scholarly journals CURRENT PROBLEMS OF FORENSIC INNOVATIONS RESEARCH: CONCEPT, ATTRIBUTES AND SIGNIFICANT FEATURES

2020 ◽  
Vol 21 (1) ◽  
pp. 25-45
Author(s):  
V. Shevchyuk

The article is devoted to relevant problems of the reaserch on forensic innovations concept, its significant features, attributes, theoretical problems of development and their implementation into law enforcement activity. The analysis of scientific approaches to forensic innovations understanding is carried out, its definition is offered, significant features and attributes are singled out, its relation to the concept of innovative forensic product is analyzed. The main features of forensic innovations are considered: innovativeness (novelty), objectivism, subjectivism, purposefulness, demand, practical applicability, efficiency. It is substantiated that innovation should be understood as developed, implemented and applied in practice the latest technical-, tactical-, methodicalforensic means that are the result of research or development activities, embodied in the form of a new product (production), technology, service, solutions, used by special qualified entities in practice and aimed at effectively solving forensic tasks and ensuring optimization, improving the quality and effectiveness of law enforcement practice. It’s noted that in modern realities an important course for improving the conceptual apparatus of forensic innovation is the clarification and unification of terms. The main categories of the studied theory are the concepts of “innovative forensic product” and “forensic innovation”. The analysis of the essence of these concepts gives grounds to assert that the innovative forensic product and forensic innovation are separate types of means of forensic innovation. The methodological basis for the development and implementation of forensic innovations into law enforcement are activity-based, system-structural and technological approaches, the use of which is promising for the formation of a separate forensic theory − forensic innovation. It’s substantiated that the complex approach in the development and formation of forensic innovation basic concepts is a methodological foundation for further research on this issue. It’s noted that in current realities criminalistics and each of its sections face important problems intending to study and take into consideration modern innovative achievements of science and technology, which can be effectively used while combating crime and successfully ensure urgent needs with forensic innovations in practice. New scientific approaches and proposals for solving the researched discussion problems are justified, perspective directions of research in this field of knowledge are defined.

Author(s):  
Viktor Shevchuk

The paper investigates the development issues associated with the conceptual framework of the innovation studies in forensic science as a new research area in forensic science. The author studies the methodological problems of developing and grouping categories and concepts of the subject matter. It is substantiated that the level of development and validity of any scientific theory, including the innovation studies in forensic science, is determined according to the degree and level of development of its theoretical and methodological principles and the framework of categories and concepts of this theory. In particular, this refers to such concepts as forensic innovation, innovative forensic product, their functions, classifications, stages of the innovation process, etc. The study analyses the scientific approaches to understanding the basic categories of the matter under consideration, which are innovative forensic product and forensic innovation. The author offers their definitions, describes essential features and properties, and analyses the correlation of these concepts. Furthermore, the author analyses the general and universal dialectical method of rising from the abstract to the concrete and from the concrete to the abstract, including their role in the development of the conceptual framework of innovation studies in forensic science. The study notes that the methodological framework for the development and implementation of innovative forensic products and the application of forensic innovations in law enforcement also includes activity-based, system-structural, and technological approaches, the use of which is promising both in the study of basic concepts of innovation studies in forensic science and in the development of this forensic theory. The author articulates proposals and individual insights in the solution of particular debating points associated with innovations in forensic science and law enforcement practice. The study substantiates that a comprehensive approach to the development of basic concepts and categories of innovation studies in forensic science constitutes a methodological foundation for further research on this subject, which determines the promising areas for the development of forensic scienc


2020 ◽  
pp. 102-105
Author(s):  
A. A. Prykhodko

The article analyzes the theoretical and practical aspects of the anti-corruption policy of Ukraine in the context of European integration. Considered that corruption has long been perceived in the EU as a negative phenomenon requiring systematic, strategic and concerted action of a transboundary and transnational character and, in general, a threat to the rule of law. The author concluded that Ukraine will continue to be perceived by a third world country as long as anti-corruption measures are duplicated from one strategic document to another. The anti-corruption strategy of Ukraine should be an early, strategic and systematic tool for the eradication of corruption and the formation of public justice in the context of zero tolerance for such phenomena. Now this is a set of normatively fixed declarative slogans that are consistent with international standards, but are not achievable in practical terms due to the lack of state strategic planning in advance. The new anti-corruption strategy must necessarily include a broad interpretation of all the concepts used in it, including the term “anti-corruption policy”. Taking into account the recommendations of the CIS Interparliamentary Assembly, the author’s vision of the term “anti-corruption policy” has been formed, as a set of principles, tasks, goals and principles of implementation of law-making and law-enforcement activity of public administration within the protection of human and civil rights and freedoms a state implemented by a system of methods, means and measures to combat corruption in priority areas and in accordance with anti-corruption standards and on the basis of transnational national and cross-border cooperation.


2017 ◽  
Vol 118 (9/10) ◽  
pp. 456-470 ◽  
Author(s):  
Juan D. Machin-Mastromatteo

Purpose The purpose of this paper is to construct the basis for a research agenda that integrates participatory methodologies (PMs) into literacies (L) research and practice as a valuable methodological basis. Design/methodology/approach The pros and cons of using PM on L research and practice are explained, as well as its possibilities, characteristics and the contributions of a research agenda under such integration (PM-L agenda). This analysis draws from the pertinent literature, Scopus publication data, the author’s own practice as an information literacy (IL) researcher and a questionnaire used to gather further insights from the research community in this matter. Findings A further understanding of the contributions that a PM-L research agenda can bring to the library and information science field is achieved. The pros, cons, hesitations and eagerness that researchers might have toward the idea of using such integration are valuable for determining if this really is a perfect but not an explicit fit. Research limitations/implications Although the questionnaire was promoted in a large international conference during a four-year period (2013-2017), it was answered by 34 participants; only 16 participants had previous experiences with the PM-L integration, and only an average of 8 participants provided significant answers to our open-ended questions. Thus, the amount of data available to analyze was limited. Certainly, using Scopus data provides a large but incomplete picture of the specialized literature that is peer reviewed and indexed, because it excludes publications not indexed that may be pertinent. Originality/value The PM-L integration is deemed as highly adequate, as PMs seek to improve participants’ conditions, situations and realities through reflection and engagement, while L-related activities and research (including information, digital, media literacy or new literacies) are conducted to improve people’s use and understanding of the media for which they are developing literacy. This contributes to their betterment as critical-thinkers, persons, citizens and learners. However, many researchers and especially practitioners do not formally use PM to conduct L activities, at least in many cases, this is not made explicitly. In the case of practitioners, some have conducted such activities empirically, without an appropriate methodological foundation. Hence, to establish PM as the methodologies of choice may help researchers and practitioners have a stronger methodological basis to conduct their work.


Author(s):  
V. V. Bulgakov ◽  
◽  
D. V. Bulgakova ◽  

The term “legal reality” is rarely used in Russian law. In this regard, the relevance of the article is due to the importance of such a phenomenon as legal reality in the framework of lawmaking and law enforcement. The purpose of the article is to analyze the application of the concepts of “law” and “reality” in Russian law, as well as to investigate the category of legal reality in modern legal science in Russia, to reveal the essence of this phenomenon in its various aspects. The possibility of establishing the boundaries of legal reality has been investigated and its components and a way of comprehension have been determined. The methodological basis of the research is the dialectical method of cognizing social phenomena. It has been established that legal reality, being a certain legal space, a regulator of public relations, is a multi-stage pyramid, consisting of consciousness and perception of the individual, certain attitudes, thoughts, as well as the peculiarities of the interaction of state authorities with citizens. Based on the research carried out, the concept of “legal reality” is given.


2021 ◽  
Vol 118 ◽  
pp. 02009
Author(s):  
Vladimir Mikhailovich Zolotukhin ◽  
Rashit Saitgoraevich Bikmetov ◽  
Vadim Viktorovich Shiller ◽  
Anastasiya Aleksandrovna Tarasenko

The aim of the study is a comparative analysis of the socio-cultural aspect of criminal law enforcement in the Russian mentality. The methodological basis was such scientific methods as dialectical, comparative, logical, historical, prognostic, and systems analysis. This allowed, to achieve this goal, to perform a comparative analysis of the works of Russian and foreign legal experts on the examined problem. The result of the study was the conclusion that the effectiveness of law enforcement is due not only to national mentality, but also to the socio-cultural environment both on the part of the law enforcement officer and citizens as participants and/or eyewitnesses of specific legal relations. The authors also emphasize that culture, as well as socio-cultural environment forms stereotypes of legal behavior, depending on the constitutional and legislative consolidation of socio-political and socio-economic trends in the development of society. The novelty of the work lies in the formulation of the problem and its substantiation. This is due to the fact that the authors emphasize that an essential element is the degree of acceptability of value stereotypes in a particular state that allow and/or prohibit certain actions in connection with the possibility of undermining the foundations of national security and public morality.


2019 ◽  
pp. 70-73
Author(s):  
I. L. Zheltobriukh

This paper explores the existing contradictions between the scientific terminology and the terminology of legislation regarding the definition of subjects and participants in the administrative process. It is noted that acquaintance with the scientific and educational- methodological literature shows that even today there is no clear justification of the relation between the terms “subject of administrative process” and “participant of administrative process”. The main reason for this state of affairs is due to differences in the laws of development of national administrative procedural legislation and the laws of development of science of administrative procedural law. It is concluded that there is a long-standing need to offer the scientific community and practitioners such a concept of relation between the terms “subject of administrative process” and “participant in administrative process”, which would reconcile the contradictions of the otological and epistemological terminology used in the CAS. The necessity to use in the science of administrative law and process justifies the concept according to which the administrative process should be considered as law enforcement activity of administrative courts related to the consideration and resolution of public law disputes. In such a case, the administrative court will always be the subject of the administrative court, whereas the parties, third parties, representatives, assistant judge, court secretary, court administrator, witness, expert, law expert, translator, specialist are only participants in the administrative process that is, persons involved in the enforcement of administrative law.


Author(s):  
Irina Zhukova ◽  
◽  

The role and significance of the influence of civil society on the processes of state regulation of law enforcement activities are revealed. The key aspects of state regulation of law enforcement activity under the condition of active influence of civil society representatives on it are revealed. The main factors of the influence of civil society on the activity of law enforcement bodies, which play an important role in the processes of ensuring the proper functioning of the system of state regulation of law enforcement activities in Ukraine, are substantiated. It is substantiated that in order to effectively perform the tasks assigned to law enforcement agencies, these structures interact with representatives of the public sector. It is proved that interaction with civil society of the law enforcement system is an important aspect to increase the effectiveness of these bodies in ensuring the protection of human rights and freedoms, public order and security, the interests of society and the state, as well as combating crime. Conclusions are formed regarding the content of new approaches to the organization of law enforcement agencies' work with the population, public organizations and local self-government bodies in the field of law enforcement. The complex of the existing administrative measures for achievement of the maximum efficiency of functioning of system of the state regulation of law enforcement activity in a foreshortening of influence of representatives of civil society on it is considered. Current trends and priority areas for improving the mechanisms of civil society influence on state regulation of law enforcement, in particular, the administrative and legal direction on a partnership basis, are outlined.


Author(s):  
Наталья Полящук ◽  
Natalya Polyashchuk

The article provides general characteristics of legal acts regulating the rule making process in the Republic of Belarus and reveals drawbacks that are subject to rectification as part of further improvement of rule-making. The author justifies the position that monitoring of legislation and law enforcement is an integral component of law making that permits to assess efficiency of legal and regulatory framework and optimize both rule making and law enforcement activity. Nevertheless, among the sources regulating certain stages of rule-making process in the Republic of Belarus, there are no regulatory legal acts that would envisage the necessity to carry out legal monitoring (monitoring of legislation and law enforcement) and set forth its procedure. At the same time the Republic of Belarus has enough potential to form an appropriate system to monitor legislation and law enforcement and enshrine it at the regulatory level. Taking these circumstances into account, the author outlines proposals relating to conceptual content (meaning) of regulatory legal acts on the basis of which the author intends to introduce the institute of legal monitoring into the practice of rule-making authorities (executive officers) in the Republic of Belarus.


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