scholarly journals PRINCIPLES OF FORENSIC SCIENCE

2018 ◽  
Vol 18 ◽  
pp. 221-230
Author(s):  
I. V. Pyrih ◽  
I. R. Shynkarenko
Keyword(s):  
Forensic Science ◽  
Point Of View ◽  
Basic Principles ◽  
Scientific Principles ◽  
Special Knowledge ◽  
The Subject ◽  
Forensic Expert ◽  
Principle Of Legality ◽  
Principle Of Objectivity

Analysis of the scientific opinions allowed formulating principles of forensic expertology as an independent science that is the basis of forensic expert activity. Principles of forensic expert activity are highlighted, their correlation with scientific principles is determined. Contents of each principle are disclosed and own understanding of advisability of their application is presented. The basic principles of forensic expertology are determinism, objectivity and systemacy. The principle of determinism embracing the principle of historicism consists in examining the subject of forensic expertology from the point of view of dialectical interconnection regularities and interconditionality of processes arising while performing expert research. The principle of objectivity consists in establishing regularities of forensic expertology solely on the basis of the object research using special knowledge, regardless of social, political and other processes that occur in society. The systemacy of forensic expertology, like any other science, consists in considering its separate components as a single whole, a system of knowledge. On the basis of legislation analysis and scientific opinions, authors determined that the principles of forensic expert activity are also legality and independence. The principle of legality is that officials who are subjects of expert activity are obliged to meet legislation requirements in strict conformity with their content. The principle of expert independence should be understood as absence of interference in him activities of any other person. Analyzing principles of forensic science, authors come to the conclusion about pointlessness of fixing of principles of expert activity in legislative acts, namely in the Аrt. 3 Laws of Ukraine «On forensic science». Principle of legality is stopped up in Constitution of Ukraine, procedural norms expert activity is expounded in many Codes and Laws of Ukraine. Superfluous duplication in this case is unnecessary.

scholarly journals ON THE ROLE AND IMPORTANCE OF FORENSIC EXPERTOLOGY

2019 ◽  
pp. 150-157
Author(s):  
Keyword(s):  
Key Words ◽  
Forensic Science ◽  
Scientific Methods ◽  
Legal Proceedings ◽  
General Scientific ◽  
Special Knowledge ◽  
The Subject ◽  
Forensic Expert ◽  
Relationship Of ◽  
The Relationship

The suggested hypothesis of M.Ya. Sehai allows extrapolating the results of applying whole methods within the framework of each class (forensic expert substratology, forensic expert documentation, and forensic psychonomics). This does not diminish the significance of the scientific ground of the provisions of a particular type of forensic examination, but thanks to the challenging hypothesis of M. Ya. Sehai concerning the relationship of interaction and the provisions justified by him in forensic science, this will allow applying “forensic” methods (which, by and large, does not exist, since methods are general scientific) to the subject of research in other types of forensic examinations, where they have not previously been used. The subject of the study of forensic science and forensic expertology enlarges each other, at least from the perspective of using special knowledge in legal proceedings. Conclusion is the following: in forensic expertology has its own role in justice, it is a completely established theory with a hypothesis and accepted facts at present. Forensic expertology has its own subject; it integrates the scientific methods of individual forensic expert theories and has its own methodological function. Key words: forensic expertology, criminalistics, forensic science, forensic expert substratology, forensic expert documentation, forensic psychonomics, hypothesis.

WITH REGARD TO THE QUESTION OF COMPLIANCE WITH THE PRINCIPLE OF LEGALITY IN ESTABLISHING ADMINISTRATIVE LIABILITY FOR FAILURE TO IMPLEMENT DECISIONS OF THE RUSSIAN FEDERATION’S COUNTER-TERRORISM BODIES

2021 ◽  
pp. 82-92
Author(s):  
Artem V. Rudenko ◽  
Keyword(s):  
Russian Federation ◽  
Point Of View ◽  
System Construction ◽  
Federal Law ◽  
Basic Principles ◽  
Legal Norms ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Federal Laws ◽  
Principle Of Legality

The relevance of the article stems from the adoption by the constituent entities of the Russian Federation of rules on administrative liability for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Russian Federation in situations of conflict with federal law regulations, caused by adoption of the Federal Law No. 82-FZ of 18 April 2018. This contradiction calls into question the conformity of the adopted norms of the laws on administrative liability of the constituent entities of the Russian Federation with the principle of legality, as one of the basic principles of the State’s legal system construction. The purpose of the article is to develop a position on legal conduct in a situation of con-flict with the legal norms of federal legislation in establishing administrative liability by the constituent entities of the Russian Federation. The possibility of establishing administrative liability at the level of the constituent entities of the Russian Federation is enshrined in the Constitution of the Russian Federation and the Code of Administrative Offences of the Russian Federation After the adoption of the Federal Law No 82-FZ of 18 April 2018 «On Amendments to the articles 5 and 5.1 of the Federal Law «On Counteracting Terrorism» legal conflict in the regulation of these powers has arisen. These changes affected not only the regulation of the above-mentioned powers of the constituent entities of the Russian Federation, but also the system of sources of administrative liability, since Code of Administrative Offences of the Russian Federation states: administrative liability source system refers only to the Code and the laws of the constituent entities of the Russian Federation. The article contains an analysis of possible interpretations of the provisions of federal laws on the powers of the constituent entities of the Russian Federation to establish adminis-trative liability for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Federation. Possible interpretations of the term «decisions of an anti-terrorist body» are analyzed from the point of view of the goals and tasks of formation of these bodies, their powers and organizational-steam form. The study concludes that it is necessary to comply with the provisions of the Code of Administrative Offences of the Russian Federation when determining responsibility for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Russian Federation. It is recommended that the legislatures of the constituent entities of the Russian Federation refrain from adopting such norms. It is recommended that the judicial authorities should take into account the provisions of the Decision of the Plenum of the Supreme Court of the Russian Federation of 24 March 2005 No 5 « On certain issues raised by the courts in the application of the Code of Administrative Offences of the Russian Federation».

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.

scholarly journals Forensic Science: a Crisis or the Need to Clarify the Subject?

2017 ◽  
pp. 26-32
Keyword(s):  
Forensic Science ◽  
Subject Matter ◽  
Civil Procedure ◽  
Point Of View ◽  
The Other ◽  
Forensic Sciences ◽  
Aim Of Science ◽  
Science In Russia ◽  
The Subject

The article is devoted to clarification of the phenomenon and logics included into the subject of forensic science. The author criticizes attempts of other commentators to extend the subject matter of this science as well as the statements about so-called crisis in forensic science in Russia. From the author’s point of view, there is no reason to speak about a crisis. At the same time, it is necessfry to specify the subject matter of forensic science. The author argues against extension of the subject matter of forensic science to the fields of civil procedure and arbitration. He believes that the main aim of science has been still to detect a trace picture of a crime. So, forensic science is primarily in the field of fighting crime. Only powerful bodies and officials carry out forensic activities. As for the other subjects (such as advocates) – they can only use the achievements of forensic sciences. The author analyzes positions of Russian (including Soviet) and German commentators. The analysis allowed the author to propose the definitions of forensic science and criminalistical (forensic) characteristics of crime.

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 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.

Definitions and directions: recklessness unheeded

Legal Studies ◽  
1998 ◽  
Vol 18 (3) ◽  
pp. 294-315 ◽  
Author(s):  
Andrew Halpin
Keyword(s):  
Experimental Data ◽  
Mens Rea ◽  
Appellate Courts ◽  
Critical Perspective ◽  
Basic Principles ◽  
Current State ◽  
Scientific Principles ◽  
The Subject ◽  
The Law ◽  
The Way

It is difficult to capture, even metaphorically, the nature of law as practised in the criminal appellate courts when considering the fundamentals of the subject -the basic principles of mens rea. If law is treated metaphorically as a science, allowing, as Lord Denning suggested, its principles to be revised by the demands of justice, in the way that scientific principles are revised by the demands of experimental data, then there should at least be a coherent development of the subject where identifiable principles of law are matched to a more sophisticated grasp of the requirements of justice.Of course, such a formal image is less fashionable today than it once was, and a more ‘critical’ perspective of legal materials may be taken. But here, too, we lack a suitable image to convey the current state of the law.

Forensic Tactics by Tadeusz Hanausek as a Method for Detecting Perpetrators of Crime

2019 ◽  
Vol 11 (1) ◽  
pp. 85-94
Author(s):  
Karol Juszka ◽  
Kazimiera Juszka
Keyword(s):  
Forensic Science ◽  
Justice System ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Research Issues ◽  
Research Activities ◽  
Research Findings ◽  
The Subject ◽  
Definition Of

The aim of the article is to present the views of a classic forensic scientist prof. zw. dr hab. Tadeusz Hanausek, the founder of Cracow school of forensic science, who has shaped the Polish foundations of forensic tactics, which is currently one of the disciplines of forensic science. The presentation of professor Hanausek has been reflected in the implementation of his dogmatic point of view in the practice of law enforcement agencies and the justice system both during his life and after his death. Professor Tadeusz Hanausek determined the reasons for the initial underestimation of the role of forensic tactics despite the acceptance of this term, built a definition of forensic tactics and developed scientific research that allowed him to indicate a growing role of forensic tactics in the implementation of the functions of forensic science and the criminal procedure. The article presents the fundamental issues of Tadeusz Hanausek’s creative scientific interests, which he first defined and then consistently pursued and developed in his scientific and research activities. The pioneering scientific and research issues in question were passed on by professor Tadeusz Hanausek to the representatives of his Cracow school of forensic tactics and then developed, presented and widely discussed on the national, European and international forum. The subject matter of the article is also focused on the examples of practical application of the professor’s ideas in an effective detection of perpetrators of crime. In addition, the publication is based on the research findings of the judicial and prosecutorial records of one of the authors of this article, who is an active representative, popularizer and, above all, a continuator of professor Hanausek’s Cracow school of forensic tactics.

scholarly journals Representation of Islam in the publications of the newspaper "Arrad"

2013 ◽  
pp. 92-105
Author(s):  
D. Shastopalec
Keyword(s):  
Point Of View ◽  
The Political ◽  
Single Institution ◽  
Close Attention ◽  
Basic Principles ◽  
Institutional Pluralism ◽  
Islamic Thought ◽  
Political Forces ◽  
The Subject ◽  
Or Organization

The problem of the internal ideological diversity of Islam has become the subject of close attention of researchers more than once. In the absence of a single institution that would regulate the "regime of truth" for most Muslims, Islamic orthodoxy appears to be rather blurred and essentially, as A. Knysh writes, depends to a large extent on the political forces that support this or that direction of Islamic thought.106 In this context, the situation of institutional pluralism in the Muslim Umma of Ukraine is a logical continuation of world trends. At the same time, the identification of a center of religious authority or organization from the point of view of its dogmatic or ideological direction is often a rather difficult task. First of all, the reason for this may be the reluctance of the organizations themselves to openly determine their position so as not to be criticized by competitive structures. On the other hand, the focus on the preaching of Islam in the Ukrainian context often requires the need to rely on the most general, basic principles of the doctrine that do not require special training for new converts.

scholarly journals Forensic Classification of Food Security Crimes

2021 ◽  
Vol 16 (8) ◽  
pp. 152-159
Author(s):  
A. S. Malimonova
Keyword(s):  
Food Security ◽  
Forensic Science ◽  
Criminal Law ◽  
Point Of View ◽  
Academic Literature ◽  
Forensic Research ◽  
The World ◽  
The Subject ◽  
Definition Of

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.

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