scholarly journals APPLICATION OF THE MODELING METHOD IN THE RESEARCH PRACTICE OF FORENSIC EXAMINATIONS

2019 ◽  
Vol 19 (1) ◽  
pp. 212-225
Author(s):  
S. Rohalin

When researching objects, in some cases there are certain difficulties when obtaining a categorical opinion on an expert task is not always possible. One of the problems that hinders the intention of a forensic expert in ensuring the completeness of the study is the inability to directly study the object of study. The solution of the theoretical and practical aspects of this problem is very important, but so far this problem has been solved on an applied plane, that is, in different types of studies in the relevant types of forensic examinations, special research methods have been developed based on certain developments that, in one or another degrees apply the modeling method. The purpose of the article is to systematize the theoretical foundations of applying the method of scientific modeling I n forensic research, determining the requirements for building models in forensic research and creating a modeling method in forensic examination by stages of research. The article examines the historical formation of the modeling method, describes the content, terminology and essence of the modeling method as an effective general scientific tool for cognition. The main feature of modeling is fixed as a method of indirect cognition of objects of research through substitute objects, when the model serves as a cognitive tool that the researcher puts between himself and the object, and with the help of which he studies the object of interest to him. The classification of the types of models is presented. Cases have been outlined where modeling when carrying out research in forensic science is desirable, and cases are presented separately when applying scientific modeling when conducting research in forensic science is the only possible method for obtaining a definitive conclusion. The general scientific theoretical foundations of applying the similarity criteria and similarity theorems in modeling when carrying out research in forensic science are systematized, the requirements for building models are identified, and similarity signs are formulated in forensic expert research. A method for applying modeling at different stages of conducting research in forensics has been developed.

2020 ◽  
Vol 21 (1) ◽  
pp. 133-147
Author(s):  
M. Shcherbakovsky

A historical analysis of forensic techniques and forensic science emergence as scientific branches is outlined, their interconnection, differences are considered, the subject, object and structure are clarified. It is shown that criminalistics and forensic science are both separate and kindred scientific branches that have common historical roots. The author proves that the development and gradual separation of forensic science from criminalistics did not change the scientific, methodological, didactic foundations and structure of a forensic technique as a component of criminalistics. The structure of forensic technique and forensic science is suggested. The author presents the forensic technique modern structure in the form of the following sections: physical traces of crimes: types, classification, mechanism of formation; technical and forensic means and methods: classification, functional purpose; organizational and legal foundations of forensic support of offences investigation; means and methods of searching, recording, seizing, packaging and transporting traces of offenses; means and methods of preliminary investigation of offenses’ traces; information and reference support of offenses disclosure and investigation. Forensic science is represented in two parts: “General theory of forensic examination”, which includes theoretical provisions, doctrines inherent in all forensic fields, and “Methodological fundamentals  of certain types of forensic examinations”, which are the theoretical basis of certain forensic branches and are used for the development of methods for solving typical forensic tasks. The close connection and mutual influence of two scientific branches and types of activity are noted. The connection is manifested in the unity of theoretical foundations, methodological approaches to the study of objects and, partially, in the use of technical means. The development of new forensic methods affects the advancement and improvement of technical and forensic means of collecting physical traces of a crime. On the contrary, the emergence of  new types of crime traces necessitates the creation of appropriate typical forensic research methods.


2021 ◽  
pp. 162-175
Author(s):  
A. Poltavskyi

The article deals with the problem of interpretation of the normatively fixed definition “detailed description of the studies in the expert’s conclusion”, which (that is, conclusion) is a source of evidence in the procedural law of Ukraine. There are presented the views of forensic scientists, the international standards adopted in Ukraine are analyzed, the ILAC G19: 08/2014 “Modules in a Forensic Science Process” guidelines, the draft of fifth part of the ISO 21043 standard “Reporting” regarding the content of this definition. It is stated that “the detailed description of the studies in the expert’s conclusion” is based on the dialectical-materialistic method, methods of formal logic, general scientific methods, methods of maternal sciences and special methods, that is, methodologies of conducting forensic examinations. A parallel is drawn with the latter as with normative documents that should regulate the process of description in the research part of the conclusion. Based on the obtained results of the analysis, it was concluded that in the forensic examination methodology, as a detailed program for solving an expert assignment, in the section that regulates the procedure for formalizing the research conducted by an expert conclusion, the procedure for a detailed description of the research should be determined, which allows for interpretation the results obtained (assessment of the results of the studies carried out and the formulation of conclusions) by others who did not conduct an examination, by qualified specialists having the appropriate competence to confirm the reliability of the results and formulated answers to the questions posed, including by reproducing and/or repeating the process of producing the examination. In order to solve the problem raised, it is necessary to develop the state standard of Ukraine - DSTU XXXX: 202__ “Forensic expert activity. Forensic examination methodologies. Requirements”, in which to determine, inter alia, the content of the definition “detailed description of the studies in the expert’s conclusion”.


2017 ◽  
Vol 12 (3) ◽  
pp. 49-53
Author(s):  
E. I. Maiorova

Professor R.S. Belkin's role in the development of criminology and forensic science is widely recognized. The theory he advanced to connect criminalistics and the natural sciences was of great importance for the establishment of new forensic disciplines. During his time as head of the department of forensic science theory Professor Belkin focused on newly emerging fields of forensic research and the development of their theoretical foundations. His vision was marked by a deep understanding that ecology is a subfield of biology, but forensic ecology is not part of forensic biology. It is largely due to his talent to anticipate the emergence of new trends in response to the needs of investigative practice that these forensic disciplines were established and continue to develop.


2019 ◽  
pp. 150-157
Author(s):  

The suggested hypothesis of M.Ya. Sehai allows extrapolating the results of applying whole methods within the framework of each class (forensic expert substratology, forensic expert documentation, and forensic psychonomics). This does not diminish the significance of the scientific ground of the provisions of a particular type of forensic examination, but thanks to the challenging hypothesis of M. Ya. Sehai concerning the relationship of interaction and the provisions justified by him in forensic science, this will allow applying “forensic” methods (which, by and large, does not exist, since methods are general scientific) to the subject of research in other types of forensic examinations, where they have not previously been used. The subject of the study of forensic science and forensic expertology enlarges each other, at least from the perspective of using special knowledge in legal proceedings. Conclusion is the following: in forensic expertology has its own role in justice, it is a completely established theory with a hypothesis and accepted facts at present. Forensic expertology has its own subject; it integrates the scientific methods of individual forensic expert theories and has its own methodological function. Key words: forensic expertology, criminalistics, forensic science, forensic expert substratology, forensic expert documentation, forensic psychonomics, hypothesis.


2021 ◽  
Vol 16 (2) ◽  
pp. 46-52
Author(s):  
E. V. Chesnokova

The article presents the main provisions of the sub-theory of standardization in the forensic expert activity, its place in the theoretical foundations of forensic expertology, and its relationship with other sub-theories of this science.The author defines the concepts of the subject, the object of the standardization sub-theory in forensic activity, highlights its specifics. The article emphasizes the favorable impact on the development of domestic standardization in forensic activities of foreign experience in the implementation of theoretical developments on standardization, including the formation of a hierarchy of its standards. It is shown that for the development of the sub-theory of standardization in forensic science, it is advisable to use the results of the introduction of standardization mechanisms in the practice of accredited forensic laboratories under the international standard GOST ISO/IEC 17025-2019 “General requirements for the competence of testing and calibration laboratories”, taking into account the theoretical foundations of forensic science.


2021 ◽  
pp. 45-59
Author(s):  
M. Shcherbakovskyi

The article shows that despite the different legal systems of the United States and Ukraine, in the field of forensic science there is a common problem associated with the assessment of the scientific reliability of expert research and on this basis the admissibility of expert testimony. The existing Fry standard, Dober’s trilogy, Rule 702 of the Federal Rules of proof aimed at determining the admissibility of expert testimony are considered. It was stressed that the main criterion for the admissibility of expert testimony in the American proceedings was the scientific and methodological credibility of the research conducted. The validation is entrusted to the judge who performs the role of “goalkeeper”. If the previous check confirms the scientific validity of the expert research carried out, the judge “admits” the expert’s conclusions to a judge of fact to make a decision on the case. Verification of the scientific reliability of an expert’s testimony requires the judge to familiarize himself with the fundamentals and methods of the relevant sciences. Comparison of the standards of admissibility of expert research in the American proceedings with the domestic criminal procedural doctrine shows certain coincidences and differences. A significant difference between American standards is a clear prescription for judges to check and establish those properties of an expert study that determine the admissibility (scientific reliability) of an expert’s testimony. Based on the analysis of American standards, it was concluded that it is advisable in the Ukrainian procedural legislation of attaching to the subjects carrying out proof, when assessing the reliability of the conclusion and testimony of an expert. The obligation to check the scientific (the presence of general scientific provisions, theoretical foundations of a certain type of examination) and methodological (the use of a certified methodology registered in Register of expert research methods) reliability of expert research results.


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.


2018 ◽  
Vol 18 ◽  
pp. 194-202
Author(s):  
O. P. Uhrovetskyi ◽  
O. O. Sviderskyi

The authors allocate in administrative proceedings in cases of administrative offenses among other participants to a forensic expert who takes a special place in this process and give a description of legal status of forensic expert in cases on administrative offenses taking into account the peculiarities of expert involving stage in administrative proceedings. The authors emphasize that at various stages of administrative proceedings a forensic expert performs one function: performing examination. At the central stage of administrative proceedings, namely consideration of the case on an administrative offense and adoption of the resolution therein by authorized authority to consider an administrative offense. If there is a need to use of special knowledge, forensic examination is assigned and opportunity is provided to expert to exercise procedural rights and obligations and submit examination conclusion as a result of expert research. Decision on forensic examination assignment in cases of administrative offenses in the jurisdiction is usually performed in resolutions of the authorized authority (official) that is in charge of proceedings administrative offense. Expert conclusion is an independent means of proof in administrative proceedings. Structure complexity of expert conclusion as a procedural document lies in the fact that it derives from the structure of a special forensic research, since it reflects its features. Expert conclusion is subject to investigation and verification by the court and actual data contained therein are judged by general rules, since they are actual data about certain circumstances of objective reality. It is concluded that participation of expert in proceedings on administrative offenses at the present stage is as fully possible realized at the second central stage of proceedings in consideration of case on administrative offense.


Author(s):  
Marek Kotrlý

The majority of expert examination in forensic science is concerned with comparison, determination, and description of diversified samples. X-ray diffraction (powdered and/or single crystal) is bringing big benefits and analytical possibilities into forensic expert work, which are not easily provided by other methods. XRD methods are used in combination with other analytical methods (SEM with EDS/WDS, micro XRF, optical microscopy, FTIR, etc.).Importance of XRD phase analysis in forensic science lies namely in: analysis of relatively small-volume samples, relatively non-destructive, exact phase analysis, quantitative analysis (in majority of cases). And method is conclusive for a court.


2019 ◽  
Vol 91 ◽  
pp. 06004 ◽  
Author(s):  
Dzhaudat Faizrakhmanov ◽  
Alsou Zakirova ◽  
Guzaliya Klychova ◽  
Alfiya Yusupova ◽  
Aigul Klychova

The purpose of the article is to substantiate theoretical provisions and develop practical recommendations for the formation and disclosure of information on social responsibility of enterprises in the agrarian sphere of economy. The research objectives are as follows: to study and specify the economic essence of the notion of “corporate social responsibility”, to substantiate theoretical foundations and propose new methodological approaches of corporate social responsibility assessment and the formation of social reporting. The essence and content of corporate social responsibility, principles of formation and structure of the social report are studied with the help of such general scientific methods as systematic approach, comparison, economic-statistical method and data systematization and generalization method. The paper presents the main sections subject to including in the social report and suggests forms of social reporting, which include key performance indicators which help to assess the socio-economic performance of organizations in the agrarian sector of economy.


Sign in / Sign up

Export Citation Format

Share Document