scholarly journals RELEVANCE AND RELIABILITY OF AN EXPERT CONCLUSION AS A CRITERIA FOR EVALUATING FORENSIC EXAMINATION

2020 ◽  
Vol 22 (2) ◽  
Author(s):  
D. Puchko
Keyword(s):  
Forensic Science ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Criminal Proceeding ◽  
Expert Report ◽  
Inadmissible Evidence ◽  
Forensic Examination ◽  
The Future ◽  
Fundamental Law ◽  
Forensic Expert

Based on the analysis of special literature, regulations and forensic expert practice, the article considers the main provisions related to formation of criteria for evaluating a forensic expert report as a source of evidence in terms of their relevance and admissibility. Arguments are provided regarding the fact that if objects investigated by a forensic expert or solved tasks do not relate to materials of criminal proceedings, then, accordingly, a forensic expert report should be recognized as an irrelevant source of evidence. When assessing admissibility of a forensic expert report, it is crucial to establish whether a forensic examination was appointed and conducted in accordance with the procedural order. Such an evaluation criterion is supported by regulations of Article Four of the Fundamental Law of Ukraine: “On Forensic Science”, according to which independence of a forensic expert and validity of his findings are ensured by the procedure for appointing a forensic expert determined by law. It is argued that calling on a forensic expert as a witness for the purpose of clarifying and supplementing his report may lead to his withdrawal from the criminal process by means of recusal. An expert who has conducted forensic examination, interrogated as a witness, will not be able to participate in this criminal proceeding as a forensic expert in the future. If a forensic expert interrogated as a witness will carry out, for example, an additional forensic examination in this criminal proceeding in the future, then it may be recognized as inadmissible evidence, since it was conducted by a witness in this criminal proceeding, which is prohibited by law. That is, based on the regulations of the current criminal procedural legislation of Ukraine, a forensic expert can provide clarifications on the issues of forensic examination carried out by him in criminal proceedings only as a forensic expert and not as a witness.

scholarly journals ABOUT CLASSIFICATION ISSUES OF FORENSIC CONSTRUCTION ENGINEERING EXAMINATIONS

2019 ◽  
Vol 20 (2) ◽  
pp. 480-492
Author(s):  
D. Puchko
Keyword(s):  
Forensic Science ◽  
Building Materials ◽  
Technical Documentation ◽  
Criminal Proceedings ◽  
Construction Engineering ◽  
Legal Proceedings ◽  
Technical Content ◽  
The Subject ◽  
Forensic Expert ◽  
Specialized Institutions

Analysis of forensic science practice indicates that object range and number of performed construction and engineering researches are constantly increasing. Considering relevance of this kind of forensic science as for the investigation of criminal proceedings and for other types of legal proceedings, the basic provisions related to the theoretical base formation of forensic construction and engendering examinations in its classification aspect are considered. Currently, the lists of types of forensic examinations and forensic expert area of specializations are valid in Ukraine. According to these lists qualification of a forensic expert is assigned to experts of forensic science institutions the Ministry of Justice of Ukraine, as well as to specialists who do not work in state specialized institutions. These Lists are annexes to the Regulation: On Qualification Commissions and Certification of Forensic Experts approved by the No. 301/5 order of the Ministry of Justice of Ukraine dated 03.03.2015. According to the specified document, as separate types of forensic examinations, forensic construction engineering, forensic land lot evaluation forensic building evaluation, forensic building evaluation and forensic road examination on corresponding types of expert areas of specialization are recorded. The subject of forensic construction engineering examination and land lot evaluation should be considered factual data and circumstances of the case (production) established on the basis of specialized expertise in construction field having evidentiary value for any type of legal proceedings while research on relevant construction objects: real estate, building materials, structures and related technical documentation. Thus, technical content of construction engineering examinations and forensic land lot evaluations involves forensic construction engineering implementation by examining relevant engineering sites analyzing technical documentation within the subject and tasks of the specified categories of examinations by the relevant subject by applying the appropriate system of research methods. These features distinguish them in independent kinds of forensic science.

PARTICIPATION OF AN INTERPRETER IN CRIMINAL PROCESS OF THE REPUBLIC OF UZBEKISTAN

2021 ◽  
Vol 6 (5) ◽  
pp. 97-103
Author(s):  
Nigora Abdurashitova ◽  
Keyword(s):  
Criminal Justice ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Criminal Proceeding ◽  
Legal Assessment ◽  
Sufficient Knowledge ◽  
Court Proceedings ◽  
The Republic ◽  
The Right

The article examines the criminal procedural status of an interpreter as a guarantor of ensuring therights and freedoms of participants in criminal proceedings. It is known that in a multinational country, it is especially important to respect the right of a participant in a criminal proceeding to choose a language, to have a reliable and accurate translation of case materials. The author, through the analysis of legislative norms, tries to give a legal assessment to the translator, as a specialist, calledupon to clarify the provision of justice in pre-trial and court proceedings. According to the author, it is the competence of the translator in the criminal process, his knowledge of his rights and obligations, sufficient knowledge of special legal vocabulary that is the most important factor in achieving the goals set for criminal justice. The article contains proposals for improving the legalstatus of the translator

scholarly journals Formation and Development of Forensic Science in the Republic of Kazakhstan

2020 ◽  
Vol 15 (1) ◽  
pp. 126-132
Author(s):  
S. Abdolla
Keyword(s):  
Forensic Science ◽  
Detailed Examination ◽  
Forensic Expertise ◽  
Significant Events ◽  
Forensic Examination ◽  
Forensic Expert ◽  
The Republic

The article gives a detailed examination of the formation and development of forensic expertise in the Republic of Kazakhstan; it also establishes its periodization basing on the most significant events. The author lists the main scientists and practitioners of the Kazakh SSR and independent Kazakhstan, who contributed to the formation of the Kazakhstan forensic examination. An analysis of changes in the contemporary legislation governing the forensic expert activity of independent Kazakhstan is also provided.  

scholarly journals Correspondence between the Terms and Defnitions of the International Standard ISO 21043-1-2018 and Terminology Developed by National Forensic Expertology

2019 ◽  
Vol 14 (1) ◽  
pp. 44-49
Author(s):  
E. V. Chesnokova
Keyword(s):  
Forensic Science ◽  
Legal System ◽  
International Communication ◽  
International Standard ◽  
Forensic Examination ◽  
Forensic Practice ◽  
The Subject ◽  
Forensic Expert ◽  
Expert Practice

The issue of developing a uniform language for international communication in the feld of forensic science is considered. The matters of relative maturity of domestic forensic expert terminology and peculiarities of translated terms usage in forensic expertology and forensic practice are discussed. The concept of expertise subject formulated by modern leading scientists is analyzed, the conclusion is made about the subject of forensic examination as a process of establishing facts and circumstances, the purely applied nature of the concept, as well as the similarity to the defnition of expertise in the ISO international standard. Specifc examples are given. The need to translate some foreign standards into Russian and to adjust and implement several of their provisions in domestic legal system and expert practice to standardize forensic and expert activity is emphasized.

Basic principles of the prosecutor in criminal proceedings under Criminal Procedure Code of Ukraine

2016 ◽  
Vol 8 (1) ◽  
pp. 111-122 ◽  
Author(s):  
Ihor Rohatiuk
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Basic Principles ◽  
Criminal Process ◽  
Criminal Proceeding ◽  
Procedure Code ◽  
The Times

Principles have always been the cornerstones of criminal proceedings’ legal regulation affecting all participants of criminal process. Taking into account the accelerated pace of current law enforcement reforming it is necessary to mention the prosecution institute and key role of criminal proceedings’ principles presenting scientific background for further empirical findings. The majority of these principles defines the priority growth directions of criminal process as well as creates friendly environment for behavioral aspects of criminal proceeding parties. This article provides comparative analysis of the existing criminal procedural principles of the prosecutor’s role in the criminal proceedings with specification of the legality principle as a requirement for all subjects of the criminal proceedings, including the prosecutor, to use the norms and provisions of legal acts correctly, to comply it consistently and perform accurately, explores the historical origins of these principles and their determinants’ origin starting from the times of Kievan Rus and its unique judicial system and proves that the adversarial principle is closely connected with dispositivity of prosecutor’s participation in criminal proceeding. An emphasis is placed on correlation between the ‘principles’ and ‘foundations’ terms examined by Ukrainian and Soviet scholars and its application in relation to the newly adopted Criminal Procedure Code of Ukraine.

scholarly journals THE NECESSITY OF REGULATION OF THE DEFINITION “DETAILED DESCRIPTION OF THE STUDIES IN THE EXPERT’S CONCLUSION”

2021 ◽  
pp. 162-175
Author(s):  
A. Poltavskyi
Keyword(s):  
Forensic Science ◽  
State Standard ◽  
International Standards ◽  
Scientific Methods ◽  
Normative Documents ◽  
Procedural Law ◽  
Forensic Examination ◽  
General Scientific ◽  
Forensic Expert ◽  
Forensic Scientists

The article deals with the problem of interpretation of the normatively fixed definition “detailed description of the studies in the expert’s conclusion”, which (that is, conclusion) is a source of evidence in the procedural law of Ukraine. There are presented the views of forensic scientists, the international standards adopted in Ukraine are analyzed, the ILAC G19: 08/2014 “Modules in a Forensic Science Process” guidelines, the draft of fifth part of the ISO 21043 standard “Reporting” regarding the content of this definition. It is stated that “the detailed description of the studies in the expert’s conclusion” is based on the dialectical-materialistic method, methods of formal logic, general scientific methods, methods of maternal sciences and special methods, that is, methodologies of conducting forensic examinations. A parallel is drawn with the latter as with normative documents that should regulate the process of description in the research part of the conclusion. Based on the obtained results of the analysis, it was concluded that in the forensic examination methodology, as a detailed program for solving an expert assignment, in the section that regulates the procedure for formalizing the research conducted by an expert conclusion, the procedure for a detailed description of the research should be determined, which allows for interpretation the results obtained (assessment of the results of the studies carried out and the formulation of conclusions) by others who did not conduct an examination, by qualified specialists having the appropriate competence to confirm the reliability of the results and formulated answers to the questions posed, including by reproducing and/or repeating the process of producing the examination. In order to solve the problem raised, it is necessary to develop the state standard of Ukraine - DSTU XXXX: 202__ “Forensic expert activity. Forensic examination methodologies. Requirements”, in which to determine, inter alia, the content of the definition “detailed description of the studies in the expert’s conclusion”.

scholarly journals Comparative Legal Analysis Of Issues Of Enforcement Of Rights Of Individuals In The Criminal Proceeding Of The Republic Of Uzbekistan And Republic Of Kazakhstan

2021 ◽  
Vol 03 (02) ◽  
pp. 105-110
Author(s):  
Dildora Bazarova ◽  
◽  
Kanat Utarov ◽  
Keyword(s):  
Comparative Analysis ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Distinctive Features ◽  
Criminal Proceeding ◽  
Public Control ◽  
The Republic

The article provides a comparative analysis of the development of ensuring the rights of individuals in two post-Soviet republics; it also gives distinctive features and trends in the development of guarantees of rights in criminal proceedings. The issues of participation of prosecutors and lawyers in the criminal process, the role of public control over the criminal process are considered by the author.

scholarly journals ISSUES OF ECONOMIC EXAMINATION IN CRIMINAL PROCEEDINGS

2021 ◽  
Author(s):  
M. Poliennikov ◽  
O. Buhaienko
Keyword(s):  
Forensic Science ◽  
Judicial Review ◽  
Practical Experience ◽  
Criminal Proceedings ◽  
Comprehensive Investigation ◽  
Scientific Discussion ◽  
Procedural Law ◽  
Forensic Expert ◽  
Exhaustive List

The authors have convincingly demonstrated that the timeliness of the appointment of a forensic economic examination, the precise formulation of questions and the identification of an exhaustive list of objects submitted to the expert for study are of great importance for the objective and comprehensive investigation of crimes. The implementation of these proposals will not only optimize the process of appointing and conducting a forensic economic examination, but will contribute significantly to the efficiency of the investigation and judicial review of criminal proceedings. In the authors’ view, improvements in the detection, investigation and prevention of crimes through the lens of scientifically grounded forensic expert activity will contribute to the improvement of the efficiency and quality of the execution of forensic examinations. Without any doubts, the development of forensic science as an institution of evidence and procedural law cannot take place without scientific discussion, discussion of the results of scientific research, exchange of views and practical experience, which will make it possible to find optimum criteria for solving current problems.

scholarly journals ON THE ESSENCE AND LEGAL NATURE OF THE FORENSIC EXAMINATION IN CRIMINAL PROCEEDINGS

2021 ◽  
pp. 5-16
Author(s):  
V. Tishchenko ◽  
L. Belik ◽  
O. Samoilenko ◽  
Yu. Tishchenko
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Procedural Law ◽  
Procedure Code ◽  
Legal Science ◽  
Forensic Examination ◽  
Legal Nature ◽  
Forensic Expert ◽  
The Law ◽  
Definition Of

The article is devoted to the study of aspects of the essence and legal nature of forensic examination in criminal proceedings. It is analyzed the provisions of the Law of Ukraine “On Forensic Examination”. The norms of the Criminal Procedure Code concerning the grounds for the appointment and conduct of forensic examination have been investigated. It has been established that many scientists in the field of civil procedural law, criminal procedural law, criminology and forensic examination paid attention to the legal content of the forensic examination. The nature of occurrence of forensic examination has been investigated. It has been established that at the legislative level, the term “forensic expert activity” is used only in the Law of Ukraine “On Forensic Examination”. In the specified normative legal act there is no clear definition of this concept, scientists through the analysis of some norms of law reveal its content. Regarding the definition of the concept of forensic examination, it has been established that there is no consensus in legal science. Regarding the definition of the concept of forensic examination, it has been established that there is no consensus in legal science. The article analyzes the criminal procedure form of appointing a forensic examination. Key words: forensic examination, criminal proceedings, forensic expert activity, forensic expertology, criminal procedural form.

scholarly journals Forensic Expert Activity: Issues of Improving Effectiveness

2021 ◽  
Vol 3 (21) ◽  
pp. 204-214
Author(s):  
Inessa Ovsiannykova
Keyword(s):  
Forensic Science ◽  
Scientific Literature ◽  
Previous Analysis ◽  
Practical Experience ◽  
Existing Problems ◽  
Judicial Efficiency ◽  
Forensic Examination ◽  
Administrative Legislation ◽  
Forensic Expert

Improving efficiency of forensic science nowadays is poorly understood and extremely relevant for administration of effective justice in Ukraine. To understand the goals that need to be achieved to obtain the desired result, first the existing problems that need to be addressed must be understood. Based on the previous analysis of the administrative legislation of Ukraine, scientific literature, as well as the practical experience of experts, the article considers the key problems in the field of forensic examination of theoretical, methodological, practical and administrative nature, which must be addressed to improve judicial efficiency in the country. Keywords: effectiveness, expert, forensic expert activity.

Sign in / Sign up

Export Citation Format

Share Document