scholarly journals Formalization of Methods in Criminalistics

2019 ◽  
Vol 75 (4) ◽  
pp. 86-90
Author(s):  
L. P. Grynko
Keyword(s):  
Forensic Science ◽  
Theory And Practice ◽  
Independent Research ◽  
Theoretical Level ◽  
Mathematical Methods ◽  
Material Models ◽  
Theoretical Methods ◽  
Judicial Practice ◽  
Sign System ◽  
Practical Recommendations

Scientific works on formalization of methods in criminalistics have been analyzed in the article. Despite the importance and relevance of these issues, it has been established that there is a number of unresolved issues in the theory of forensic science, as well as in investigative and judicial practice regarding the possibilities of formalizing methods and their implementation, which require separate independent research and in-depth reflection. Accordingly, the purpose of this article is to clarify the methods used to detect and investigate crimes and the possibilities of their formalization in criminalistics. Formalization methods in criminalistics have been considered. It has been found out that the most successful is their division into formalization of theoretical methods and formalization of practical methods. Methods of theoretical level have been researched. It has been emphasized that the use of mathematical methods contributes to the development of the most accurate practical recommendations, which allow to approach many issues of the theory and practice of forensic science from new positions. The author has considered the modeling method and has argued that it creates the preconditions for the use of formalization, since acting as prototypes, plans, hypothetical constructions of all kinds, this process is presented to investigators as a complex of interrelated transformations in the form of description. The development and use of forensic material models in the management of an investigative situation allows investigators to use, by analogy, forensic algorithms and investigative programs. Thus, the formalization is carried out in the form of the transition of content into a sign system. It is designed to address the tasks faced by investigators and directly related to the investigative situation existing at the time of the investigation. It has been found out that the formalization of forensic knowledge methods allows the use of such knowledge in the process of solving problems and making decisions by means of signs and symbols, which may increase the capacity of investigators to solve problems at all stages of crime investigation in different conditions of uncertainty.

scholarly journals CRIMINAL PROVISION OF CRIMINAL PROCEEDINGS: LEVELS, DIRECTIONS AND FORMS OF IMPLEMENTATION

2020 ◽  
pp. 40-51
Author(s):  
Y. Chornous
Keyword(s):  
General Theory ◽  
Forensic Science ◽  
Relevant Information ◽  
Scientific Basis ◽  
Practical Aspect ◽  
Theory And Practice ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Criminal Offenses ◽  
Practical Recommendations

The scientific article describes the concept and essence of forensic support of criminal proceedings, defines the levels, directions and forms of its implementation. It is substantiated that forensic support is realized during the investigation and prevention of criminal offenses, as well as the judicial review of criminal proceedings (cases) using forensic means, methods, techniques according to certain levels, directions and forms. The levels of forensic support of criminal proceedings are distinguished, namely: local; regional; state; international. Considering the established system of forensics, according to which the development of theoretical foundations and practical recommendations of forensic support is based on the provisions of the general theory of forensic science, forensic techniques, tactics and methods, three main areas of forensic crime are defined: forensic. In this case, the general theory of forensic science is of methodological importance for the formation of their scientific foundations. According to the mentioned directions, the main forms of forensic support of criminal proceedings are distinguished: – in the direction of technical and forensic support: the use of technical means and methods of detecting, fixing, collecting, investigating the traces of crime, other forensically relevant information, including through the use of special knowledge, involving specialists in investigative (investigative) actions; fixing the course and results of investigative (investigative), court actions; maintaining criminal registration and forensic records systems; involvement of experts and carrying out of expertise; – in the direction of tactical and criminalistic support: improvement of existing and development of new tactical techniques and their complexes; formation of tactics of investigative (search) actions; – in the direction of methodological and forensic support: development of new methods of investigation of criminal offenses (according to the criminal law and forensic classification); formulating recommendations to increase the effectiveness of the method of investigation of certain types (groups) of criminal offenses. These levels, directions and forms of forensic support should be considered in the scientific and practical aspect, which consists in creating the scientific basis of the tools, methods and techniques used the formation of practical recommendations for their application. The unity of theory and practice ensures effective achievement of the set goals in the system of forensic support of criminal proceedings.

PROBLEMS AND TRENDS OF DEVELOPMENT OF BRANCHES OF CRIMINALISTIC TECHNOLOGY

2017 ◽  
Author(s):  
Vitaliy Elyotnov ◽  
Keyword(s):  
Forensic Science ◽  
Video Recording ◽  
Theory And Practice ◽  
Controversial Issues ◽  
Forensic Photography ◽  
Forensic Research ◽  
Forensic Scientists ◽  
Further Development

The article examines the key provisions of traditional and developing branches of forensic technology as a branch of the forensic science. The article analyzes modern publications of domestic and foreign scientists dedicated to the problems of forensic technology. Discussion issues and gaps existing in the theory and practice of such branches of forensic technology as forensic photography and video recording, forensic phonoscopy, forensic traceology, forensic weapons science, forensic documentation, forensic research of substances, materials and products, forensic registration, etc. The opinions of individual forensic scientists on the resolution of controversial issues of forensic technology are given. The scientific directions that have not received at present recognition of independent branches of forensic technology are indicated. The promising areas of research in the framework of the branches of forensic technology are named, the main trends of its further development are formulated.

Termination of the employment contract on the initiative of the employee: questions of theory and practice

2021 ◽  
pp. 164-170
Author(s):  
I.A. Shuvalova
Keyword(s):  
Theory And Practice ◽  
Labor Disputes ◽  
Employment Contract ◽  
Judicial Practice ◽  
Theoretical Issues ◽  
Current Reality

Termination of an employment contract on the initiative of an employee entails a lot of controversial practical and theoretical issues. The article presents the procedure of voluntary dismissal, taking into account the current reality. Examples of judicial practice that demonstrate ambiguity in the resolution of labor disputes in certain situations are given.

The role of forensic science and forensic examination in international cooperation in the investigation of crimes

2021 ◽  
Vol 28 (1) ◽  
pp. 179-186
Author(s):  
Valery Yu. Shepitko ◽  
Mykhaylo V. Shepitko
Keyword(s):  
Forensic Science ◽  
International Cooperation ◽  
International Criminal ◽  
Expert Witness ◽  
International Crime ◽  
National Level ◽  
Criminal Court ◽  
Theory And Practice ◽  
International Level

The application of forensic science and expertise is a necessary prerequisite for the investigation of crimes at the local and national level. Without the use of forensic science and expertise, an investigation within the framework of a criminal process becomes dead and unsubstantiated. But with the globalisation of world processes, the development of technologies, the speed of information transmission, the formation of crime outside the borders of one state and its entry into the international level has become an urgent problem, which has become a challenge in countering such crime and the need to steer forensic science and expertise towards assisting law enforcement activities. A special feature of countering the investigation of crimes was the creation of international cooperation between forensic specialists and expert witnesses even prior to the establishment of practical institutions that could counteract them in practice. Therewith, some representatives of such international unions and associations have taken serious steps in creating mechanisms for real counteraction to crimes at the international level (R.A. Reiss, G. Soderman, M.Sh. Bassiuni). Coverage of the problem of international cooperation in the investigation of crimes through the definition of the role of forensic science and expertise allowed focusing on the following blocks: 1) international associations of forensic specialists for combating crime in the historical context; 2) international criminal police organisations in combating crime; 3) international cooperation in the field of conducting forensic examinations; 4) the use of forensic and special knowledge in the activities of the International Criminal Court. Thus, a combination of theory and practice in the fight against crime is demonstrated. Historically, this is associated with the role of forensic science and expertise in recording traces of crimes, analysing them, and forming legal, forensic, and expert witness opinions. The purpose of the study is to establish the decisive role of forensic science and expertise in international cooperation in the investigation of crimes. For this, the authors turned to forensic science and expertise, historical processes that served to create substantial international organisations created to counter international crime

scholarly journals INTERNATIONAL RESEARCH COOPERATION IS EFFECTIVE MECHANISM FOR FORENSIC SCIENCE IMPROVEMENT

2021 ◽  
Vol 3 ◽  
pp. 32-37
Author(s):  
O. Kliuiev
Keyword(s):  
Forensic Science ◽  
International Cooperation ◽  
International Research ◽  
Current Trend ◽  
Theory And Practice ◽  
Advanced Technology ◽  
Scientific Center ◽  
Research Cooperation ◽  
Forensic Practice ◽  
European Standards

The article reveals the content of international research cooperation of science forensic institutions of Ukraine other countries across the world. One of the main areas of work of forensic science institutions of Ukraine is compliance with European standards for forensic examinations and forensic researches. Because of this current trend at the present stage is to expand participation of forensic science institutions in international cooperation, increase their role in the further development of theory and practice of forensic science and criminalistics. It is concluded that improvement of forensic activity in Ukraine and international cooperation in the field of expert support of justice is one of the leading activities of National Scientific Center «Hon. Prof. M. S. Bokarius Forensic Science Institute» of the Ministry of Justice of Ukraine. The international agreements/memoranda with the partner institutions of NSC « Hon.  Prof.  M. S. Bokarius FSI» are indicated, in which provisions the main strategic directions of research cooperation in the field of forensic science and criminalistics are determined. It is concluded that in-depth research of problematic aspects of forensic practice, use of the latest and most advanced technology in conducting forensic examinations and forensic researches is the guarantee for to improving efficiency of forensic science institutions of Ukraine and in the near future will open new horizons for forensic science  and criminalistics.

scholarly journals Modern Technologies in Foreign Language Teaching: The Case of L.N. Gumilyov Eurasian National University

2019 ◽  
Vol 16 (2) ◽  
pp. 39-45 ◽  
Author(s):  
Akzhan Abdykhalykova
Keyword(s):  
Foreign Language ◽  
Information Technologies ◽  
Language Teaching ◽  
Foreign Language Teaching ◽  
Theory And Practice ◽  
Foreign Languages ◽  
Theoretical Methods ◽  
National University ◽  
Modern Information ◽  
Modern Technologies

Abstract Research purpose. The teacher of higher education should motivate students to use modern information technology training to study the discipline and develop professional competencies in foreign language teaching. The purpose of this research is to highlight the problem of finding the optimal didactic capabilities of modern information technologies used for improving the system of training specialists in the field of foreign languages teaching and to discuss the results of current studies in this direction. Design/Methodology/Approach. The authors summarized the relevant literature and results of the research and teaching experience. The main theoretical methods of research are modelling and designing the process of incorporating modern information technologies into foreign language teaching at the university. Theoretical methods are supplemented by empirical methods, such as observation, survey, testing, experimental work and methodological analysis. Findings. The article reveals the main components of the system of using modern technologies of foreign languages teaching at Theory and Practice of Foreign Languages Department of L.N. Gumilyov Eurasian National University. The article presents a description of training and monitoring online programs, their approbation in real conditions of pedagogical activity, the results of a pedagogical experiment, which proves the effectiveness of using modern technologies in the training of foreign and second language students. Originality/Value/Practical implications. The electronic educational materials, recommendations developed by the authors, can be used in the teaching of foreign language and can serve as a basis for the development of information, communication and instrumental provision in other subjects. The need for further research is as follows: to create online platforms, multimedia and testing programs and to develop variants of using modern technologies in foreign language teaching.

Mathematical methods for the characterization of ultrasound in anisotropic materials

2000 ◽  
Vol 78 (9) ◽  
pp. 803-821 ◽  
Author(s):  
B O'Neill ◽  
R Gr. Maev
Keyword(s):  
Wave Propagation ◽  
Acoustic Waves ◽  
Asymptotic Theory ◽  
Anisotropic Materials ◽  
Bulk Wave ◽  
Mathematical Methods ◽  
Theoretical Methods ◽  
The Past ◽  
Fundamental Equations

Although the fundamental equations for the propagation of elastic and acoustic waves in anisotropic materials have not changed in more than a 100 years, the last few decades have seen a surge in interest in the topic. Much of this interest stems from the growing need for characterization of an increasing number of exotic materials. The intent of this paper is to review, for the benefit of beginning researchers in acoustics and ultrasonics, the fundamental phenomena related to elastic wave propagation in anisotropic media. We also present the most common and interesting theoretical methods developed over the past 20 years to model bulk wave propagation in such media. The methods discussed include plane wave superpositions, ray asymptotic theory, paraxial beams, and Green's functions. More peripheral issues, including anisotropic effects combined with various other exotic effects, are dealt with in the bibliography. PACS No.: 43.90

scholarly journals ISSUES OF THE QUALIFICATION OF A MURDER FOR THE PURPOSES OF USING VICTIM’S ORGANS OR TISSUES (CLAUSE М PART 2 ARTICLE 105 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)

2020 ◽  
Vol 10 ◽  
pp. 46-51
Author(s):  
Andrey L. Ivanov ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Code ◽  
Theory And Practice ◽  
Human Organs ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

The article substantiates the solution of some of the issues of qualification of murder discussed in theory and practice in order to use human organs or tissues, the results of a study of judicial practice, in which clarifications of the Supreme Court of the Russian Federation on this topic were applied.

scholarly journals THEORIES OF VAGUENESS AND THEORIES OF LAW

Legal Theory ◽  
2019 ◽  
Vol 25 (2) ◽  
pp. 132-152
Author(s):  
Alex Silk
Keyword(s):  
Rule Of Law ◽  
Legal Theory ◽  
Theory And Practice ◽  
Legal Interpretation ◽  
Philosophy Of Law ◽  
Conventional Meaning ◽  
The Rule Of Law ◽  
Judicial Practice ◽  
Content Determination ◽  
The Law

ABSTRACTIt is common to think that what theory of linguistic vagueness is correct has implications for debates in philosophy of law. I disagree. I argue that the implications of particular theories of vagueness on substantive issues of legal theory and practice are less far-reaching than often thought. I focus on four putative implications discussed in the literature concerning (i) the value of vagueness in the law, (ii) the possibility and value of legal indeterminacy, (iii) the possibility of the rule of law, and (iv) strong discretion. I conclude with some methodological remarks. Delineating questions about conventional meaning, legal content determination, and norms of legal interpretation and judicial practice can motivate clearer answers and a more refined understanding of the space of overall theories of vagueness, interpretation, and law.

scholarly journals CONTRACTUAL BASIS FOR TERMINATION OF CIVIL LEGAL OBLIGATIONS: PROBLEMS OF THEORY AND PRACTICE OF APPLICATION

2021 ◽  
Vol 31 (6) ◽  
pp. 1054-1058
Author(s):  
N.V. Kuznetsova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Civil Code ◽  
Theory And Practice ◽  
Freedom Of Contract ◽  
Judicial Practice ◽  
Legal Obligations ◽  
Problematic Issue ◽  
The Russian Federation

The article considers contractual grounds for termination of civil obligations: compensation, innovation, debt forgiveness. The paper notes some problems of the application of Articles 409, 414, 415 of the Civil Code of the Russian Federation in judicial practice, analyzes the issues of the ratio of compensation and innovation, the differentiation of these contracts. The problems of qualification of agreements on the grounds for termination of obligations in law enforcement practice and the question of applying the principle of freedom of contract to the relations under consideration are considered. It is noted that at present the practice of applying the legislation on compensation has changed significantly. Despite the restrictions established by the norm of Article 409 of the Civil Code of the Russian Federation, judicial practice allows the possibility of using works and services as a subject of compensation, which leads to problems of distinguishing such contractual grounds for termination of obligations as compensation and innovation. With regard to the innovation, an analysis of the provisions on the possibility of novating the penalty into a loan obligation is given. A problematic issue is the legal qualification of debt forgiveness as a basis for termination of an obligation. It is noted that the contractual nature of debt forgiveness should be taken into account. Acceptance of notification by the debtor's creditor of his release from the performance of his duty is the silence of the debtor (clause 2 of Article 438 of the Civil Code of the Russian Federation). The article also considers the question of the ratio of debt forgiveness and donation. The analysis of judicial practice shows that the courts do not consider debt forgiveness as a gift, except in cases when the creditor released the debtor from the performance of the obligation free of charge. In this case, the norms of Article 168 of the Civil Code of the Russian Federation and paragraph 4 of Article 575 of the Civil Code of the Russian Federation are subject to the application of debt forgiveness.

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