scholarly journals ISSUES OF ECONOMIC EXAMINATION IN CRIMINAL PROCEEDINGS

2021 ◽  
Author(s):  
M. Poliennikov ◽  
O. Buhaienko
Keyword(s):  
Forensic Science ◽  
Judicial Review ◽  
Practical Experience ◽  
Criminal Proceedings ◽  
Comprehensive Investigation ◽  
Scientific Discussion ◽  
Procedural Law ◽  
Forensic Expert ◽  
Exhaustive List

The authors have convincingly demonstrated that the timeliness of the appointment of a forensic economic examination, the precise formulation of questions and the identification of an exhaustive list of objects submitted to the expert for study are of great importance for the objective and comprehensive investigation of crimes. The implementation of these proposals will not only optimize the process of appointing and conducting a forensic economic examination, but will contribute significantly to the efficiency of the investigation and judicial review of criminal proceedings. In the authors’ view, improvements in the detection, investigation and prevention of crimes through the lens of scientifically grounded forensic expert activity will contribute to the improvement of the efficiency and quality of the execution of forensic examinations. Without any doubts, the development of forensic science as an institution of evidence and procedural law cannot take place without scientific discussion, discussion of the results of scientific research, exchange of views and practical experience, which will make it possible to find optimum criteria for solving current problems.

scholarly journals Leading questions in criminal proceedings: some aspects of the concept

1970 ◽  
pp. 296-301
Author(s):  
Ivan Kogutych
Keyword(s):  
Forensic Science ◽  
Facial Expressions ◽  
Judicial Review ◽  
Clear Definition ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Freedom Of Choice ◽  
Procedural Law ◽  
Definition Of ◽  
Leading Question

The article analyzes some theoretical and practical aspects of the psychological and cognitive nature of the leading questions in criminal proceedings. It is stated that neither legislation nor the theory contains a single acceptable definition of a "leading question". This is explained by the fact that it is almost impossible to give a clear definition of the aforementioned questions in criminal proceedings (even though the Ukrainian legislature's attempt to define this notion was rather unsuccessful (Article 352, part 6 of the CCP). It is emphascized on the correctness of the widespread scientist’s opinion that the main dander in a leading question is its regular inadmissible suggestive power, which may be due not so much to the information contained in the formulation of the question as to other factors: the context of the question's voice; facial expressions; gestures; intonation of the inquirer or other non-linguistic impurity in language considered by non-verbal forensic science. It is supported by the conclusion that there is still no single scientific position on which questions are inherently suggestive. It is stated that in order to improve the situation with the use of leading questions in criminal proceedings, it is first and foremost necessary that criminal procedural law should differentiate between the most common types of leading questions and only then do prohibit some of them, regardless of the stage of the trial. Instead, the latter works the opposite, recognizing that all the questions raised are inadmissible if it relates primarily to direct interrogation. In this way, the legislator, in the author's opinion, significantly limits the freedom of choice of interrogation tactics to both the investigator and the court. Therefore, the need and admissible possibility of maximizing the use of leading questions during interrogations and other evidentiary proceedings in the pre-trial investigation and judicial review of criminal cases is justified. The arguments for the realization of this possibility are presented, in particular: to determine the psychological and scientific criteria according to which a particular formulation of a question can be regarded as containing an unacceptable suggestive influence on the interviewee; to develop a methodological mechanism for establishing (diagnosing) the admissible level of the suggestive influence of a leading question, since the question of the admissibility of evidence depends on the content of the categorical nature of this variety of questions; more clearly (normatively and tactically) differentiate the limits of the lawfulness of coverage by a category of leading questions in case of announcement to the interviewee of a previously given testimony, presentation of evidence to him and the use of a number of other tactical techniques that are based in one way or another on the effect of a suggestion. In fact, all of them, in general, are based on acquaintance of the interviewee with a certain accentuated - meaningful part of the information established by the criminal proceedings.

scholarly journals The Principle of Validity: A Methodological Imperative in Forensic Practice

2018 ◽  
Vol 13 (2) ◽  
pp. 36-42
Author(s):  
Igor' A. Grigor'ev
Keyword(s):  
Forensic Science ◽  
Legal Process ◽  
Procedural Law ◽  
Forensic Practice ◽  
Forensic Expert ◽  
Expert Community

The author reflects on whether validity can be considered both a principle of law and a functional principle of forensic expert activity. Disclosing the methodological significance of validity, which is yet to be fully and consistently incorporated in the procedural law, the author concludes that validity is understood and applied by the Russian justice and expert community precisely as a principle of law, an imperative indicator of the quality of forensic science for all its procedural forms in the legal process.

scholarly journals The concept of a certain forensic technique and its types

2018 ◽  
Vol 83 (4) ◽  
pp. 38-45
Author(s):  
S. O. Knizhenko
Keyword(s):  
Forensic Science ◽  
Judicial Review ◽  
Subject Matter ◽  
Current Development ◽  
Criminal Proceedings ◽  
The Subject ◽  
Contemporary Development ◽  
Scientific Ideas ◽  
Group Species

The forensic technique is one of the sections of forensic science which task is to develop recommendations for the effective investigation of certain types of crimes. Nowadays there is no consensus among scholars about the concept of a certain forensic technique, its types, structure and tasks. The objective of the work is to determine the concept of a certain forensic technique and its types, taking into account the contemporary development of scientific ideas about criminalistics. The author of the article has revealed the modern tasks of a certain forensic technique, has determined the sphere of distribution of forensic recommendations. The classification of methods of investigation of certain types of crimes has been offered taking into account the taxonomy, which will lead the construction, implementation of new and modernization of existing forensic techniques to a new level. It has been noted that the current development of criminalistics leads to the need to apply forensic recommendations both at the stage of pre-trial investigation, and during the judicial review of criminal proceedings. In this regard, one of the tasks of a certain forensic technique is the development of methodological recommendations not only for investigators, but also for prosecutors, judges. A certain forensic technique in the opinion of the author is the system of typed criminalistic recommendations in a certain form stipulated by investigative (court) situations and by the subject matter of proving regarding the most appropriate complexes of procedural actions, operative and search activities and tactical operations, their combination with the use of technical and forensic means and tactical methods according to the type of crimes aimed at the effective detection, consolidation, evaluation and use of evidence in criminal proceedings. Types of certain forensic techniques are allocated on various features, which take into account both criminal and criminalistic criteria and make up the following levels: group, species, generic, intergeneric (complex).

scholarly journals Interaction between investigator and operational units in pretrial investigation of criminal offenses

2021 ◽  
Vol 1 (1) ◽  
pp. 272-276
Author(s):  
Maksym Ocheretyatyy
Keyword(s):  
Theory And Practice ◽  
Factual Information ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Procedural Law ◽  
Criminal Offenses ◽  
Theoretical Generalization

The article analyzes the essence of the outlined problem, focuses on the importance of the investigator's interaction with operational units in the pre-trial investigation of criminal offenses, outlines the concept, which is defined as a comprehensive and purposeful process of communication between different actors involved in criminal proceedings. , is the ultimate goal, which makes it possible to obtain factual information about the event of a criminal offense. This gave grounds for distinguishing the essence of this process, which in general is distinguished by the fact that the investigator is a procedural person who is directly responsible for the quality of pre-trial investigation, its planning and effectiveness of investigative (search) actions, their timeliness and consistency. It is also argued that the issues of theoretical generalization of the elements of the process of interaction of the investigator in the pre-trial investigation were effectively and accurately formulated in the above stages, which partially duplicate the stages of the pre-trial investigation. However, the proposed approach of individual researchers to differentiate the interaction not only in terms of criminal procedural law, but also from the standpoint of operational and investigative activities, as a process can also be useful in planning a pre-trial investigation. This logically gives grounds to claim that the interaction with operational units is based on close and coordinated cooperation within the current legislation, on the initiative of both parties, as well as the planned conduct of any investigative or non-public investigative (search) actions. The author, as a result of the received interpretations of basic terms it was given an opportunity to investigate its stages. Therefore, the approaches of scientists to determine the stages of interaction in the pre-trial investigation of criminal offenses are analyzed, they are generalized, and the most effective approach totheir structuring for theory and practice is determined.

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 PLACE OF FORENSIC SCIENCE IN THE CYBERTHREATS PREVENTION SYSTEM IN FIELD OF A UKRAINIAN INFORMATION SECURITY

2018 ◽  
Vol 18 ◽  
pp. 263-271
Author(s):  
A. A. Russetskiy
Keyword(s):  
Information Security ◽  
Forensic Science ◽  
Crime Prevention ◽  
Criminal Activity ◽  
Integrated Approach ◽  
Practical Experience ◽  
Criminal Proceedings ◽  
Research On Research ◽  
Science Theory ◽  
Specific Object

Theoretical developments and practical experience of countering cyberthreats in the field of information security of Ukraine are analyzed. It is determined that the crime prevention in the field of information security is structurally composed of several stages. They include: search for primary information on criminal activity in the information field ; prevention of cybercrime; detection of illegal actions in the field of information security while operative investigative activities and pre-trial investigation of criminal proceedings. The most common illegal actions in the field of information security is unauthorized tampering in the work of information and telecommunications systems. In order to identify these crimes during operative investigative activities within the criminal procedure operational officers and investigators must possess methods of detecting specified illegal actions and objects that can be subject to research. Theoretical bases of recommendations for search, detection, fixation and seizure of these facilities should be appropriate criminalistic methods. Legal basis for the formation of these methods should be legislative and departmental regulatory acts. However, in a number of normative legal acts related to ensuring cybersecurity in Ukraine, there are inconsistencies in the conceptual apparatus, especially with regard to specific object types of forensic science, signs of unauthorized tampering in the work of information and telecommunications systems. It was found out that counteraction to cyberthreats in the field of information security in Ukraine should be based on a system integrated approach to use of all structural elements, coordination of its subject activities including forensic experts. The theoretical basis for the formation of a system integrated approach to crime prevention in this field is the implementation of research on research of theoretical applied branches of jurisprudence: criminalistics, theory of forensic science, theory of operative investigative activities.

DIGITALIZATION OF CRIMINAL PROCEEDINGS IN RUSSIA: PROS AND CONS

2021 ◽  
pp. 151-161
Author(s):  
Vitaly A. Dudarev ◽  
Keyword(s):  
Criminal Justice ◽  
Information Technologies ◽  
Digital Technologies ◽  
Organizational Capabilities ◽  
Positive Development ◽  
Modern World ◽  
Criminal Proceedings ◽  
Scientific Discussion ◽  
Procedural Law ◽  
Pros And Cons

The article is devoted to the digitalization of criminal proceedings in Russia. Over the past five years, there has been a lively scientific discussion in the science of criminal procedural law, which concerns the issues of digital transformation of criminal justice. First of all, we are talking about the digitalization of criminal proceedings. In Russia, as in foreign countries, a large number of scientists pay attention to this problem. A feature of modern life of people and society in the XXI century. information technologies have become, penetrating into all its layers. Any country in the modern world tries to keep up with the times and develop in all directions, and the development of digital technologies is often in first place. The developed digital infrastructure of any country allows solving important problems, one of which is affordable and quick access of citizens to public services. The author highlighted both the pros and cons of digitalization. The study of digitalization issues has shown that due to the introduction of new digital technologies in the sphere of Russian criminal justice, there is a certain positive development towards the automation and simplification of many procedures related to paper workflow. On the other hand, the country does not yet have certain technical and organizational capabilities for a universal transition to 100% use of digital technologies.

scholarly journals THE NECESSITY OF REGULATION OF THE DEFINITION “DETAILED DESCRIPTION OF THE STUDIES IN THE EXPERT’S CONCLUSION”

2021 ◽  
pp. 162-175
Author(s):  
A. Poltavskyi
Keyword(s):  
Forensic Science ◽  
State Standard ◽  
International Standards ◽  
Scientific Methods ◽  
Normative Documents ◽  
Procedural Law ◽  
Forensic Examination ◽  
General Scientific ◽  
Forensic Expert ◽  
Forensic Scientists

The article deals with the problem of interpretation of the normatively fixed definition “detailed description of the studies in the expert’s conclusion”, which (that is, conclusion) is a source of evidence in the procedural law of Ukraine. There are presented the views of forensic scientists, the international standards adopted in Ukraine are analyzed, the ILAC G19: 08/2014 “Modules in a Forensic Science Process” guidelines, the draft of fifth part of the ISO 21043 standard “Reporting” regarding the content of this definition. It is stated that “the detailed description of the studies in the expert’s conclusion” is based on the dialectical-materialistic method, methods of formal logic, general scientific methods, methods of maternal sciences and special methods, that is, methodologies of conducting forensic examinations. A parallel is drawn with the latter as with normative documents that should regulate the process of description in the research part of the conclusion. Based on the obtained results of the analysis, it was concluded that in the forensic examination methodology, as a detailed program for solving an expert assignment, in the section that regulates the procedure for formalizing the research conducted by an expert conclusion, the procedure for a detailed description of the research should be determined, which allows for interpretation the results obtained (assessment of the results of the studies carried out and the formulation of conclusions) by others who did not conduct an examination, by qualified specialists having the appropriate competence to confirm the reliability of the results and formulated answers to the questions posed, including by reproducing and/or repeating the process of producing the examination. In order to solve the problem raised, it is necessary to develop the state standard of Ukraine - DSTU XXXX: 202__ “Forensic expert activity. Forensic examination methodologies. Requirements”, in which to determine, inter alia, the content of the definition “detailed description of the studies in the expert’s conclusion”.

scholarly journals The Nature and Structure of a Forensic Linguist’s Specialized Knowledge

2021 ◽  
Vol 16 (2) ◽  
pp. 18-28
Author(s):  
V. O. Kuznetsov
Keyword(s):  
Forensic Science ◽  
Complex Structure ◽  
Linguistic Knowledge ◽  
Federal Law ◽  
Present Stage ◽  
Forensic Linguistics ◽  
Specialized Knowledge ◽  
Procedural Law ◽  
Science Theory ◽  
Forensic Expert

The article addresses one of the current problems of forensic linguistics - the problem of a forensic linguist’s specialized knowledge. Basing on the study of the concept of “specialized knowledge” in legislation and the theory of forensic science and the practice of forensic linguistic analysis, the author demonstrates that a forensic linguist’s specialized knowledge is inhomogeneous in its nature. It is not limited to linguistic knowledge only but has a complex structure, which includes background knowledge, awareness of forensic science theory, and understanding of substantive and procedural law. It seems that at the present stage, such a structure of specialized knowledge of a forensic linguist most fully contributes to solving the tasks of forensic linguistics and implementing the principles of forensic expert activity regulated by Federal Law No. 73-FZ of 31.05.2001.

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.

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