scholarly journals POSSIBILITIES OF FORENSIC VETERINARY AS A NEW TYPE OF FORENSIC SCIENCE

2019 ◽  
Vol 19 (1) ◽  
pp. 550-567
Author(s):  
I. Yatsenko ◽  
L. Derecha
Keyword(s):  
Veterinary Medicine ◽  
Animal Husbandry ◽  
Criminal Proceedings ◽  
Forensic Examination ◽  
Wide Range ◽  
Improper Use ◽  
Forensic Institutions ◽  
New Type ◽  
Special Knowledge ◽  
Cruelty To Animals

The article is devoted to a new type of forensic examination - forensic veterinary examination. Possibilities of forensic veterinary examination are substantiated. A description is given of the subject, objects, subject, tasks of the forensic veterinary examination, a list of questions that are put to the expert to solve them. It is shown that new and existing types of criminal acts contribute to the growth of tension in the world and cause the emergence of new objects and tasks of expert research, and, therefore, new special knowledge, the latest research methods and tools are needed. The need to open a new type of forensic examination in the system of forensic institutions of the Ministry of Justice of Ukraine, forensic veterinary examination, is due to the fact that violation of quarantine conditions, purchase and sale of animals, their improper use for breeding and other purposes, poaching, cruelty to animals, as well as a violation of the rules for the disposal of corpses leads to criminal proceedings and court cases, and, consequently, the need for a forensic examination. Forensic veterinary examination covers a wide range of knowledge and research relating to live animals, their corpses, livestock, medicines used in veterinary medicine, documentation. Opening of a new expert specialty - “Forensic Veterinary Expertise” in the system of the Ministry of Justice of Ukraine contributes to the solution of many issues that arise in law enforcement in investigating offenses related to objects of veterinary medicine and animal husbandry, enriches new opportunities for domestic forensic activities, creates relevant prospects for research in this field.

scholarly journals Forensic Valuation of Intellectual Property

2019 ◽  
Vol 14 (3) ◽  
pp. 40-45
Author(s):  
A. Ya. Asnis ◽  
M. A. Ivanova ◽  
Sh. N. Khaziev
Keyword(s):  
Intellectual Property ◽  
Value Assessment ◽  
Criminal Cases ◽  
Forensic Examination ◽  
Patent Rights ◽  
Forensic Institutions ◽  
Evidence Analysis ◽  
Analysis Computer ◽  
New Type ◽  
Special Knowledge

Valuation of objects of intellectual property can be important when considering civil disputes, criminal cases of copyright and related rights infringements, criminal bankruptcies, cases of administrative offenses (violations of copyright and related rights, inventor’s and patent rights). At present, there is no generally accepted and accessible methodology of forensic valuation of intellectual property items.The main aspects of the forensic valuation of intellectual property are reviewed. It is shown that when assessing the value of intellectual property special knowledge should be applied in the field of forensic merchandising expertise, forensic economics, as well as other kinds and types of forensic expertise according to the characteristics of the intellectual property in question: forensic trace evidence analysis, computer forensics, forensic linguistics, forensic materials analysis, etc. It is necessary to develop and implement a new type of forensic examination in the forensic institutions of the Ministry of Justice of the Russian Federation - forensic examination of intellectual property which will also include the value assessment of such objects.

scholarly journals PECULIARITIES WHILE PREPARING TO THE APPOINTMENT OF FORENSIC MOLECULAR GENETICS EXAMINATION IN CRIMINAL PROCEEDINGS INITIATED DUE TO MURDERS

2020 ◽  
Vol 21 (1) ◽  
pp. 79-91
Author(s):  
A. Vuima
Keyword(s):  
Molecular Genetics ◽  
Dna Profiling ◽  
Identification Problems ◽  
Criminal Proceedings ◽  
Biological Origin ◽  
Forensic Examination ◽  
Special Knowledge ◽  
Significant Stage ◽  
Forensic Molecular Genetics ◽  
Promising Avenue

Pre-trial investigation of criminal proceedings initiated due to murders requires to possess special knowledge, take into consideration the peculiarities and procedure for conducting investigative (search) and procedural actions by investigators and prosecutors. The most evidential method is considered to be the method of DNA profiling, which has confirmed its efficiency in the mentioned criminal proceedings. The procedure of preparing to the appointment of forensic molecular genetics examinations is a significant stage of forensic examination. It should be carried out at an appropriate level. The errors made by investigators while the detection, collection of biological origin samples, their storage and transportation exclude the possibility of solving identification problems, and sometimes the accomplishment of criminal proceedings tasks, what necessitates the need to develop recommendations aimed at eliminating them. The article purpose is to identify the modern capabilities of forensic molecular genetics examinations in the investigation of murders initiated due to murders, determining typical errors, which are made by prosecutors at the stages of preparation and appointment of the indicated examinations and the development of recommendations for their prevention and elimination. Ensuring the elimination and prevention of errors that are made by investigators, as well as the prevention of processes of DNA contamination and degradation are possible due to increase in the level of investigators’ special knowledge and the formation on this basis of skills for conducting appropriate investigative (search) and procedural actions. It is possible thanks to the involvement of forensic experts in the field of genetics while carrying out these actions, as well as in the case of appointing a group of investigators on indicated criminal proceedings. The indicated and worded recommendations regarding the measures that are expedient to be taken with the purpose of exclusion and elimination of common mistakes are a promising avenue for further scientific developments.

scholarly journals TO THE QUESTION OF INTERDEPENDENCE OF THE EUROPEAN INTEGRATION PROCESSES AND INTEGRATION TENDENCIES OF SPECIAL KNOWLEDGE IN UKRAINE

2017 ◽  
Vol 17 ◽  
pp. 152-158
Author(s):  
E. B. Simakova-Efremian
Keyword(s):  
European Integration ◽  
Quality Standards ◽  
Legal Practice ◽  
Minimum Standards ◽  
Forensic Expertise ◽  
Forensic Examination ◽  
The World ◽  
Forensic Institutions ◽  
Special Knowledge ◽  
Globalized World

In the conditions of world globalization, the interdependence of the countries of the world, their transformation into a single global organism, which has its own laws and tendencies of development, is growing ever more. Globalization, like any complex and multifaceted phenomenon, has certain consequences that significantly affect the historical destinies of countries and peoples. Globalization concerns the issues of the development of law and judicial sciences. The holding of the First Kharkiv International Legal Forum "The Law and Problems of Sustainable Development in the Globalized World" is a peculiar confirmation of this. During the opening of the Forum, the rector of the National Law University academician V Ya. Tatsyi stressed that the processes of the world globalization not only give certain advantages in the development of the humanity but also generate new problems, which impossible to solve without an active participation of lawyers-scientists and practitioners. He noted: "From us expect balanced, well-reasoned and effective recommendations that might be implemented both in the national legislation and in the international legal practice”. Undoubtedly, the processes of globalization have their own specifics in various fields, including, in the field of forensic examination. A special place in this case belongs to the influence of the world globalization upon European integration processes. These processes are realized in the forensic examination, primarily by means of implementation of the legislation of Ukraine on forensic examination into European legislation, and in addition, by means of unification of the techniques of expert research for all forensic institutions by their accreditation in accordance with international quality standards. There were defined the ways of realization by Ukrainian criminalists andforensic experts of the requirements of the European documents containing the minimum standards in themselves and various variants of activities in the field of Criminalistics and Forensic Expertise have been proposed.

scholarly journals MODERN ASPECTS OF FORENSIC ECONOMIC EXAMINATION IN THE REPUBLIC OF MOLDOVA

2021 ◽  
Author(s):  
V. Gurin ◽  
S. Lupu ◽  
I. Lopatenko
Keyword(s):  
General Theory ◽  
Republic Of Moldova ◽  
Forensic Examination ◽  
New Type ◽  
Special Knowledge ◽  
The Subject ◽  
The Republic ◽  
Methodological Aspects

The article deals with the legal and methodological aspects of conducting economic and financial forensic examination in the Republic of Moldova, including the main tasks and issues solved by these types of forensic examinations, as well as a new type of forensic examination: engineering and economic. In this article, it is emphasized that the purpose of the general theory of economic and financial forensic examination in the Republic of Moldova is, first of all, to systematize the categories of all types of economic and financial forensic examinations accumulated to date in the Republic of Moldova. The concept of the subject of examination, objects of research, expert tasks, special knowledge of an expert, the concept of expert competence and competence, technology of expert research and many others.

THE SUBJECT AND TASKS OF FORENSIC AUTOTECHNICAL EXAMINATION

2017 ◽  
Vol 17 ◽  
pp. 198-204
Author(s):  
A. V. Lubentsov
Keyword(s):  
Traffic Safety ◽  
Practical Aspect ◽  
Criminal Proceedings ◽  
Important Place ◽  
Forensic Examination ◽  
Special Knowledge ◽  
The Subject ◽  
Mutual Relations ◽  
Definition Of ◽  
The Given

Problems of appointing and conducting forensic examination and using their results in the process of criminal offences investigation occupy an important place in the criminal proceedings and expert activities. A separate category among all these problems is perfection of theoretical basis offorensic examination, namely the definition of a subject and tasks offorensic examination in general and its separate types in particular. One of these is the forensic autotechnical examination, as one of the main expertise scheduled when investigating crimes against traffic safety and transport operation. In the practical aspect in the subject of forensic examination we distinguish procedural and gnoseological sides. The procedural side ofa subject of forensic examination is expressed in a circle of circumstances, which are established by means of special knowledge and are the elements of proofs system. The gnoseological side of a subject of forensic examination is expressed in that the object of cognition at practical expert research are properties of expertise object, its sides and mutual relations which are defined during the given research. On the basis of scientific literature and normative-legal acts analysis the subject and tasks of forensic examination are investigated. A subject and tasks of forensic autotechnical expertise are defined. It’s noticed that in the practical aspect the subject of a forensic examination is considered in wide and narrow senses, as a kind (type) subject of autotechnical examination in general, and a subject of a concrete autotechnical examination in concrete criminal proceedings. It’s specified that depending on it the autotechnical examination tasks are divided on general and concrete. It’s proved that the subject and tasks of a concrete autotechnical examination may coincide on volume with the general or to be them yet however they should not be beyond the general.

scholarly journals Legal Principles for the Use of Special Knowledge while Investigating Murders

2020 ◽  
Vol 76 (1) ◽  
pp. 107-111
Author(s):  
A. H. Vuima
Keyword(s):  
Practical Significance ◽  
Criminal Proceedings ◽  
Legal Principles ◽  
Forensic Examination ◽  
Basic Law ◽  
Procedural Code ◽  
Special Knowledge ◽  
The Law ◽  
First Time ◽  
The Relationship

Based on the analysis of the Constitution of Ukraine and the Criminal Procedural Code of Ukraine, the author has established the relationship between the general principles of criminal proceedings and some provisions of the Basic Law of Ukraine. According to the results of the analysis of the provisions of criminal procedural legislation and regulatory acts regulating the activities of experts in case of their involvement in criminal proceedings, it has been determined that the Criminal Procedural Code of Ukraine does not contain an exhaustive list of principles of applying special knowledge of experts, however some of them are defined as the principles of forensic activities in the Law of Ukraine “On Forensic Examination”. For the first time, the author has determined the very general principles of criminal proceedings define the activity of experts in criminal proceedings. The author has singled out two components in the studied category: legal and organizational ones. The author has determined what should be understood as the legal principles for the use of special knowledge of experts while investigating murders, as well as their list. It has been established that the concept of organizational principles includes procedural features of involving experts. The author has provided a brief description of the principles of forensic activity, defined in the Law of Ukraine “On Forensic Examination”. The author has suggested provisions that should supplement this Law. Besides, the author has provided examples on how the implementation of the principles established by the legislator is ensured. It has been established that the purpose of involving an expert in criminal proceedings is to clarify the circumstances relevant to criminal proceedings, for the solution of which special knowledge is required. The author has substantiated the provisions, according to which the involvement of an expert in criminal proceedings requires the existence of two grounds: legal and factual, the content of which is revealed in the provisions of the article. The formulated conclusions are theoretical categories that determine the direction and content of the activities of experts and law enforcement officers in case of the application of special knowledge in criminal proceedings, in particular during the investigation of murders. The practical significance of the obtained results is to ensure a prompt, complete and impartial investigation and is one of the guarantees of the tasks of criminal proceedings.

scholarly journals INTERNATIONAL EXPERIENCE IN THE USE OF THE EXPERTISE IN CASES RELATED TO INTELLECTUAL PROPERTY

2020 ◽  
Vol 16 (4-2) ◽  
pp. 165-175
Author(s):  
Антон Савенко
Keyword(s):  
Intellectual Property ◽  
The United States ◽  
Scientific Methods ◽  
Legal Proceedings ◽  
Foreign Experience ◽  
Forensic Examination ◽  
Foreign Countries ◽  
Forensic Institutions ◽  
New Type ◽  
General Scientific

In the context of digitalization of the economy and the growing number of legal proceedings related to intellectual property objects, there is a need to form a forensic examination of intellectual property objects as a new type of expertise produced by state forensic institutions. In order to form this new direction, it is necessary to study foreign experience of using the expertise in such cases. Purpose: to study the experience of using the expertise in cases of intellectual property objects in some foreign countries. Results: general dialectical method, in particular methods of formal logic, a number of general scientific methods such as comparison, description, etc., as well as special scientific methods: formal-legal, comparative-legal. Conclusions: the study shows different approaches to the organization of legal proceedings using expertise in the courts of Germany, Japan, Ukraine and the United States. This foreign experience will help to form Russian approach to the forensic examination of intellectual property objects.

scholarly journals CURRENT ISSUES OF THE SPECIAL KNOWLEDGE USING IN INFORMATION SUPPORT OF CRIMINAL OFFENSES INVESTIGATION

2021 ◽  
Vol 1 (1) ◽  
pp. 43-51
Author(s):  
Olha Kovalova ◽  
◽  
Vasyl Kovalov ◽  
Keyword(s):  
Evidence Base ◽  
Medical Examination ◽  
Information Support ◽  
Criminal Proceedings ◽  
Science Technology ◽  
Forensic Examination ◽  
Criminal Offenses ◽  
Initial Stage ◽  
Special Knowledge ◽  
The Relationship

The investigation of criminal offenses, especially in modern conditions, is difficult to imagine without the assistence of persons with special knowledge in various fields of science, technology, art, craft and more. The main forms of using such knowledge are the involvement of specialists in criminal proceedings (Article 71 of the CPC) and forensic examinations (Articles 242–244 of the CPC). A significant number of works of scientists have been devoted to the development of theoretical aspects of the institute of special knowledge in criminal proceedings, but the unity of opinion on the relationship between general knowledge and special knowledge has not been achieved. Special knowledge is considered to be knowledge that is not common, well-known, but only those acquired by professionals in a particular field of science, technology, art, crafts, and so on. It should be noted that the attribution of certain knowledge to the well-known is conditional. Some thing that was for some time considered to be unknowable, becomes widespread over time, becomes public. The use of special knowledge facilitates a full, objective and comprehensive investigation, ensures the collection of information and the formation of the necessary evidence base. Information is the substantive side of court evidence, which is established from sources due to the order prescribed by law. Sometimes this information is called evidence. However, in criminal proceedings, not only the information that constitutes the essence of the evidence is used. The problem of information support of the investigation has become especially important in connection with the adoption of the Law «On Amendments to Certain Legislative Acts of Ukraine to Simplify the Pre-trial Investigation of Certain Categories of Criminal Offenses». The authors of the article consider the peculiarities of the special knowledge using during the pre-trial investigation of criminal offenses in the form of inquiry. According to the current CPC of Ukraine, the investigator may conduct an inspection of the scene and a medical examination before entering the information into URPI. The means of information support of the inquiry, which requires the use of special knowledge in the field of medicine, should include a medical examination (paragraph 2, part 3 of Article 214 of the CPC). It can be conducted before the information is entered into the URPI, and its results are recognized as a source of evidence (Article 298-1 of the CPC). Unfortunately, the legislator did not specify the purpose of the medical examination and the procedural document, which should reflect the results of this procedural action. Establishing the condition and features of the human body requires appropriate research, which is the subject of forensic examination. The use of special knowledge in the process of information support criminal offenses investigation, requires further research and regulation. A clear distinction at the regulatory level requires the purpose of examination and forensic examination. As this issue arises at the initial stage of the proceedings, changes are required to the CPC of Ukraine, as the authors note in this article.

scholarly journals Determinism of the problems of Using the Expert'S Opinion as Evidence by Mistakes Made in the Preparation, Appointment and Production of Forensic Examinations

Lex Russica ◽  
2021 ◽  
pp. 52-61
Author(s):  
N. A. Danilova ◽  
E. V. Elagina ◽  
M. A. Grigorieva
Keyword(s):  
Preliminary Investigation ◽  
Law Enforcement Officers ◽  
Federal Law ◽  
Criminal Proceedings ◽  
Expert’S Opinion ◽  
Criminal Procedure Law ◽  
Forensic Institutions ◽  
Special Knowledge ◽  
Effectiveness And Efficiency ◽  
Made In

The paper analyzes the errors committed by law enforcement officers in the implementation of various types of special knowledge at all stages of criminal proceedings. Shortcomings under consideration are differentiated into shortcomings committed in the production of investigative actions, during which objects were seized, subsequently presented for an expert examination, when forensic examinations are appointed, in the production of forensic examinations, when examining the expert's opinion by officials of the preliminary investigation bodies and the prosecutor's office. At the same time, such errors are periodically repeated and multiply: forensic examinations, the need for the production of which is caused by the specifics of the crime being investigated, the current investigative situation and, being justified by specially developed recommendations, are not scheduled; the questions posed to the experts do not cover all the circumstances the establishment of which is possible only through the involvement of persons knowledgeable in a particular area of special knowledge; the questions themselves are not always directly related to the expert's specialization and the type of examination; the presence of proper qualifications of a person involved as an expert is not verified, etc.Without setting themselves the task of analyzing all or most of these errors, the authors thoroughly consider the most serious errors using specific examples from judicial investigative practice and they come to the conclusion that the effectiveness and efficiency of using the expert's conclusion in proving is possible only under the context of impeccable observance by officials of preliminary investigation bodies, forensic experts and heads of forensic institutions of the provisions of the Criminal Procedure Law, the Federal Law "On State Forensic Expert Activity", departmental regulations and forensic recommendations.

scholarly journals PROBLEMS OF THE IMPLEMENTATION OF THE RIGHTS OF CRIMINAL PROCEDURE PARTICIPANTS ON THE USE OF SPECIAL KNOWLEDGE IN THE CONDITIONS OF COMPETITIVE CRIMINAL PROCEDURE

2019 ◽  
pp. 223-232
Author(s):  
G. Avdeeva
Keyword(s):  
European Union ◽  
Criminal Procedure ◽  
The European Union ◽  
Criminal Proceedings ◽  
Basic Principles ◽  
Equality Rights ◽  
Procedure Code ◽  
Forensic Examination ◽  
Criminal Procedure Law ◽  
Special Knowledge

А competition between the criminal procedure parties and equality rights in presentation their evidences to the court, the availability of accused right to defense himself are among the basic principles of legal procedure in Ukraine. Despite the fact that in Art. 22 of the Criminal Procedure Code of Ukraine states that «criminal proceedings are carried out on the basis of the adversarial procedure», the parties of criminal procedure in Ukraine do not have equaling rights and opportunities to gather evidence through the using of special knowledge. A law № 2147-19 inured at the end of 2017 in Ukraine. The changes in the Criminal procedure law and Ukraine law «About a forensic examination» banned for lawyers and investigators to choose theyselves an expert establishment or experts. Investigators, public prosecutors and advocates have a right only to send a request to the judge about needing of a forensic examination. A judge personally chooses expert establishment or an expert. It is a cause of the substantial lowing of rights of lawyers and investigators in the collecting of proofs. These problems of regulation of expert activity in Ukraine do not correspond to the competitive European principles of the court. Part of these problems can be resolved if in Ukraine will adopt the Project of law № 8249. It is proposed in this law to return rights for the investigators and lawyers, which allow them personally to attract of experts. Also it is proposed to allow to nonstate experts and other specialists to conduct forensic examinations. This will bring the legislation of Ukraine closer to the legislation of the member countries of the European Union and will allow the principle of equality of parties rights of criminal procedure. A competition between state and non-state experts will lead to an increase of the quality and scientific level of expert conclusions. Key words: criminal proceedings, special knowledge, competitive judiciary.

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