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 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 INTEGRATED CHARACTER OF FORENSIC-EXPERT INVESTIGATIONS IN THE MILITARY SPHERE

2017 ◽  
Vol 17 ◽  
pp. 391-400
Author(s):  
V T. Chuprun
Keyword(s):  
Research Work ◽  
Armed Conflicts ◽  
Criminal Proceedings ◽  
Forensic Research ◽  
Special Knowledge ◽  
The Subject ◽  
Forensic Expert ◽  
Definition Of ◽  
The Military ◽  
First Time

The presence of the set of unresolved scientific and practical problems in the new field offorensic expertise "Military Research" is determined, and, first of all, it’s a deficit of scientific and methodical provision. The purpose of the paper is to define the comprehensive nature of forensic research in the military sphere. The experience of modern wars and armed conflicts shows that the battle of combined-arms formations acquires the features of land-and-air combat. It’s noted that in today’s combined arms battles and operations, it’s possible to solve successfully the tasks posed only in a complex manner. An analysis of the expert practice of the Kharkiv RIFE shows that during the last period the amount of the forensic military expertise has significantly increased. When conducting investigative activities in this category of criminal proceedings, a number of different issues arise, resolution of which requires special knowledge in various fields of science. In the Kharkiv RIFE there was initiated the performance of research work on the topic "The technique of forensic expert study of the work of commanders (staffs) and military formations in the preparation and realization of combat (service-combat) tasks". The novelty of the work lies in the fact that for the first time an algorithm is developed for determining, from a military point ofview, the compliance ofactions of responsible persons with the established requirements. An opinion was expressed that the subject of any research, including expert, is its immediate performer. In the latter case, it’s only a forensic expert or a person who is procedurally involved in the performance of the examination. The definition of the subject of a forensic military expertise is given. Attention is drawn to the need of availability for the forensic experts and specialists who participate in carrying out forensic military examinations, of the admittance to the information with limited access.

scholarly journals Role of Forensic Historical and Archaeological Examination in Preserving Archaeological Heritage

2021 ◽  
Vol 3 (21) ◽  
pp. 215-226
Author(s):  
Kateryna Sylenok
Keyword(s):  
Archaeological Research ◽  
Effective Protection ◽  
Archaeological Heritage ◽  
Research And Practice ◽  
Forensic Research ◽  
Forensic Examination ◽  
Criminal Offenses ◽  
Special Knowledge ◽  
Historical Heritage

The article covers the topic of the possibility of conducting forensic historical and archaeological examination. The problems that arise when protecting archaeological monuments are relevant not only for Ukraine but also for many countries of the world. Preserving history is an important task for every civilized country. To ensure effective protection of historical heritage of Ukraine, it is necessary to have effective mechanisms to prevent and protect archaeological monuments against destruction and theft. Formation and development of forensic historical and archaeological examination is essential to improve Ukrainian legislation, including the field of forensic science. To effectively apply state policy on the issues of archaeological monuments preservation while pre-trial investigation of criminal offenses, it is necessary to make an active use of special knowledge in the field of historical and archaeological research. One of the peculiarities of forensic research is that it should be performed in compliance with appropriately approved expert methods, characterised by combining in itself the ne­cessary requirements for research and being the basis for quality and speed for solving forensic examination tasks. In this regard, their study and development are significant in research and practice. The aim of the article is to study the role of forensic historical and archaeological examination in preservation of archaeological heritage. It analyses the respective literature and legislation of Ukraine dedicated to forensic examination, forensic historical and archaeological examination and international experience in the field of archaeology. Keywords: archaeological heritage, archaeological monuments, forensic historical and archaeological examination, protection of archaeological heritage in Ukraine.

scholarly journals The Framework for Comprehensive Forensic Study of Phaleristic Items

2021 ◽  
Vol 16 (1) ◽  
pp. 47-53
Author(s):  
G. G. Bocharov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Specialized Knowledge ◽  
Legal Proceedings ◽  
Forensic Research ◽  
Expert Opinions ◽  
Forensic Examination ◽  
Technical Examination ◽  
The Russian Federation ◽  
Comprehensive Study

The article substantiates the need for a comprehensive forensic examination of phaleristic items – orders, medals, and other badges of distinction involved in the sphere of legal proceedings on criminal, civil, arbitration cases, and cases of administrative offenses. The article notes the features of forensic research of state awards of the RSFSR, the USSR, and the Russian Federation, which result from their specific legal status and normatively fixed manufacturing enterprises.The legitimacy of using the concept of “authenticity” in forensic experts’ conclusions concerning state awards and other subjects of phaleristics has been substantiated. The question of authenticity is crucial and, at the same time, one of the most challenging questions in the research of phaleristic items. Its solution requires assessing all the item’s basic properties and, in many cases, the study of a significant amount of reference and historical material.The features of the use of specialized knowledge of history, forensic traceology, forensic examination of materials, substances, and products, forensic merchandising examination, forensic technical examination of documents in the course of phaleristic objects’ forensic study are analyzed. The author provides methodological recommendations for determining the sequence of conducting various types of research, formulating conclusions based on the results of a comprehensive study, and drawing up expert opinions.

scholarly journals ON THE NEED FOR IMPROVEMENT OF LEGISLATION REGARDING IMPLEMENTATION OF FORENSIC SCIENCE ACTIVITIES IN UKRAINE

2020 ◽  
Vol 19 (1) ◽  
pp. 118-129
Author(s):  
E. Simakova-Yefremian
Keyword(s):  
Forensic Science ◽  
Legal Status ◽  
Legal Regulation ◽  
The State ◽  
Procedural Code ◽  
Forensic Expert ◽  
Administrative Proceedings ◽  
Improvement Of Legislation ◽  
Expert Support

The issue of reforming forensic expert support for justice and the need to improve the legislation of Ukraine regarding forensic science activity were investigated. Despite the fact that in recent years, the norms of the laws of Ukraine have been actively subjected to quite significant changes, some issues remain to be resolved on the legal regulation of forensic expert support for justice in the state. The analysis of the specialized literature and relevant legislation confirms the relevance of this issue. On the basis of studying the norms of the basic and procedural legislation regarding forensic science, proposals for its improvement are presented. So, in order to improve the legislation governing forensic science and the unambiguous application of the conceptual apparatus in this field, it is proposed to change the title of Article 1 of the Law of Ukraine On Judicial Examination and introduce the basic terms used in this Law in the the Criminal Procedural Code of Ukraine, Civil Procedural Code of Ukraine, Code of Administrative Proceedings of Ukraine. Improving the regulatory framework for the appointment and performing forensic examinations, as well as the legal status of a forensic expert on the basis of creating the proper legal status and legal support for organizing activities of the system of state forensic expert institutions, as well as forensic experts who do not work in these institutions; increasing the role of legitimate ways to motivate forensic experts; combating corruption in the field of forensics is one of the most important tasks of forensic expert support in the state. The implementation of the proposed measures will be a powerful lever of influence on the processes of improving forensic activities.

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 ON THE ISSUE OF PROSPECTIVE ADMINISTRATIVE AND LEGAL STATUS OF THE PERSON AUTHORIZED TO CARRY OUT ANTI-CORRUPTION EXAMINATION MEASURES IN THE ADMINISTRATIVE PROCESS OF UKRAINE

2021 ◽  
Vol 1 (10(74)) ◽  
pp. 46-50
Author(s):  
N. Zhylenko
Keyword(s):  
Legal Status ◽  
Public Law ◽  
Point Of View ◽  
Quantitative Composition ◽  
Domestic Legislation ◽  
Special Knowledge ◽  
Administrative Proceedings ◽  
Rule Making

The proposed article is devoted to a range of debatable issues to outline the desired long-term administrative and legal status of a person legally authorized to evaluate the acts of subjects of power in administrative proceedings to determine the presence or absence of corruption-causing factors. It is noted that the current legal conditions for administrative proceedings in Ukraine complicate the possibility of a fair resolution of some disputes concerning the results of rule-making work of the subjects of power. Emphasis is placed on the urgent need to qualitatively strengthen the role of administrative justice in the context of active multi-level reform of domestic legislation, in particular through the introduction of anti-corruption expertise in resolving certain categories of public law disputes. For the completeness and comprehensiveness of scientific research, first of all, attention is focused on the basic conceptual and categorical apparatus. In particular, such definitions as "status", "legal status", and "administrative-legal status" are considered and analyzed. The author's vision of the concept and features of the specified terms is offered. It is noted that it is expedient and an attempt is made to argue the involvement in administrative proceedings of a person who has special knowledge on assessing the corruption of acts of subjects of power. It is noted that the conclusions of such a person should contribute to the fair resolution of certain public disputes. My own point of view is expressed regarding the understanding of the desired administrative-legal status of a person who is authorized to evaluate the acts of subjects of power for the presence or absence of corruptioncausing factors in administrative proceedings. Emphasis is placed on the structure of the administrative and legal status of this person and formulates my own opinion on the quantitative composition of its elements. The author's description of the elements of the proposed structure of the administrative and legal status of a person who can potentially be authorized to evaluate the acts of subjects of power for the presence or absence of corruption-causing factors in administrative proceedings.

scholarly journals COMPARATIVE ANALYSIS OF FORENSIC EXPERT ACTIVITY: AN ADMINISTRATIVE, CRIMINAL, CRIMINALISTIC, ECONOMIC APPROACH

2019 ◽  
Vol 5 (2) ◽  
pp. 242
Author(s):  
Oleksandr Khrystov ◽  
Vladyslav Lipynskyi
Keyword(s):  
Comparative Analysis ◽  
Expert Knowledge ◽  
Theoretical Development ◽  
Research Institutions ◽  
Criminal Proceedings ◽  
Forensic Examination ◽  
The Common ◽  
Forensic Expert ◽  
The Law ◽  
Administrative Proceedings

The article is devoted to the economic and legal comparative analysis of judicial expert activities. The issues concerning the problems of quality assurance of the expert activities, harmonization and convergence of the understanding of the possibilities of judicial economic expertise in solving problems of justice, taking into account economic conditions. As a first step to creating a general theoretical development for judicial economic expertise could be the creation of a list of vocabulary of basic terms of forensic economic expertise. The legislation of Ukraine, which regulates activities of forensic experts, is as follows: the Law of Ukraine “On Forensic Examination”, “Instruction on Conducting Forensic Examination”, “Procedure for Certification and Official Registration of Forensic Examinations Procedure”, “Some Issues of Provision of Paid Services by Research Institutions on Forensic Examination of the Ministry of Justice”, “On Approval of the Instructions on Procedure and Amount of Reimbursement and Compensation to Individuals Invited by Inquiry Agencies, Pretrial Investigation Agencies, Procuracy, Courts or Authorities that Oversee Cases of Administrative Violations, and Payments to Governmental Research Institutions on Forensic Examination for Expert and Specialized Services Provided by their Employees” approved by the Cabinet of Ministers of Ukraine, and a set of multi-agency orders. The common features include the existence of department specialized forensic expert institutions, which are entrusted to conduct an examination as follows: specialized research institutes of the Ministry of Justice of Ukraine and the Ministry of Healthcare, expert services of the Ministry of Internal Affairs, Security Service of Ukraine, etc. Moreover, forensic examinations, which are often arranged in criminal proceedings and sometimes in administrative proceedings, can be carried out exclusively by forensic experts who are employees of such institutions. At the same time, the law provides for the possibility of carrying out forensic expert activity on a business basis, on the ground of special authorization, as well as onetime agreements, by citizens who have the qualification of a forensic expert, which is often used in administrative proceedings. Neither a judge nor any other persons, who are involved in administrative or criminal procedures, have this kind of expert knowledge. By virtue of the knowledge that is converted by forensic experts in the source of evidence, important issues of a case are resolved that would be impossible without forensic expertise. In legal science, there is an idea that expert activity, due to its specificity, is much wider than expert procedure regardless of the fact whether it is carried out in administrative or criminal procedures.

Children Under the Law

1973 ◽  
Vol 43 (4) ◽  
pp. 487-514 ◽  
Author(s):  
Hillary Rodham
Keyword(s):  
Interest Group ◽  
Family Life ◽  
Legal Status ◽  
Best Interests ◽  
Law Reform ◽  
Court Decisions ◽  
Social Consensus ◽  
Parens Patriae ◽  
The Law ◽  
Procedural Rights

The author examines the changing status of children under the law. Traditionally,the law has reflected a social consensus that children's best interests are synonymous with those of their parents, except under the few circumstances where the state is authorized to intervene in family life under the. doctrine of parens patriae. Little consideration has been given to the substantive and procedural rights of children as a discrete interest group. At present, law reform is moving to change children's legal status in two ways: by extending more adult rights to children and by recognizing certain unique needs and interests of children as legally enforceable rights. Ms. Rodham summarizes recent Supreme Court decisions which will influence changes of both kinds, and suggests specific directions reform might take.

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.

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