scholarly journals CORRELATION AND STRUCTURE OF A FORENSIC TECHNIQUE AND FORENSIC SCIENCE

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.

Author(s):  
A. N. Khalikov

The article considers the purpose of criminalistics as an objective science. The author briefly analyzes the definitions of the subject of criminology proposed by scientists in different years. At the same time, the General trend becomes obvious — the monopolization of criminology by law enforcement agencies. With reference to the position of the Patriarch of Russian criminalistics R. S. Belkin, the author expresses his opinion that criminalistics cannot and should not serve only state law enforcement agencies. The results of forensic research can be successfully used in criminal cases by the defense party-lawyers and other representatives of suspects and accused. The article provides examples when abuses by the preliminary investigation bodies with reference to the use of criminalistics provisions led to judicial errors and bringing innocent persons to criminal responsibility. Only in court, when using the evidence presented by the parties to the defense and prosecution, obtained, including through the use of recommendations of forensic science, a criminal case can be fairly resolved. 


2021 ◽  
Vol 25 (4) ◽  
pp. 683-694
Author(s):  
Nicolay A. Zubkov ◽  
Elena A. Nikitina

The phenomenon of information conflict at the moment is an actual research object of many social and humanitarian disciplines. On the other hand, there is a lack of fundamental theoretical, primarily philosophical and methodological, research on this issue. This is expressed, inter alia, in the absence of philosophical and methodological grounds for isolating an information conflict from the totality of all objectively observed communications, i.e. demarcation of the phenomenon. The problem of finding criteria for an information conflict is of key importance in the formation of the methodological foundations and categorical apparatus for studying this phenomenon. In this regard, the need to develop theoretical foundations for the demarcation of information conflict is an urgent research task. The object of this work is the phenomenon of information conflict as part of the communicative process. The subject of the research is the problem of demarcation of information conflicts from all aggregate communications. The purpose of the study is to describe and substantiate the existing object-oriented methodologies that allow for the demarcation procedure. The following tasks are adequately formulated for the purpose of the study: 1) describe the problem of demarcation; 2) identify the communicative grounds of the information conflict; 3) analyze and highlight the main approaches to the problem of demarcation of information conflict. The novelty of the work lies in the systematic description and structuring of methodological approaches to the problem of demarcation of information conflicts, as well as analysis of the boundaries of methodologies and approaches. In the course of the work, it was determined and proved that, relying solely on the theory of communication, it is impossible to adequately carry out the demarcation procedure; it is necessary to use additional, non-communicative demarcation criteria, which is due to the variety of demarcation approaches in various studies. In conclusion, conclusions are formulated about the limitations of object-oriented approaches for solving the problem of demarcation of information conflicts.


Author(s):  
Valery Glushchenko ◽  
Kulkov Daniil Andreevich ◽  
Alenin Ilya Aleksandrovich

the subject of this work is the study of the mechanism of the effect of "neurotech" technologies on the formation of the sixth technological order in engineering; the object of the article is dedicated to the sixth technological order in engineering, the aim is to increase the efficiency of the processes of development of the sixth technological order in mechanical engineering based on the development of the theoretical foundations of neurotechnology in mechanical engineering. For achieving this goal, the following tasks are solved: the study of the concept, content, structural elements of the sixth technological order in post-industrial engineering; the description of the essence and content of neurotechnologies in post-industrial engineering; the development of methods of logical analysis and synthesis of neurotechnologies in post-industrial engineering; the formation of a criteria base for evaluating the effectiveness of the processes of the development of neurotechnological engineering within the sixth technological order. The research methods in the article are synthesis and analysis, logical and historical analysis, heuristic synthesis, system and comparative analysis, search and normative forecasting, expert assessments, the scientific novelty of the article is connected with the study of the appearance of the sixth technological order in mechanical engineering, the mechanism of influence of neurotechnologies on the development of the sixth technological order in post-industrial engineering.


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.


2021 ◽  
Vol 16 (8) ◽  
pp. 152-159
Author(s):  
A. S. Malimonova

Crimes committed in the field of food security are the subject of research in various legal sciences, including the forensic science. Despite the fact that such crimes are well known around the world, there is a lack of scientific research devoted to them, especially with a forensic focus. The author analyzes the academic literature on food security crimes, developed in several disciplines (criminal law, criminology, forensic science), and concludes that there is no scientific classification of the considered group of crimes from a forensic point of view. The paper outlines the author’s forensic classification of crimes in the field of food security, briefly describes the grounds for such a classification, and provides a definition of crimes in the field of food security as an object of forensic research.


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.


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.


Author(s):  
T. I. Kukharchyk ◽  
S. V. Kakareka ◽  
M. I. Kazyrenka ◽  
V. D. Chernyuk ◽  
A. V. Krylovich

In the article the results of studying the sites of industrial enterprises, which have stopped their activities fully or partially in Minsk, are discussed. It is shown that in most cases the re-development of industrial sites with a change of their functional purpose is carried out after 10 years or more. Based on the results of preliminary investigation of a number of the former industrial sites, it was established that such sites continue to be sources of pollutants after the completion of enterprises activity. The enrichment of technogenic substrates carried out from industrial sites by surface runoff (sediments near storm collectors and in topographic lows) with heavy metals is shown. The average content of cadmium in sediments is 2,6 (maximum – 3,9), lead – 3,1 (14), copper – 2,5 (2,2), zinc – 1,7 (2,8), nickel – 3,3 (8,0), chromium – 3,4 (6,6) times higher than in soils. The established standards for lead were exceeded in 63 % of cases, for cadmium – in 77 %, for zinc and copper – in 100 % of cases. The maximum permissible concentration was exceeded 5 times for at least one indicator in almost half of the samples (44 %). The dependence of heavy metals accumulation on the specialization of previously carried out industrial activities is shown. The need for improvement of scientific and methodological approaches to studying of contaminated and potentially contaminated post-industrial areas in connection with their planned re-profiling for urban planning purposes is discussed.


Author(s):  
Ю. М. Оборотов

В современной методологии юриспруденции происходит переход от изучения состо­яний ее объекта, которыми выступают право и государство, к постижению этого объек­та в его изменениях и превращениях. Две подсистемы методологии юриспруденции, подсистема обращенная к состоянию права и государства; и подсистема обращенная к изменениям права и государства, — получают свое отображение в концептуальной форме, методологических подходах, методах, специфических понятиях. Показательны перемены в содержании методологии юриспруденции, где определяю­щее значение имеют методологические подходы, определяющие стратегию исследова­тельских поисков во взаимосвязи юриспруденции с правом и государством. Среди наи­более характерных подходов антропологический, аксиологический, цивилизационный, синергетический и герменевтический — определяют плюралистичность современной методологии и свидетельствуют о становлении новой парадигмы методологии юриспру­денции.   In modern methodology of jurisprudence there is a transition from the study the states of its object to its comprehension in changes and transformations. Hence the two subsystems of methodology of jurisprudence: subsystem facing the states of the law and the state as well as their components and aspects; and subsystem facing the changes of the law and the state in general and their constituents. These subsystems of methodology of jurisprudence receive its reflection in conceptual form, methodological approaches, methods, specific concepts. Methodology of jurisprudence should not be restricted to the methodology of legal theory. In this regard, it is an important methodological question about subject of jurisprudence. It is proposed to consider the subject of jurisprudence as complex, covering both the law and the state in their specificity, interaction and integrity. Indicative changes in the content methodology of jurisprudence are the usage of decisive importance methodological approaches that govern research strategy searches in conjunction with the law and the state. Among the most characteristic of modern development approaches: anthropological, axiological, civilization, synergistic and hermeneutic. Modern methodology of jurisprudence is pluralistic in nature alleging various approaches to the law and the state. Marked approaches allow the formation of a new paradigm methodology of jurisprudence.


2020 ◽  
Vol 10 (5) ◽  
pp. 134-140
Author(s):  
MAKSIM SHKVARUN ◽  
◽  
SEJRAN ISKENDEROV

The subject of the research is the degree of influence of Sunni and Shi’ism on political processes in Arab countries. The object of the research is Islam as the legal basis of the state. The authors examine in detail such aspects of the topic as the historical analysis of the origin of Islam, the reasons for the division of Islam into Sunnis and Shiites, a comparative analysis of the two branches of Islam, the peculiarities of the legal schools of Islam, the interaction of Sunnis and Shiites with state power. Particular attention is paid to the analysis of interpretations (kalams) of the Qur’an and Sunnah. The study is fundamental and is aimed at the historical and political analysis of Islam in the XXI century. The relevance of this topic is confirmed by numerous studies of the described problems. The main conclusions of the study are that one of the key problems in the Arab states is the issue of the origin of power, which remains relevant even in the XXI century. The authors’ special contribution to the study of the topic is the hypothesis that the radicalism of Islam is associated with its short history in comparison with Christianity. Thus, Islam in the XXI century. is still at an active stage of formation, which leads to the emergence of Islamic terrorist organizations. The novelty of this scientific study lies in the consideration of historical processes in the political discourse of the XXI century.


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