scholarly journals THE USE OF SPECIAL KNOWLEDGE IN CRIMINAL AND ADMINISTRATIVE COURT PROCEEDINGS

2021 ◽  
pp. 148-162
Author(s):  
O. Humenskyi
Keyword(s):  
Specific Activity ◽  
Cognitive Activity ◽  
Criminal Proceedings ◽  
Scientific Validity ◽  
Legal Proceedings ◽  
Direct Form ◽  
Special Knowledge ◽  
The Subject ◽  
Court Proceedings ◽  
Correct Understanding

A correct understanding of special knowledge is an important condition for its application in all necessary cases, due to the need for legal proceedings. Special features that characterize special knowledge are the following: – this knowledge is not generally known, generally available and unit; – a person in the process of theoretical and practical preparation for a specific activity acquires them; – are used not once; – are provided in indirect form, not direct form; – are involved in the process in accordance with the procedure established by law if the participants in the process have a need for this kind of knowledge; – are used in the forms provided for by procedural legislation; – its use is associated with a certain level of education and/or training, as well as professional or other experience; – such knowledge helps to ensure the adoption of a lawful and justified act of the pre-trial investigation bodies and the court as a judicial authority. The basis of special knowledge must necessarily be theoretical, scientific validity. Special knowledge in criminal proceedings is knowledge and skills obtained as a result of special education and/or practical activity in any field of science, technology, art or craft, which are used by the participants in the process determined by the law within the powers granted to each of them to solve procedural tasks according to a certain procedure. Special knowledge is personalized knowledge acquired and assimilated by a specific person in the process of cognitive activity. In addition, the understanding of cognition as an activity to achieve knowledge corresponds to the concept of judicial cognition as a process for the formation of knowledge about the circumstances that are significant for the correct consideration and resolution of the case. The basis for the use of special knowledge is the need for it in order to obtain evidence-based information: 1) by establishing in the process of research facts that cannot be obtained in another way (examination); 2) by using special knowledge to provide advice, clarifications, assistance in formulating questions to an expert or the commission of other procedural actions. Depending on the subject, type of activity and the purpose of its application, procedural and non-procedural forms of using special knowledge are distinguished. Depending on the legal purpose, the distribution of forms of using special knowledge is carried out as follows: if new evidence is formed using special knowledge, this is a procedural form; if special knowledge is used for the internal conviction of the subject of proof, this is a non-procedural form.

INTERNATIONAL AND CONSTITUTIONAL FRAMEWORK FOR CRIMINAL CASE PROCEEDINGS AGAINST MINORS

2019 ◽  
pp. 99-106
Author(s):  
Igor Igorevich Kartashov
Keyword(s):  
Juvenile Justice ◽  
International Law ◽  
General Procedure ◽  
The Self ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Norms ◽  
Legal Proceedings ◽  
The Subject

The relevance of the study is due to the importance of finding effective and at the same time humane measures to combat crime of minors that meet the generally accepted principles and norms of international law. The purpose of the study is to consider the international legal norms that form the basis of standards in the field of implementation of the rights of minors involved in the orbit of criminal proceedings. In this study we consider some aspects of the implementation of fair minor’s justice standards in the Russian criminal procedure legislation. Also we analyze the provisions of key regulations in the field of juvenile justice, the practice of their application, as well as doctrinal approaches to the prospect of further improvement of the criminal procedural form of legal proceedings against minors. On the basis of the analysis we highlight the features of the proceedings in the category of criminal cases: criminal prosecution can be initiated only after reaching a certain age; expanded the subject of proof; the production involves additional participants; the establishment of additional grounds and conditions for the use of coercive measures related to the restriction of freedom; confidentiality, which determines the characteristics of the trial; expansion of the range of issues resolved by the court in sentencing. It has been concluded that the existing domestic criminal proceedings the order of proceedings in criminal cases among minor, despite the peculiarities that distinguish it from the general procedure, it is impossible to recognize the self-differentiated procedure.

Forced to sexual activities: legal positions of Supreme Court of the Russian Federation and Republic of Kazakhstan

2019 ◽  
pp. 175-189
Author(s):  
Ardak Alimkhanovna Biyebayeva ◽  
Aigul Mailybayevna Kalguzhinova ◽  
Vera Anatolievna Chunyaeva
Keyword(s):  
Juvenile Justice ◽  
General Procedure ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Norms ◽  
Legal Proceedings ◽  
Sexual Activities ◽  
The Subject ◽  
The Russian Federation

The relevance of the study is due to the importance of finding effective and at the same time humane measures to combat crime against minors that meet the generally accepted principles and norms of international law. The purpose of the study is to consider the international legal norms that form the basis of standards in the field of implementation of the rights of minors involved in the criminal proceedings orbit. We consider some aspects of the fair juvenile justice standards implementation in the Russian criminal procedure legislation. We analyze the provisions of the key normative acts in the field of juvenile justice, their application practice, as well as doctrinal approaches to the prospect of further improvement of the criminal procedural form of legal proceedings against minors. On the basis of the analysis, we highlight the proceedings features in the criminal cases category: criminal prosecution can be initiated only after reaching a certain age; expanded the subject of proof; the production involves additional participants; the establishment of additional grounds and conditions for the use of coercive measures related to the restriction of freedom; confidentiality, which determines the characteristics of the trial; expansion of the range of issues resolved by the court in sentencing. It has been concluded that the existing domestic criminal proceedings the order of proceedings in criminal cases in juvenile, despite the peculiarities that distinguish it from the general procedure, it is impossible to recognize the self-differentiated procedure.

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 Examination and subsequent evaluation of criminal case materials by the prosecuting attorney as the basis for effective organization of the judicial inquiry

2020 ◽  
pp. 249-261
Author(s):  
Ol'ga Anatol'evna Zayceva
Keyword(s):  
Russian Federation ◽  
Legal Framework ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Public Prosecution ◽  
Legal Proceedings ◽  
The Subject ◽  
The Russian Federation ◽  
Effective Organization ◽  
Fundamental Consideration

The subject of this article is the activity of the prosecuting attorney in the maintenance of public prosecution. The research methodology includes dialectical, logical, formal-legal, and hermeneutical methods. The legal framework for this research is comprised of the Constitution of the Russian Federation, criminal procedure legislation, as well as local normative acts regulating the questions of participation of prosecutors in the judicial stages of criminal proceedings. Emphasis is made on the questions of theoretical and applied nature, related to consideration of criminal case materials by the prosecutor. The article explores the positions of scholars regarding prosecutor’s preparation for the legal proceedings, specificity of prosecutor's work at the stage of preparing for maintenance of state prosecution in court. The conclusion is formulated that the effectiveness of maintenance of prosecuting attorney depends on the level of his preparation to the legal proceedings, which includes examination of criminal case materials. The author highlights two key stages of preparation of the prosecutor to maintenance of public prosecution: examination and subsequent evaluation of criminal case materials; participation in the preliminary hearing and fundamental consideration of criminal case .The author believes that activity of the prosecutor is aimed at formation of inner conviction and maintenance of prosecution in court.

THE SUBJECT AND TASKS OF FORENSIC AUTOTECHNICAL EXAMINATION

2017 ◽  
Vol 17 ◽  
pp. 198-204
Author(s):  
A. V. Lubentsov
Keyword(s):  
Traffic Safety ◽  
Practical Aspect ◽  
Criminal Proceedings ◽  
Important Place ◽  
Forensic Examination ◽  
Special Knowledge ◽  
The Subject ◽  
Mutual Relations ◽  
Definition Of ◽  
The Given

Problems of appointing and conducting forensic examination and using their results in the process of criminal offences investigation occupy an important place in the criminal proceedings and expert activities. A separate category among all these problems is perfection of theoretical basis offorensic examination, namely the definition of a subject and tasks offorensic examination in general and its separate types in particular. One of these is the forensic autotechnical examination, as one of the main expertise scheduled when investigating crimes against traffic safety and transport operation. In the practical aspect in the subject of forensic examination we distinguish procedural and gnoseological sides. The procedural side ofa subject of forensic examination is expressed in a circle of circumstances, which are established by means of special knowledge and are the elements of proofs system. The gnoseological side of a subject of forensic examination is expressed in that the object of cognition at practical expert research are properties of expertise object, its sides and mutual relations which are defined during the given research. On the basis of scientific literature and normative-legal acts analysis the subject and tasks of forensic examination are investigated. A subject and tasks of forensic autotechnical expertise are defined. It’s noticed that in the practical aspect the subject of a forensic examination is considered in wide and narrow senses, as a kind (type) subject of autotechnical examination in general, and a subject of a concrete autotechnical examination in concrete criminal proceedings. It’s specified that depending on it the autotechnical examination tasks are divided on general and concrete. It’s proved that the subject and tasks of a concrete autotechnical examination may coincide on volume with the general or to be them yet however they should not be beyond the general.

scholarly journals Evaluation of forensic computer and technical expertise in criminal proceedings

2021 ◽  
Vol 10 (38) ◽  
pp. 204-211
Author(s):  
Mykhailo Klymchuk ◽  
Sergii Marko ◽  
Yevhen Priakhin ◽  
Bohdana Stetsyk ◽  
Andrii Khytra
Keyword(s):  
System Analysis ◽  
Evidence Base ◽  
Technical Expertise ◽  
Criminal Proceedings ◽  
Expert Report ◽  
Modeling And Forecasting ◽  
Special Knowledge ◽  
The Subject ◽  
Definition Of ◽  
Structural Methods

The purpose of the article is to clarify the place and role of the expert report based on the results of forensic computer and technical expertise as a source of evidence in criminal proceedings. The subject of the study: The subject of research is forensic computer and technical expertise as a source of evidence in criminal proceedings. Methodology: The method of system analysis, formal and logical, system and structural methods, the methods of modeling and forecasting were used in the course of the research were used in the course of the study. The results of the study: According to the results of the study, the authors conclude that forensic computer and technical expertise is the main procedural form of using special knowledge in the area of computer technology, and its results may be the most important part of the evidence base in the specific criminal proceedings. Practical consequences: It is concluded that the use of the expert report based on the results of forensic computer and technical expertise in criminal proceedings is its application by the subjects of evidence during the qualification of criminal offense to establish facts and circumstances relevant to criminal proceedings and subject to proof, as well as to resolve other tactical tasks. Value / originality: The authors’ definition of assessing expert report based on the results of forensic computer and technical expertise is offered.

scholarly journals Information aspect of investigative activities

2021 ◽  
pp. 27-36
Author(s):  
V. D. Korma
Keyword(s):  
Cognitive Activity ◽  
Clear Understanding ◽  
Criminal Proceedings ◽  
Search Activity ◽  
Significant Information ◽  
Theoretical Understanding ◽  
Methodological Problems ◽  
The Subject ◽  
Complex Relationships ◽  
Search Information

The detailed improvement of the proof process is related to the theoretical understanding of the complex relationships between the occurrence of information about crimes, the tactics of obtaining them, and the procedural nature of judicial evidence. In recent years, forensic information and its types have increasingly become the subject of research in the field of criminal procedure, criminology and operational investigative activities. Analysis of their content shows that there are General methodological problems in defining the concept and understanding the essence of forensic information, its types as a means of fighting crime. To date, there is no clear understanding of the concepts of “forensic information” or “criminally significant information”, “evidentiary information”, “investigative information”, “operational-search information”, “orientation information” in criminal proceedings, criminalistics and the theory of operational-search activity. The technological features of information processes that are the basis of cognitive activity aimed at solving crimes are not sufficiently covered. The diversity of approaches or their absence in the understanding of these categories negatively affects both research and practical activities to identify, solve and investigate crimes. In this perspective, the specified definition is considered comprehensively. 

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 BASIC MODEL OF SEPARATE METHODIC OF JUDICIAL PROCEEDINGS: TASKS, CONTENT, STRUCTURE

2021 ◽  
Vol 77 (4) ◽  
pp. 164-170
Author(s):  
Yuriy Myroshnychenko ◽  
Keyword(s):  
Main Task ◽  
Negative Consequences ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Proceedings ◽  
Basic Model ◽  
Judicial Investigation ◽  
Judicial Proceedings ◽  
Court Proceedings ◽  
Judicial Procedure

The article is devoted to the problem of building a basic model of methodic judicial procedure, which in its content should disclose the activities of the court at all stages of the judicial system, give recommendations on the choice of its directions, procedural actions, use of the most appropriate means of influencing specific court situations complexes of procedural actions and tactics of their carrying out at various stages of judicial proceedings. The basic model of judicial methodical criminalistics complex may have the following structure: a) characteristic of the proceedings of a certain type, including the purpose, objectives and directions of judicial investigation; b) typical court situations that correspond to a certain stage of court proceedings; c) typical systems (algorithms) of procedural actions and criminalistics means of influencing judicial situations in order to implement the tactical tasks stipulated by them. The main task of building a basic model methodic of judicial procedure is to study it from a criminalistics standpoint and develop on the basis of knowledge (identified patterns) practical recommendations for decisions and actions of the court in typical situations of the general judicial procedure. Among the tasks of creating a basic judicial methodic can also include: 1) substantiation of the system of judicial proceedings; 2) selection of typical court situations in relation to each of its stages with the disclosure of the main activities of the court to resolve them; 3) development of generalized tactics of procedural actions, characteristic for each stage of court proceedings; 4) identification of the main forms of counteraction to criminal proceedings and development of ways to minimize its negative consequences. Along with the presence of general patterns of legal proceedings, on which the basic model of judicial methodics is based, it is legitimate to assume the presence of a number of features inherent in certain types of legal proceedings and criminal cases classified according to other criteria. Tier сriminalistic support of requires the development of separate scientific-methodical complexes of a lesser degree of generalization.

Oddanie pisma w placówce operatora pocztowego – uwagi de lege lata i de lege ferenda

2018 ◽  
Vol 72 ◽  
pp. 415-429
Author(s):  
Ewa Wójcicka
Keyword(s):  
Public Administration ◽  
Place Of Residence ◽  
Criminal Proceedings ◽  
Time Limits ◽  
Postal Services ◽  
The Subject ◽  
Court Proceedings ◽  
Administrative Proceedings

The aim of this article is to discuss the problems of submitting process letters to courts and public administration bodies via a postal operator as well as to indicate essential problems caused by unjustified differentiation of standards concerning the compliance with time-limits when the subject has limited or excluded opportunity to lodge a pleading a letter in person. Only in criminal proceedings and proceedings in cases of offences the participants have full freedom to choose a postal operator and to benefit from the presumption of lodging of a submitting a letter in the date of sending. In administrative proceedings, administrative court proceedings and tax proceedings, to be sure that legal deadline will be met, one should submit a letter to a court or a public administration body via a postal operator providing universal postal services. The article drew attention to a lack of consistency and consequence of the legislator relating to the regulation of submitting letters depending on the nature of proceedings and place of residence.

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