scholarly journals EXPERT COMPETENCE IN FORENSIC EXPERT RESEARCH OF TRADEMARKS IN THE INVESTIGATION OF THEIR ILLEGAL USE

2018 ◽  
Vol 18 ◽  
pp. 524-533
Author(s):  
I. Yu. Polishchuk
Keyword(s):  
Intellectual Property ◽  
Legal Issue ◽  
Criminal Proceedings ◽  
Counterfeit Goods ◽  
Judicial Practice ◽  
Scientific Competence ◽  
Forensic Expert ◽  
Definition Of ◽  
Objective Side ◽  
Lost Profit

Examples of judicial practice consider specifics of the special knowledge application in form of forensic examination of intellectual property while investigating of trademarks illegal use. This paper separately demonstrates issues of trademarks research including similarity to the degree of designation confusion with a trademark image as well as issues of economic researches in the field of intellectual property to establish the lost of profit due to violation of trademark rights. As a result of performed research it is established that limit of forensic experts competence in specialty 13.6 while criminal proceedings regarding infringement of trademarks is the establishment of full or partial identity of a trademark image with the detected designation on (name of display object) and the uniformity of goods and/or services. It is proved that similarity definition to the degree of mixing trademark image with the revealed designation is a legal issue and goes beyond the limits of the procedural and scientific competence forensic expert in the specialty 13.6. It was revealed that the definition of lost profit of a trademark owner while investigation of its illegal use as a expert task coincides with a task of the investigator to establish socially dangerous consequences as an element of objective side of a crime. It is indicated that all expert conclusions about determining of lost profit of a trademark owner as a result of its illegal use, are probable and conditional. Detection by an expert in specialty 13.9 of loss profit amount in categorical form, without specifying condition for replacement of original goods with counterfeit goods sold goes beyond its procedural and scientific competence.

HEALTH DISORDER ASSOSIATED WITH PERMANENT DISABILITY AS THE SIGN OF BODILY HARM

2021 ◽  
Vol 74 (6) ◽  
pp. 1396-1400
Author(s):  
Igor І. Mytrofanov ◽  
Igor V. Lysenko ◽  
Mykola М. Riabushko ◽  
Volodymyr H. Hryn ◽  
Roman M. Riabushko ◽  
...  
Keyword(s):  
Bodily Harm ◽  
Criminal Proceedings ◽  
Ability To Work ◽  
Joint Research ◽  
Permanent Disability ◽  
General Ability ◽  
Judicial Practice ◽  
Permanent Loss ◽  
Definition Of ◽  
Medical Examinations

The aim: The paper is aimed at creation of the procedure and criteria for determining a health disorder associated with permanent disability as a sign of serious bodily harm. Materials and methods: To identify the problems faced by forensic medical and judicial practice in determining a health disorder associated with permanent disability, we studied more than 100 criminal proceedings from 2007 to the present time. Results: Ways to further improvement of the procedure for conducting expert studies on health disorders, associated with persistent loss of general ability to work as a characteristic feature of the bodily harm have been found to avoid errors in forensic medical and judicial practice. The issues of conducting forensic medical examinations to determine the degree of loss of general ability to work remain unresolved. The lack of joint research projects conducted by both medical and legal scientists leads to the polysemy and different approaches in the stating of certain concepts that are the subject of study of both medical and law sciences. Currently, the definition of the offence against health is debatable and the issues of criteria for determining such damage are not completely settled to date. Conclusions: We consider the development of the Procedure and Criteria for determining the degree (in percentage) of the permanent loss of general ability to work of victims of criminal offences, established by forensic medical experts, is crucial.

Artificial intelligence: criminal and procedural aspects

2021 ◽  
pp. 75-89
Author(s):  
Igor I. Kartashov ◽  
Ivan I. Kartashov
Keyword(s):  
Artificial Intelligence ◽  
New Technologies ◽  
Human Beings ◽  
Criminal Proceedings ◽  
Legal Advice ◽  
Judicial Practice ◽  
Legal Expert ◽  
To Come ◽  
Definition Of ◽  
Self Learning

For millennia, mankind has dreamed of creating an artificial creature capable of thinking and acting “like human beings”. These dreams are gradually starting to come true. The trends in the development of modern so-ciety, taking into account the increasing level of its informatization, require the use of new technologies for information processing and assistance in de-cision-making. Expanding the boundaries of the use of artificial intelligence requires not only the establishment of ethical restrictions, but also gives rise to the need to promptly resolve legal problems, including criminal and proce-dural ones. This is primarily due to the emergence and spread of legal expert systems that predict the decision on a particular case, based on a variety of parameters. Based on a comprehensive study, we formulate a definition of artificial intelligence suitable for use in law. It is proposed to understand artificial intelligence as systems capable of interpreting the received data, making optimal decisions on their basis using self-learning (adaptation). The main directions of using artificial intelligence in criminal proceedings are: search and generalization of judicial practice; legal advice; preparation of formalized documents or statistical reports; forecasting court decisions; predictive jurisprudence. Despite the promise of using artificial intelligence, there are a number of problems associated with a low level of reliability in predicting rare events, self-excitation of the system, opacity of the algorithms and architecture used, etc.

scholarly journals Research on the Rules of Electronic Evidence in Chinese Criminal Proceedings

2020 ◽  
Vol 12 (3) ◽  
pp. 111-121
Author(s):  
Jin Du ◽  
Liping Ding ◽  
Guangxuan Chen
Keyword(s):  
Civil Rights ◽  
State Power ◽  
Criminal Procedure ◽  
Practical Significance ◽  
Criminal Proceedings ◽  
Electronic Evidence ◽  
Judicial Practice ◽  
Definition Of

As a new object in judicial practice, electronic evidence is of great practical significance. To locate the probative force of electronic evidence, which can be used to prove the facts of the crime, judging the electronic evidence validity, and how to establish scientific rules of electronic evidence, which not only effectively contains crime, but also protects civil rights from illegal infringement of state power becomes very important. This article outlines the definition of electronic evidence and rules and establishes a suitable electronic evidence system of China's criminal procedure system based on the analysis of problems in each link of judicial proof in judicial practice and the four aspects of judicial proof.

scholarly journals ADMINISTRATIVE OFFENCE IN THE FIELD OF INTELLECTUAL PROPERTY AS THE GROUND FOR ADMINISTRATIVE LIABILITY

2020 ◽  
pp. 19-29
Author(s):  
Andrii Khridochkin ◽  
Petro Makushev
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Public Relations ◽  
Intellectual Property Rights ◽  
Social Harm ◽  
The Subject ◽  
Definition Of ◽  
Objective Side ◽  
Subjective Side ◽  
Legal Consequences

The article deals with homogeneous group of administrative offences - administrative offences in the field of intellectual property as a basis of administrative liability. It is emphasized that the objective features of this administrative offence are its social harm, wrongfulness and punishment, and subjective ones are guilt and subjectivity. It is emphasized that only in the presence of all these features can one speak of qualifying an individual’s act as an administrative offence and resolving the issue of bringing him to administrative liability. The definition of the term “administrative offence in the field of intellectual property” is proposed as envisaged by the legislation on administrative liability of socially harmful, unlawful, guilty act, committed by the subjects of such unlawful acts that encroach on the set of property and personal non-property rights to the intellectual results. It is established that all warehouses of administrative offences in the field of intellectual property (art. 51-2, 107-1, 156-3 (in the part concerning intellectual property objects), 164-3, 164-6, 164-7, 164-8, 164-9, 164-13) there are such elements as objective signs and subjective features, which in their unity form the composition of administrative offences of this group. It is noted that the only generic object of these administrative offences is the group of public relations of intellectual property, which are protected by the law on administrative liability, and the subject of this group of public relations are objects of intellectual property. It is proved that the objective side of administrative offences in the field of intellectual property is a set of ways of infringement of intellectual property rights. Attention is drawn to the fact that in practice the violation of intellectual property rights to different objects has different economic, social and legal consequences, and therefore the degree of their social harm is different, and therefore there is a need to differentiate administrative liability depending on the intellectual property. Subjective signs of the administrative offences of this group, which are represented by their subject, are established, and the subjective side is characterized by the fact that they are committed only intentionally.

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 PROVIDING THE CUSTOMS AUTHORITY OF UKRAINE THE CONTROL OVER THE MOVEMENT OF GOODS THAT CONTAIN SIGNS OF INTELLECTUAL PROPERTY OBJECTS: THEORY AND PRACTICE PROBLEMS OF FORENSIC RESEARCH

2020 ◽  
pp. 606-623
Author(s):  
V. Fedorenko ◽  
T. Chabanets ◽  
O. Foia
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Model Identification ◽  
Theory And Practice ◽  
Effective Control ◽  
Utility Model ◽  
Counterfeit Goods ◽  
Definition Of ◽  
Specialized Unit

The publication is devoted to the current problems of the theory and practice of providing by the officials of the specialized unit of the customs authority, in which, according to the official instructions, the functions performed to promote the protection of intellectual property rights and officials of the customs clearance unit of the customs authority of Ukraine. It is also considered the effective control over the movement of goods containing signs objects of intellectual property rights, as well as substantiation of proposals for improvement of the relevant law enforcement practice. Investigations, using special knowledge of forensic expertise are problematic questions concerning definition of the volume of rights of a utility model protected by a patent; the essential features that can be characterized by the object (product) protected by the patent for a utility model; requirements for the formulation of signs of a utility model established today by the current legislation. This is also concerned the determination of the technical nature and specific features of the object (product) subject to customs clearance, and regarding which there are questions of violation of the intellectual property rights; interpretation of the patent formula without studying the patent description for a utility model. There are also principles that should be guided by the allocation of signs in accordance with the formula of the utility model; identification of signs of an object (product) subject to customs clearance; principles that should be guided by comparable features of a formula protected by a patent with signs of an object (product) subject to customs clearance, etc. The proposals for improving the practice of preventing the customs authorities from moving counterfeit goods the importation of which into the customs territory of Ukraine or removal from this territory is a violation of intellectual property rights is substantiated.

scholarly journals An Institution of Liability for Causing Harm: A Current State and Ways of Improvement

2020 ◽  
Vol 1 (12) ◽  
pp. 43-52
Author(s):  
L. K. Ostrikova
Keyword(s):  
Civil Law ◽  
Public Law ◽  
Public Authority ◽  
Tort Liability ◽  
Criminal Proceedings ◽  
Judicial Practice ◽  
Current State ◽  
Definition Of ◽  
Damages And Losses

The concept of harm has been examined in the context of the current legislation, doctrine, judicial practice. The paper has determined characteristic cases of causing harm to the participants of relations regulated under civil law. It is concluded that the absence of a legal definition of the concept of harm has resulted in the confusion of the legal categories “causing harm” and “causing damages” as a condition for tort liability in public law and judicial practice. The author has given her own classification of types of harm and determined classification of property damage. The paper has clarified the content of the concept of non-property (reputational) harm caused to a legal entity. The paper has carried out a comparative study of the concepts harm, damages, and losses. It is causing harm rather than causing damages that gives rise to tort liability. The paper has examined the problems of application of rules on recovery of caused damages. The paper analyzes the subinstitution, namely, obligations arising as a result of harm caused by acts of public authority in the field of public administration and law enforcement. The author has determined the features of tort liability conditions for damage caused by state authorities, local selfgovernment bodies and their officials and peculiarities of their subject composition. Attention is drawn to the civil law nature of binding legal relations arising as a result of harm in the field of criminal proceedings. The author has determined the features of tort liability for damage caused by officials during criminal procedural activity, subject composition of a tort obligation. It is proposed to introduce a defining norm of the concept harm as a generic concept and norms on specific division of harm. It is proposed to make a number of changes and additions to the subinstitution of obligation due to damage by acts of public authority.

APPLICATION OF EVIDENCE STANDARDS IN CRIMINAL PROCEEDINGS

2021 ◽  
Vol 2 (2) ◽  
pp. 67-74
Author(s):  
Maryna Horodetska ◽  
Keyword(s):  
Security Measures ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Standard Of Proof ◽  
Judicial Practice ◽  
Reasonable Suspicion ◽  
Standards Of Proof ◽  
Objective Side ◽  
Procedural Decisions

The article is devoted to the study of the application of standards of proof in criminal proceedings. The criminal procedural legislation for determination of standards of proof is analyzed. The international and national judicial practice of application of standards of proof is investigated. Peculiarities of application of standards of proof at different stages of criminal proceedings are revealed. Differences in the application of standards of proof in making different procedural decisions have been established. The standard of reasonable suspicion is investigated. It is determined that the establishment of the standard “reasonable suspicion” depends on: 1) the stage of pre-trial investigation; 2) the degree of restriction of individual rights during decision-making. The article concludes that the lowest level of suspicion is sufficient for the commencement of criminal proceedings - suspicion of the fact of committing a criminal offense. Such suspicion of the fact of committing a criminal offense corresponds to the establishment of the object and the objective side of the criminal offense. It was found that during the detention of a person for committing a criminal offense, in addition to the suspicion of committing a criminal offense, the standard of “suspicion of sufficient involvement of the detainee” must be achieved. A certain level of suspicion of sufficient involvement of the detainee in the commission of a criminal offense is necessary to justify his detention. It was found that the notification of a person's suspicion of committing a criminal offense (without the application of a precautionary measure against him) presupposes the achievement of the standard of proof - “sufficient grounds (evidence)”. Which is lower than the standard of «reasonable suspicion”, the achievement of which is necessary in case of restriction of the rights of the person in connection with the application of security measures, etc. It is established that the standard “reasonable suspicion” is not stable and is assessed depending on the course of criminal proceedings. Over time, the standard of proof of “reasonable suspicion” increases and should be supported by proof of new circumstances and risks.

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 METHODOLOGICAL APPROACHES TO AN ASSESSMENT OF REDUCED BENEFIT

2019 ◽  
pp. 677-688
Author(s):  
Keyword(s):  
Relevant Information ◽  
Economic Benefits ◽  
Judicial Practice ◽  
Theoretical Approaches ◽  
Before And After ◽  
Valuation Methodology ◽  
The Law ◽  
Definition Of ◽  
Concomitant Factors ◽  
Lost Profit

The article is devoted to the generalization of methodical approaches to the estimation of the lost profit. In the process of assessing lost profits, two main issues can be identified. The first one is what can actually be qualified as a lost profit, what its features and how to prove that such a profit could indeed be obtained. The second is how to actually measure the profit that has never been received. The purpose of the article is to determine the approaches to estimating lost profits taking into account the peculiarities of the Ukrainian economy. The theoretical approaches to the definition of the essence of lost profits are systematized. It is substantiated that the missed profit is the estimated value of losses in the increment of the income of the aggrieved party, which is based on the evidence, confirming the real possibility of obtaining economic benefits by the aggrieved party, if it was not harmed by acts or omissions of the guilty party. The judicial practice concerning estimation of the lost profit is analyzed. The algorithm of establishing the fact of the lost profit and its estimation is developed. The algorithm consists of four stages: the detection of the violation of the law, the establishment of the consequences of the violation of the law, the establishment of the fact of the purpose of damages and their form, assessment of the magnitude of losses. The approaches to estimating lost profits are systematized. It has been determined that direct approaches can be applied in the presence of relevant information and provided that there is a direct link between the committed violation and the loss of profit. It is substantiated that valuation approaches are based on the use of valuation procedures for the accumulation of income that was not received by the aggrieved party as a result of the commission of unlawful actions against it. Methods based on the valuation approach include the comparison of revenues (cost or level of capitalization) before and after an event related to unlawful actions. The complexity of applying valuation approaches is the need to eliminate the influence of concomitant factors, which could also cause harm, but they were not related to unlawful actions. It is determined that in assessing lost profits it is important to prove the fact of the lost profit and its connection with the committed violation of law. One of three approaches can be used to estimate the amount of lost profit: direct, estimated or mixed. The choice of a particular method depends on the specifics of the research object. Key words: missed profit, valuation methodology, unearned profits, moral harm.

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