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.

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 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 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 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.

scholarly journals Forensic Expertise as a Special Method of Proving in Predictional Proceedings in Criminal Case

2020 ◽  
Vol 4 (91) ◽  
pp. 100-107
Author(s):  
S.B. Rossinsky ◽  
Keyword(s):  
Preliminary Investigation ◽  
Criminal Procedure ◽  
General System ◽  
Criminal Case ◽  
Special Method ◽  
Criminal Proceedings ◽  
Forensic Examination ◽  
Special Character ◽  
Special Means ◽  
Special Knowledge

With this article, the author continues the cycle of his publications devoted to the problems of proof in pre-trial proceedings in a criminal case. The article considers one of the most controversial procedural methods of establishing the circumstances that are important for a criminal case - forensic examination. The most common methods of collecting evidence in pre-trial proceedings are compared: forensic examination and investigative actions. Its essential features are consistently identified and analyzed, which predetermine its special character and special place in the general system of cognitive techniques that are in the arsenal of the preliminary investigation bodies. As such signs stand out: a) the need to use special knowledge; b) mandatory involvement of an expert as a special participant in criminal procedural relations; c) the need for research and the formulation of expert conclusions; d) complicated criminal procedure form; e) formation of a special means of criminal procedural proof - an expert opinion. Separately, attention is drawn to the rather serious procedural capabilities of an expert, which resemble not so much the rights of participants in criminal proceedings provided for in Ch. 8 of the Criminal Procedure Code of the Russian Federation, how many jurisdictional powers of the preliminary investigation bodies and the court It has been suggested that the opportunity given to the expert to assess the actual soundness of the objects of research and their aggregate sufficiency for formulating certain conclusions, likens him to a kind of scientific judge, that is, the role that the famous German scientist K. Mittermeier predicted more than 150 years ago ... The forensic examination is defined as a very original, to a certain extent even a unique procedural technology aimed at establishing (proving) the circumstances that are important for a criminal case.

scholarly journals USE OF SPECIAL KNOWLEDGE DURING THE EXAMINATION OF THE SCENE OF A CRIME IN THE ORDER OF PART 3 ART. 214 OF THE CRIMINAL PROCEDURE CODE OF UKRAINE

2021 ◽  
Vol 74 (1) ◽  
pp. 153-160
Author(s):  
Andrіy Shulha ◽  
◽  
Tetyana Khailova ◽  
Keyword(s):  
Legal Status ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Knowledge And Skills ◽  
Procedural Law ◽  
Procedure Code ◽  
Criminal Procedure Law ◽  
Special Knowledge ◽  
The Law

The article deals with the problem of specialist’s participation in the scene examination, which is carried out before entering information into the Unified Register of the pre-trial investigations. The essence of the problem is that the current criminal procedural law of Ukraine recognizes the specialist’s participation only in the pre-trial investigation, the litigation and the proceedings in the case of the commission of an unlawful act under the law of Ukraine on criminal liability. Part 1 of Article 71 of the Criminal Procedure Code of Ukraine states that a specialist in criminal proceedings is a person who has special knowledge and skills and can provide advice and conclusions during the pre-trial investigation and trial on issues that require appropriate special knowledge and skills. In other cases, the specialist has no procedural status. In addition, Part 1 of Article 237 of the CPC of Ukraine «Examination» states that the examination is conducted to identify and record information on the circumstances of the offense commitment. It is an act provided by the law of Ukraine on criminal liability. However, there are the cases in the investigation, when a report is received, for example, about a person's death, other events with formal signs of the offense, which must first be checked for signs of a crime, and only then the act can be considered as offense. In this case, a specialist takes part in the scene examination. However, the current criminal procedure law in accordance with Part 1, Article 71 of the Criminal Procedure Code of Ukraine determines the legal status of a specialist only as the participant in criminal proceedings. The paragraph 10, part 1 of Article 3 of the Criminal Procedure Code of Ukraine defines the criminal proceedings as pre-trial investigation and court proceedings or procedural actions in the case of the commission of an unlawful act. Therefore, when the inspection of the scene is based on the uncertain status of the event (there is no clear information that the event contains signs of an offense), the specialist’s participation is not regulated by law. The authors propose to consider the specialists as «experienced persons» in cases mentioned above and to include their advices to the protocol of the scene examination, as the advices of other scene examination participants.

scholarly journals ENGAGEMENT OF EXPERTS AND SCHEDULING FORENSIC EXAMINATION UNDER INVESTIGATION SAFETY RULES VIOLATIONS WHEN PERFORMING WORKS WITH HEIGHTENED DANGER

2016 ◽  
Vol 16 ◽  
pp. 118-126
Author(s):  
К. О. Spasenko
Keyword(s):  
Labor Protection ◽  
Negative Consequences ◽  
Forensic Examination ◽  
Technical Examination ◽  
Forensic Engineering ◽  
Special Knowledge ◽  
Technical Construction ◽  
Safety Rules

The peculiarities of the use of special knowledge in the process of investigation of the specified category of crimes are considered, they consists in narrow directed specifics of violations of safety rules during execution of works with in-creased danger. A range of issues to be clarified during carrying out certain examination is outlined. Their variability is noted depending on the work performed, the type of negative consequences and other elements of the criminalistic characteristics of crime. Scheduling forensic medical and forensic engineering-technical examination on labor protection, mining-technical, construction-technical and technical examination of documents in the aspect of the raised problematics is examined.

scholarly journals ABOUT FORENSIC EXPERT PARTICIPATION IN CASES OF ADMINISTRATIVE OFFENSES

2018 ◽  
Vol 18 ◽  
pp. 194-202
Author(s):  
O. P. Uhrovetskyi ◽  
O. O. Sviderskyi
Keyword(s):  
Legal Status ◽  
Actual Data ◽  
Forensic Research ◽  
Forensic Examination ◽  
Special Knowledge ◽  
Forensic Expert ◽  
Research Decision ◽  
Structure Complexity ◽  
Administrative Proceedings ◽  
Procedural Rights

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.

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