating high-quality living conditions for citizens, providing them with the necessary public services, development of material and social base of the region. These tasks are implemented in the presence of appropriate economic development of the territory, its financial support, which depends on the sources of budget and extrabudgetary funds and areas of their use.

scholarly journals Legal regulation of the digitalization process of Ukrainian archive space

2021 ◽  
pp. 79-88
Author(s):  
D. Vasylenko ◽  
L. Butko
Keyword(s):  
Legal Regulation ◽  
General Concept ◽  
State Regulation ◽  
Digital Format ◽  
Analysis And Synthesis ◽  
Scientific Principles ◽  
Systematic Development ◽  
The Creation ◽  
Theoretical Foundations ◽  
State Regional

The problem statement. Archival sphere can fit organically into the general concept of digital transformation of Ukraine’s economy. The creation of digital format of archival institutions should be based on identical branch standards and rules for the creation, preserving, accounting, description, using of digital copies in order to ensure a single collaboration algorithm between state, regional and municipal authority levels. The purpose of the research is to analyze the new trends of the management system of the archival sphere from the perspective of regulatory support for the implementation of digitalization tools of Ukrainian archival institutions. The methodology. To resolve the tasks of the research were used traditional complex of common scientific principles (determinism, imaging, unity of opposites) and methods (analysis and synthesis, systematic and structural, questionnaire, content-analysis, observation, statistical). The results. The article analyzes the legal tools as an element of state regulation of digitalization of the Ukrainian archival space. The results of the study were confirmed by a sociological survey on the topic “Do we need to adjust the regulatory basis the archival branch to the digitalization contexts?”. The scientific novelty of the research is to develop the theoretical foundations in the branch of archival sphere management due to context of regulatory support for provision of digitalization issue, including methods of analysis, synthesis and systematization, to generate the problem of introducing the modernizational legislation to manage the digitalization of archival sphere. Conclusions. It is reviewed in the research the influence of the state regulation on the task of systematic development of Ukrainian branch standards and other legal documentation, which is created to regulate the requirements of creation, accounting, preserving, and use of electronic document copies, as well as the collaboration between the archival institutions with stakeholders within a single online platform.

scholarly journals STATE MANAGEMENT IN THE AREA OF ENSURING THE SECURITY OF THE COURT AND PARTICIPANTS IN LEGAL PROCEDURES

2020 ◽  
Vol 10 (1) ◽  
pp. 73-89
Author(s):  
Vadym Kolomiiets ◽  
Tetiana Lukianenko ◽  
Daria Lazareva ◽  
Nana Bakaianova ◽  
Oksana Kadenko
Keyword(s):  
Public Management ◽  
Legal Regulation ◽  
The State ◽  
State System ◽  
Situational Analysis ◽  
Judicial Reform ◽  
Legal Proceedings ◽  
State Management ◽  
The Usa ◽  
Judicial Protection

The authors investigated the features of the legal regulation of the functioning and organizational aspects of the activities of the authorities, the competence of which includes ensuring the security of the court, judges, and other participants of legal proceedings.Particular attention is paid to the intergovernmental body of the Council of Europe - The European Committee on Legal Co-operation (CDCJ), one of the activities of which is to ensure the proper functioning of the judiciary. The features of the general project between the CDCJ and Ukraine “Support for judicial reform in Ukraine (voluntary contribution)” are identified. The features of the activities of sheriffs in Canada and the USA, the regulatory documents of these countries, which determine the status and competence of the sheriffs in the field of judicial protection, are highlighted. The chronology of the establishment in Ukraine of the state system for protecting the court, judges, and other participants of legal proceedings, from 1997 to the present, is investigated. In the course of the study, the authors have been determined the individual stages of the establishment in Ukraine of the state system for protecting the court, judges, and other participants of legal proceedings; the competence of state bodies to ensure judicial protection and the legal basis for their activities, depending on the period of operation. The content of the norms of some regulatory legal acts of Ukrainian legislation, which regulates the activities of the bodies responsible for ensuring the security of the court, judges, and other participants of legal proceedings, is disclosed. The scheme of “gap” while elemental situational analysis of safety of participants in legal proceedings is examined. A matrix for ranking the factors of complex security of participants of judicial system and recommendations on development of public management in the area of legal and judicial security.

scholarly journals Legal nature of the requirements of the banking legislation of Ukraine to ensure credit operations of banks

2021 ◽  
pp. 297-305
Author(s):  
Anatoliy Babaskin
Keyword(s):  
Credit Card ◽  
Civil Law ◽  
Legal Regulation ◽  
Functional Method ◽  
Point Of View ◽  
The European Union ◽  
Scientific Publications ◽  
Economic Point ◽  
Legal Nature ◽  
The Right

Іintroduction. Despite the fact that a significant number of scientific publications by well-known Ukrainian authors are devoted to the issues of legal regulation of credit obligations, at the same time separate studies of banking legislation requirements on "acceptability of collateral" have not been conducted in Ukrainian civil science in recent years. This, taking into account the gradual alignment of banking legislation of Ukraine with the standards of Basel III, and Directive 2002/47 / EC of the European Parliament and of the Council of 6 June 2002 on financial collateral mechanisms, necessitates such scientific research. The aim of the article. On the basis of the analysis of the legislation of Ukraine, the legislation of the European Union, scientific advances in the sphere of civil law and banking legislation, in the context of the analysis of the banking legislation of Ukraine, it is safe for creditors. In order to achieve this goal: 1. Conduct an analysis of civil and legal species for the protection of crops for the subject of іх possible delivery to “acceptable safety” and vrahuvannya banks when opening a credit card. 2. Significantly "quasi-security", as viewed by the banking legislation in the form of "acceptable security" for credit cards. 3. Zdіysniti analysis of the approaches to the legislation of the EU in the field of protection from credit denominations. Results. The methodological basis of the study is general scientific and special legal methods of scientific knowledge. In particular, the dialectical method, the method of analysis and synthesis, the comparative law method, the functional method, the modeling method, etc. Conclusions. First, the banking legislation does not consider as "acceptable collateral" such types of collateral as penalty, surety, deposit, retention. Secondly, the banking legislation considers as "acceptable collateral" not only those specified in Part 1 of Art. 546 of the Civil Code of Ukraine types of security for performance of obligations (pledge, right of trust ownership, guarantee), and other types of security for performance of obligations provided by law or contract (reserve letter of credit, performing the function of financial guarantee, guarantees of public entities, guarantee payment), but also contractual constructions which do not concern types of maintenance of performance of obligations (repo agreements). Thus, the banking legislation considers collateral in credit operations from the economic point of view, according to which "acceptable collateral" is only such liquid collateral that guarantees the rapid recovery of the property of the creditor bank, which suffered damage due to default or improper performance of the counterparty loan obligation, as well as "quasi-collateral", if such is referred by banking legislation to "acceptable collateral". Third, the existence of rules in the banking legislation on the acceptability of collateral in no way affects the right of banks to use any type of collateral provided by law or contract, if the application of such is possible in credit relations, taking into account the legal nature of the relevant types. software. Fourth, the set of regulations of the National Bank of Ukraine on the acceptability of collateral can be considered as an institution of banking law, which includes as rules of civil law governing the types of collateral, other rules of contract law governing other "quasi-collateral" contractual constructions, as well as public-law special norms of banking legislation, which establish additional regulatory requirements for banks to ensure credit operations and calculate credit risk.

scholarly journals Allegiance Bias in Statement Reliability Evaluations Is Not Eliminated by Falsification Instructions

2020 ◽  
Vol 228 (3) ◽  
pp. 210-215 ◽  
Author(s):  
Melanie Sauerland ◽  
Henry Otgaar ◽  
Enide Maegherman ◽  
Anna Sagana
Keyword(s):  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Expert Witness ◽  
Expert Witnesses ◽  
Case File ◽  
Abuse Case ◽  
Sexual Abuse Case ◽  
The Given

Abstract. Are expert witnesses biased by the side (defense vs. prosecution) that hires them? We examined this issue by having students act as expert witnesses in evaluating interviews in a child sexual abuse case (Experiment 1, N = 143) and tested the value of an instruction to counteract such allegiance effects. The intervention concerned an instruction to consider arguments both for and against the given hypothesis (i.e., two-sided instructions; Experiment 2, N = 139). In Experiment 3 ( N = 123), we additionally provided participants with three different scenarios. Participants received a case file regarding a case of alleged sexual abuse. With the file, participants received an appointment letter emphasizing elements of the file that questioned (defense) or supported (prosecution) the veracity of the accusation. Participants displayed allegiance bias (Experiments 1–3), but two-sided instructions were not successful in eliminating allegiance bias (Experiments 2 and 3). The findings underscore the importance of legal safeguards in expert witness work.

scholarly journals CONCEPT OF VIRTUAL CURRENCIES IN MODERN ECONOMIES

2018 ◽  
Vol 1 (10) ◽  
pp. 63
Author(s):  
Inta Kotane
Keyword(s):  
Future Development ◽  
Early Stage ◽  
Legal Framework ◽  
Legal Regulation ◽  
Scientific Publications ◽  
Virtual Currency ◽  
Blockchain Technology ◽  
Stage Of Development ◽  
The Future ◽  
The Media

In recent years, development of blockchain technology and virtual currencies (VCs) have been followed not just by the media and industry professionals all over the world – there rarely could be found a person who has not ever heard the term ‘bitcoin’. Despite the popularity of VCs, there is a lack of comprehensible information in the Latvian language about what the virtual currency (VC) is, as well the concepts of digital and VCs are often misused as synonyms. The research is based on the analysis of special literature and scientific publications on the system of VCs. The aim of the research: to explore the concept of VCs in the modern economy. General scientific research methods are used in the research: the method of monographic or descriptive research, the comparative analysis method for studying the concept of VCs, the classification, legal regulation, and future development possibilities. The results of the research show that VCs are a type of digital currency, though, the opposite statement is not correct. Thus, all VCs are digital, but not all digital currencies are virtual. Exploration of the legal framework of VCs suggests that it is at an early stage of development. With the increasing number of VCs and along with strengthening of the legal framework of VCs, the issue of possible directions of the future development of VCs is raised. Two points of view dominate: the future currency or payment system, for example, smart contracts.

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