scholarly journals MEANS OF COUNTERACTING THE PROVISION OF AN INTENTIONALLY MISLEADING CONCLUSION BY AN EXPERT

2016 ◽  
Vol 15 ◽  
pp. 180-188
Author(s):  
M. V. Shepitko
Keyword(s):  
Legal Status ◽  
Criminal Liability ◽  
Legal Proceedings ◽  
Forensic Examination ◽  
Special Knowledge ◽  
Psychological Influence ◽  
Forensic Expert ◽  
The Law ◽  
Misleading Conclusion

The article deals with the problems of counteracting the provision of an intentionally misleading conclusion by an expert. It analyzes the rights, obligations and liabilities of an expert. The research focuses on the fact that a forensic expert differs from other participants to criminal legal proceedings - he/she has special knowledge. According to his/her legal status an expert is engaged in this activity on a permanent basis using the powers given by the Law of Ukraine «On forensic examination» and procedural laws. The article pays particular attention to the forms of obligations undertaken by an expert in the course of a pretrial investigation and trial - warning of criminal liability, the oath by an expert. With this regard the article specifies common and distinctive traits of the abovementioned oaths showing different purposes that the lawmaker had in mind while drafting them. It is important to point out to the conclusion that the mechanism of counteracting the provision of an intentionally misleading conclusion by an expert is a means of psychological influence. This episode may indicate a possibility of excessive intimidation of this participant of the criminal legal proceedings.

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 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.

scholarly journals EXPERT PLACE IN THE SYSTEM OF SUBJECTS OF FORENSIC EXPERT ACTIVITY

2019 ◽  
Vol 20 (2) ◽  
pp. 139-150
Author(s):  
O. Snigerov ◽  
A. Bublikov ◽  
E. Kurdets
Keyword(s):  
Legal Status ◽  
Point Of View ◽  
Professional Activity ◽  
Criminal Proceedings ◽  
Judicial Process ◽  
Legal Proceedings ◽  
Professional Activities ◽  
Special Knowledge ◽  
Forensic Expert ◽  
Expert Science

The article notes that one of the most important forms of using special knowledge in the judicial process is the involvement of an expert and the conduct of forensic examination. It is emphasized that the scientists have proved that from the point of view of forensic expert science as a science, forensic-expert activity acts as its object of cognition. However, beyond their attention was the characteristic of the place of an expert in the system of subjects of forensic expert activity. It is stated that forensic-expert activity can be considered as formed and relatively autonomous type of socially useful activity, which closely interacts with law-enforcement activity in general and criminal-procedural in particular in order to meet the needs of legal proceedings. It was emphasized that the development of the SED contributed to the change and further improvement of legal and procedural relations in order to improve their legal status. In this case, entities, with the exception of general ones, have their own specific tasks and, within the limits of their decision, act independently, interacting only when solving general tasks of expert activity. The article emphasizes that forensic and criminal-procedural activities are closely interconnected, sometimes intertwined and repeated, taking into account the peculiarities of the professional activity of the expert. This is due to the fact that in some cases, for example: conducting expert research, he acts as a subject of expert activity, and in case of his involvement in the criminal process, for example: appointment and conducting of examination — becomes a party to criminal proceedings. As a result of the analysis of different approaches to evaluating the properties of professional activity of the expert as a subject of expert activity, it was determined that they can be divided into general (social character, purposefulness, planning, systematic implementation) and special (legal nature, relative independence of the expert, research character, verifiability (checking) of the expert’s activity, initiative, constructiveness, correlation of individuality and collegiality, special socio-psychological atmosphere). It is also emphasized that the qualities of an expert, without which it is impossible to carry out his professional activity, include the knowledge, skills and skills acquired during his studies and professional activities. In this case, a person may perform the functions of an expert in a criminal proceeding in the presence of special and procedural conditions.

scholarly journals Modern Directions of Forensic Experts Primary Training

2020 ◽  
pp. 1662-1670
Author(s):  
Oksana G. D'iakonova
Keyword(s):  
Initial Training ◽  
Legal Proceedings ◽  
Advantages And Disadvantages ◽  
Eurasian Economic Union ◽  
Foreign Countries ◽  
Effective Form ◽  
Special Knowledge ◽  
Forensic Expert ◽  
Level Of Training ◽  
And Training

No type of legal proceedings is complete without the involvement of experts for the production of expert research or specialists for consultation. In this regard, the question of determining the competence of these subjects by persons conducting the process who do not have special knowledge in the field in which the knowledgeable person specializes is very acute. The author determines the competence of the forensic expert and enumerates other requirements to the expert as a participant in the proceedings. The formation of competence is primarily influenced by the level of training, education of an expert or specialist. The main attention focuses on the disclosure of the main ways of initial training and retraining of forensic experts at the present stage: the traditional way of experts training; specialization in the specialty “Forensic examination”; master’s degree in programs of expert specialties. The existing types of training and retraining of forensic experts in Russia and some foreign countries, including the member States of the Eurasian economic Union (EEU), are analyzed. The traditional way of training of forensic experts and training under the program of specialization are revealed proceeding from historical conditionality and necessity of training of specialists for implementation of forensic activity. The positive and negative features of the training areas are highlighted, taking into account their impact on the formation of the competence of the forensic expert. The author emphasizes the need to develop existing forms of initial training of forensic experts, taking into account the advantages and disadvantages of each of them. The study concludes that it is necessary to apply the subjective criterion in order to determine the effective form of training of forensic experts

Experts and expert reviews on the pages of literary works

2021 ◽  
Author(s):  
Elena Chubina
Keyword(s):  
Federal State ◽  
Law Schools ◽  
Legal Proceedings ◽  
Educational Standard ◽  
Forensic Examination ◽  
Training Plan ◽  
History Of ◽  
Judicial Proceedings ◽  
Special Knowledge ◽  
State Educational

The textbook presents a system of case tasks, the purpose of which is to form a circle of necessary knowledge among students about the nature of expert activity, about the history of the use of special knowledge in legal proceedings, about the variety of existing types of forensic examinations, about the possibilities of using the results of forensic expert activity in law enforcement practice. The tasks are compiled in accordance with the requirements of the Federal State Educational Standard for Higher Education (3++) in the specialty 40.05.03 "Forensic Examination". The presented cases can be used in practical classes in the disciplines "Theory of forensic examination" and "Participation of a specialist in procedural actions". The textbook will also be useful as part of the course "Expertise in judicial proceedings", which is included in the training plan 40.03.01 "Jurisprudence" (bachelor's level), specialty 40.05.01 "Legal support of national security" (specialty level), specialty 40.05.04 "Judicial and prosecutorial activities" (specialty level). For students, postgraduates and teachers of law schools.

scholarly journals RATIO OF THE LEGAL AND PROCEDURAL STATUS OF THE HEAD OF INVESTIGATIVE BODY

2018 ◽  
Vol 22 (2) ◽  
pp. 158-165
Author(s):  
T. Yu. Popova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Legal Proceedings ◽  
The Status ◽  
The Russian Federation ◽  
Legal Sense

Article is devoted to search of author's determination of the criminal procedure status of the head of investigative body. Determination of the status is given in it is general legal sense, types of legal statuses, such as the general (constitutional), special (patrimonial), individual, the status of the foreigner and branch legal statuses are allocated. The discussion about a ratio of legal status and a legal status on the basis of which conclusions the author has divided concepts of legal and procedural status per se is given. Are carried to number of elements of legal status of the head of investigative body: the rights and duties provided by the Code of Criminal Procedure of the Russian Federation and specified departmental standard legal by acts of the Ministry of Internal Affairs of the Russian Federation, SK of Russia and FSB of Russia; the criminal liability regulated by the Criminal Code of the Russian Federation and the disciplinary responsibility provided by subordinate regulations for non-execution or inadequate execution of the procedural powers; procedural and administrative accountability of activity of the head of investigative body to the head of higher investigative body. Elements of the criminal procedure status of the designated participant of criminal trial, according to the author, are the rights and duties provided by the Code of Criminal Procedure of the Russian Federation; the accountability of activity of the head of investigative body to the head of higher investigative body regulated by the Code of Criminal Procedure of the Russian Federation. The author has also mentioned a discussion about existence of criminal procedure responsibility of participants of criminal legal proceedings. In article the maintenance of each of elements of the status and justification of reference of each of them to this or that type of the status is opened. Proceeding from the considered structure, the concept of the criminal procedure status of the head of investigative body as the position of the head of the investigative body including his procedural laws, duties and accountability to the head of higher investigative body regulated only by the Code of Criminal Procedure of the Russian Federation is formulated.

scholarly journals LEGAL STATUS OF A FORENSIC EXPERT: TOPICAL REGULATORY ACTIVITY PROBLEMS

2020 ◽  
pp. 82-89
Author(s):  
S. Nesterenko ◽  
O. Stulov
Keyword(s):  
Legal Status ◽  
Criminal Proceedings ◽  
Scientific Publications ◽  
Legal Personality ◽  
Forensic Expertise ◽  
European Court ◽  
The Status ◽  
International Obligations ◽  
Forensic Expert ◽  
The Law

The article deals with the analysis of dissertation thesis and scientific publications in domestic and foreign editions, the concepts of “legal personality”, “legal status of a forensic expert”, “procedural status of a forensic expert”, their general and distinctive features. The authors propose to improve these concepts as well as the legislative consolidation of the status of a forensic expert in the new version of the Law of Ukraine “On Forensic Expertise”. The authors draw attention to the imperfection of regulation of the legal status of a forensic expert in the Law of Ukraine “On Forensic Expertise”, as well as to the unreasonable extension of the powers of a forensic expert by a subordinate normative legal act – the Instructions on the appointment and conduct of forensic examinations and expert studies, approved by order of the Ministry of Justice of Ukraine as of August 10, 1998 No. 53/5 (as amended by the order of the Ministry of Justice of December 26, 2012 No. 1950/5). As a result of the conducted research, the authors come to the conclusion that the issues of the status of a forensic expert need to be updated, as a participant in criminal proceedings, as well as draw attention to the lack of harmonization of domestic legislation in the field of forensic examination and procedural legislation. There is a need to adopt a new version of the Law of Ukraine “On Forensic Expertise”, considering all international obligations of Ukraine and the practice of the European Court of Human Rights.

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 INTEGRATION PROCESSES IN FORENSIC EXAMINATION: ESSENCE AND PROBLEM ISSUES OF COMPREHENSIVE RESEARCHES

2016 ◽  
Vol 16 ◽  
pp. 162-173
Author(s):  
E. B. Simakova-Yefremian
Keyword(s):  
Technological Progress ◽  
Knowledge Integration ◽  
Modern Science ◽  
Scientific Publications ◽  
Legal Proceedings ◽  
Forensic Examination ◽  
The Subject ◽  
Forensic Expert ◽  
Use Of Knowledge ◽  
Comprehensive Studies

Modern science considers the complexity of researches as one of the regularities of the process of cognition. Forensic examination, which is aimed at the use of knowledge accumulated in various fields of science with the purpose of resolving problems of legal proceedings, in the process of scientific and technological progress, is constantly subjected to the influence integration processes taking place in these areas. Scientific publications indicate that the integration of knowledge in forensic examination is an obligate process of its development, one of the main levers of influence on the formation of the foundations of comprehensive forensic expert studies; and now it is gaining more and more in depth and spread. Studying the forms of complexation in forensic examination, it is necessary to start from the analysis of the subject, tasks, objects, parties and techniques of comprehensive studies, since integration processes are realized in the development of forensic examination on the subject of knowledge integration, tasks of forensic, objects, subjects of knowledge integration and methods.

scholarly journals Criteria for assessing the professional qualities of a forensic expert in the context of improving Russian legal proceedings

2020 ◽  
Vol 210 ◽  
pp. 22032
Author(s):  
Roman Zatona ◽  
Natalia Ryabko
Keyword(s):  
Legal Proceedings ◽  
Forensic Expertise ◽  
Forensic Expert ◽  
The Law

It is difficult to overestimate the importance of forensic expertise for resolving issues that arise during the consideration of criminal, civil, administrative and arbitration cases. It is frequently the level of professionalism and expertise of the specialist that determines whether the law is applied correctly and fairly, and whether the criminal is punished as he or she deserves. However, can everyone bear such responsibility? In this paper, the authors attempted to analyze the requirements traditionally imposed on the personality of a forensic expert, as well as to identify criteria for the eligibility of a person to perform such duties.

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