scholarly journals FORENSIC-ECONOMIC EXPERTISE IN PROVING CIRCUMSTANCES THAT ARE SUBJECT TO COMPULSORY PROOF IN THE INVESTIGATION OF CRIMES IN THE FIELD OF FINANCING SOCIAL TARGETED PROGRAMS

2019 ◽  
Vol 20 (2) ◽  
pp. 403-414
Author(s):  
D. Viter
Keyword(s):  
Expert Knowledge ◽  
Economic Research ◽  
Criminal Proceedings ◽  
Objective Truth ◽  
Expert Opinions ◽  
Correct Definition ◽  
Expert’S Opinion ◽  
The Subject ◽  
Definition Of ◽  
Informal Notes

Traces of criminal activities in the field of financing social targeted programs are often reflected in a number of documents that this activity is issued and accompanied. In this regard, one of the leading places in the investigation of criminal proceedings for such crimes are expert studies on the use of techniques and methods for diagnosing the financial and economic situation of the enterprise. The purpose of the article is to outline the features of forensic economic expertise and to highlight their capabilities in proving circumstances that are subject to mandatory proving when investigating crimes in the field of financing social targeted programs. The article emphasizes that the results of economic research in the form of a conclusion of a forensic expert is one of the sources of evidence in criminal proceedings, which is objective and reflects the correlation relations in the criminal process regarding the establishment of objective truth in a particular criminal proceeding and its solution. essentially. It was noted that the practice of investigation and consideration by the courts of crimes in the field of financing social targeted programs indicates that there are not many cases in which the issues that are addressed by it go beyond the limits of expert knowledge, which indicates the problem of identifying the initiator of examination of the species and subspecies Forensic-economic expertise, the characteristics of the subject and object of this expertise and its subspecies are given. The attention is drawn to the fact that the practical activity of an expert, the limits of his competence in determining the range of issues that he can solve depends on the correct definition of the subject and the object of the examination. It is established that one of the peculiarities of committing crimes in the sphere of financing social targeted programs is that they are committed by officials using multi-combinations and related to the concealment of data in accounting documents. It is proved that all collected valid and fictitious documents, informal notes of materially responsible persons should be attached to the materials of the proceedings; interrogated all persons who can testify about the crime in the sphere of funding social targeted programs, as well as all the expert opinions, the conclusions of which can be used by an expert-economist to provide an expert’s opinion.

Reliability evaluation of a forensic expert's opinion: World practices and Ukrainian realities

2021 ◽  
Vol 28 (2) ◽  
pp. 252-261
Author(s):  
Volodymyr A. Zhuravel ◽  
Violetta E. Konovalova ◽  
Galina K. Avdeyeva
Keyword(s):  
Expert Opinion ◽  
Forensic Analysis ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Expert Opinions ◽  
Expert’S Opinion ◽  
General Scientific ◽  
Special Knowledge ◽  
The Subject ◽  
Modelling And Forecasting

Improving the activities of pre-trial investigation and judicial review largely depends on the increased use of special knowledge in forensic investigative practice and, above all, the involvement of an expert and their analysis. The relevance of the subject matter is explained by the need to introduce new forms and approaches to evaluating the reliability of expert opinions, in particular with the involvement of independent specialists of the corresponding speciality. The purpose of this study was to provide arguments regarding the expediency of attracting knowledgeable persons as reviewers to evaluate the objectivity and completeness of forensic analysis, the correctness of the methods and techniques applied by the expert, and the validity of the opinion. To achieve this purpose, the following general scientific and special research methods were used: Aristotelian, comparative legal, functional, sociological, statistical, system and formal legal analysis, legal modelling, and forecasting. It was established that in the vast majority of countries of the world, except Ukraine, an independent, knowledgeable person with special knowledge in the corresponding field is involved to help evaluate the reliability of an expert opinion. It was proved that contacting knowledgeable persons to evaluate the objectivity, validity, completeness of expert research helps establish the causality between the identified features of the object of analysis and the fact that is subject to establishment, and also gives grounds for determining the affiliation, admissibility, reliability, and sufficiency of the expert opinion. At the same time, a specialist's review cannot serve as a source of evidence, but only has an auxiliary (advisory, technical) nature and can serve as a basis for appointing a second (additional) forensic analysis or a cross-examination of the expert and the reviewer. To exercise the rights of individuals to fair justice, it is proposed to introduce this procedure for evaluating the reliability of expert opinions in Ukraine, with the necessary changes in the current procedural legislation of Ukraine to provide an opportunity for participants in criminal proceedings and the victim to attract knowledgeable persons as reviewers of expert opinions

scholarly journals SPRAWNOŚĆ POSTĘPOWANIA KARNEGO A PRZERWA I ODROCZENIE ROZPRAWY GŁÓWNEJ. ROZWAŻANIA W KONTEKŚCIE OSÓB DOTKNIĘTYCH CHOROBĄ PSYCHICZNĄ LUB UPOŚLEDZENIEM UMYSŁOWYM

Probacja ◽  
2020 ◽  
Vol 4 ◽  
pp. 21-30
Author(s):  
Dominika Boniecka -Hakobyan
Keyword(s):  
Mental Disorder ◽  
Mental Disability ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Mentally Disordered ◽  
Expert Opinions ◽  
Common Causes ◽  
Expert’S Opinion ◽  
The Subject ◽  
Time Required

The purpose of this article is raising the issue of the efficiency of criminal prosecution in case of the continuance, due to mental disorder or mental disability of the defendant. The text corpus includes the overview of the achievements of the doctrine and judicature in the efficiency of the criminal prosecution with the latest amendments. It has been enriched with the exploration of statistics of the Ministry of Justice regarding the number of complaints for excessive length of criminal proceedings in the years 2012-2016, its most common causes, and the observation of the development of its average duration over the years 2011-2018. The analysis has contributed to draw theoretical and practical conclusions. Firstly, it should be noted, that despite for years there have been trying to increase the efficiency of the criminal prosecution, yet still occasionally, there are circumstances extending the duration of the proceedings. Among these, should be recorded the necessity of preparing expert opinions, in the situation when it comes to even a supposition, that one of the parties to the proceedings, is mentally disordered or with a mental disability. Frequently, such an opinion is preceded by observations and research, which explains the extended time of the procedure. Ultimately, that is justified, in terms of quality and possible consequences of confirmed mental illness, mental disability or any other mental disorder. Secondly, the time required for preparing expert opinions, in indicated above cases, makes possible complaints unreasonable. Thirdly, a recess in a trial may turn out to be insufficient to draw an expert opinion, which can lead to an adjournment and may end up with a need to conduct the whole procedure from the beginning. Unfortunately, that is not the only consequence, as when a recess is followed by an adjournment, the prepared during the recess expert’s opinion may not be used in the next proceedings (conducted from the beginning). The author hopes that the above article would be an incentive to reconsider the subject matter through the prism of described issues.

CONCEPT AND CONTENT OF A RECONCILIATION AGREEMENT IN THE CRIMINAL PROCEEDINGS OF UKRAINE

2017 ◽  
Author(s):  
Mariia Sirotkina ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Main Attention ◽  
Criminal Offense ◽  
Procedural Law ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Definition Of

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".

scholarly journals Land dispute as an object of arbitration process

2021 ◽  
Vol 39 (3) ◽  
pp. 118-122
Author(s):  
M. A. Magomedova ◽  
Keyword(s):  
Russian Federation ◽  
Structural Elements ◽  
Legal Concept ◽  
Land Dispute ◽  
Correct Definition ◽  
Arbitration Process ◽  
The Subject ◽  
The Russian Federation ◽  
Characteristic Features ◽  
Definition Of

In the current legislation of the Russian Federation, there is no concept of a land dispute, which causes difficulties in determining the competence of an arbitration court in cases in which the object of the dispute is land. The article analyzes the general legal concept of a dispute and the sectoral concept of a land dispute developed by scientists. The author identified the characteristic features of a land dispute and its structural elements. The work reveals the influence of the structural elements of the land dispute on the type of production in which the dispute will be considered. In addition, the author concludes that the correct definition of the structural elements of the land dispute enables the arbitration court to determine the appropriate persons participating in the case, the subject of proof, the relevance and admissibility of evidence, and ultimately make a lawful and wellgrounded court decision.

scholarly journals ДЕЯКІ ПРОБЛЕМИ ТИМЧАСОВОГО ВИЛУЧЕННЯ ТА АРЕШТУ МАЙНА ЯК ЗАХОДІВ ЗАБЕЗПЕЧЕННЯ КРИМІНАЛЬНОГО ПРОВАДЖЕННЯ

2019 ◽  
Vol 13 ◽  
pp. 520-528
Author(s):  
І. В. Гловюк
Keyword(s):  
Criminal Procedure ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
The Subject ◽  
Definition Of

Стаття присвячена дослідженню проблемних питань застосування тимчасового вилу­чення майна та арешту майна як заходів забезпечення кримінального провадження із урахуванням наявної судової практики. Указано та обґрунтовано некоректність норма­тивного визначення тимчасового вилучення майна. Відмічено прогальність нормативного визначення арешту майна в аспекті об'єктів, на які може бути накладено арешт. Сфор­мульовано пропозиції щодо внесення змін та доповнень до ч. 1 ст. 167 КПК щодо ви­значення поняття «тимчасове вилучення майна» та ч. 1 ст. 170 КПК щодо осіб, на майно яких може бути накладено арешт.   The article is dedicated to the research of problematic issues of exercise of temporary seizure of property and arrest of property as means for ensuring criminal proceedings considering relevant judicial practices. Author mentioned and justified his point of view regarding incorrectness of the normative definition of seizure. Author also indicated whitespaces of the regulatory definition of arrest of property in the aspect of objects that may be the subject for the arrest. Proposals for amendments and additions to the part 1 of the Art. 167 of the Criminal Procedure Code regarding the definition of «temporary seizure of property» and part 1 of the Art. 170 of the Criminal Procedure Code regarding the scope of persons whose property may be arrested have been made.

scholarly journals Criminal procedure principles in defendant hearing

2020 ◽  
Vol 10 (2) ◽  
pp. 68-81
Author(s):  
Željko Mirkov
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Crucial Issue ◽  
Legal Rules ◽  
Party Control ◽  
Criminal Procedure Law ◽  
Uniform Definition ◽  
The Subject ◽  
Definition Of ◽  
Principle Of Legality

Although there is no uniform definition of procedural principles in criminal procedure theory, they can be defined as legal rules or guidelines on which the criminal proceedings are based. As such, the principles of criminal procedure law apply to procedural entities and procedural actions. Evidentiary actions, as a type of procedural action, clarify the criminal case that is the subject of the criminal proceedings. The Criminal Procedure Code stipulates several evidentiary actions, one of which is the preliminary hearing of the defendant. The defendant hearing, in which the defendant gives their testimony, is given a great deal of attention because it represents one of the most important pieces of evidence, and the course of evidence presentation is the most significant and crucial issue of the criminal proceedings. Therefore, the paper will present a review of the criminal procedure principles related to this evidentiary action, starting from the principle of legality as the main principle, followed by the principles of orality, publicity, immediacy and adversity (party control of facts and means of proof).

scholarly journals Theoretical Review of Entrepreneur and Social Entrepreneurship Concepts.

2022 ◽  
Vol 3 (6) ◽  
pp. 19-26
Author(s):  
María Dolores Martínez García ◽  
José María Moreno Meneses ◽  
Karina Valencia Sandoval
Keyword(s):  
Literature Review ◽  
Social Entrepreneurship ◽  
Gradual Increase ◽  
Environmental Problems ◽  
Avant Garde ◽  
Correct Definition ◽  
Different Types ◽  
The Subject ◽  
Definition Of

This article includes a theoretical review of Social Entrepreneurship (SE) due to the gradual increase in the need for new businesses, but also for solutions to social and environmental problems. First, a brief introduction is given explaining why it is important today to have a correct definition of ES. Additionally, the concept of entrepreneur and its different types are defined to create a context and thus be able to talk about the subject. Likewise, a literature review is carried out to achieve a better understanding of an avant-garde concept such as this type of entrepreneurship. Finally, the article concludes with the most important points covered throughout the writing, in addition to a definition of entrepreneur and social entrepreneurship made after analyzing the information found.

scholarly journals Reform and Digitalization of Pre-trial Proceedings in Criminal Proceedings of the Kyrgyz Republic

2020 ◽  
Vol 6 (9) ◽  
pp. 308-315
Author(s):  
K. Smanaliev
Keyword(s):  
Public Relations ◽  
Criminal Procedure ◽  
Electronic System ◽  
Kyrgyz Republic ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
The Subject ◽  
Legislative Reforms ◽  
The Moment ◽  
Definition Of

The article is devoted to the peculiarities of changes in the model of criminal proceedings in the Kyrgyz Republic and the definition of ‘criminal proceedings’ is given in a new edition. It has been established that pre-trial proceedings as a stage in the criminal process; begins with the registration of statements and messages and is the initial independent stage of the criminal process, manifesting in two forms: investigation and proceedings on misdemeanor cases. It was confirmed that the refusal from the stage of initiating a criminal case was replaced by a new institute of the Unified Register of Crimes and Misdemeanors, which includes a process starting from the moment of electronic registration and a system for recording applications and messages, and ending with the execution of a court sentence. The object of the research is public relations associated with the reform and digitalization of pre-trial proceedings in the Kyrgyz Republic. The subject of the research is the novelties of the criminal procedure legislation of the Kyrgyz Republic regarding pre-trial proceedings. In connection with the latest legislative reforms and digitalization in Kyrgyzstan, a comparative analysis of the state of the criminal procedure legislation of a number of post-Soviet states (Kazakhstan, Ukraine, Georgia, Moldova) on issues related to the electronic system of the unified register of crimes and misconduct seems relevant to the author.

Systematic Design of Mechanical Devices

1998 ◽  
Author(s):  
Preben W. Jensen
Keyword(s):  
Systematic Design ◽  
Type Synthesis ◽  
Usual Definition ◽  
Kinematic Chains ◽  
Input And Output ◽  
Correct Definition ◽  
The Subject ◽  
Systematic Development ◽  
Definition Of ◽  
Mechanical Devices

Abstract Structural analysis and type synthesis (joint substitution) is a prerequisite for the systematic development of mechanisms. However, the design of mechanical devices requires first a consideration of whether there is a fixed member or not (as by hand-held devices) and then a differentiation between at least two input and two output members (links). The subject of hand-held tools requires an expanded (and correct) definition of a mechanism because no link is fixed (although they are mechanisms in the true sense of the word). Open as well as combined open and closed kinematic chains must be included in the definition of mechanisms. This approach leads to the creation of new devices that cannot be obtained with known methods. This approach also allows a closer look at existing devices. The intuitive approach, even for one who is very familiar with linkage mechanisms, will in general not lead to the goal of choosing the input and output links in an optimal way. The development requires an overhaul of the usual definition of a mechanism.

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.

Sign in / Sign up

Export Citation Format

Share Document