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 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.

scholarly journals Regulation of advocacy profession: global trends

2021 ◽  
Vol 39 (69) ◽  
pp. 689-706
Author(s):  
Tetiana Vilchyk ◽  
Alla Sokolova ◽  
Tetiana Demchyna
Keyword(s):  
Self Regulation ◽  
Legal Profession ◽  
The United States ◽  
Legal Regulation ◽  
International Standards ◽  
Global Trends ◽  
Scientific Methods ◽  
General Scientific ◽  
Different Sources ◽  
Regulatory Models

The objective of the article is to analyze the regulation of the legal profession and its global trends. There are many different types of regulators globally, and many different sources and methods of regulation. There is no simple approach to setting goals for regulating the legal profession in different legal systems. Although self-regulation of the legal profession is considered the basis for adhering to the standard of its independence, at the same time, academics recognize the existence of the theory of the management of the legal profession. To study these problems, the authors conducted a comparative study of the regulatory models of the legal profession in the world in terms of compliance with international standards of legal independence in different legal jurisdictions and made some suggestions to improve the legal regulation of the legal profession in Ukraine. Empirical sources for scientific research were international documents, court decisions, national legislation of Great Britain, Canada, the United States, Ireland, Scotland, Australia and others, and the work of scientists. The article uses general scientific methods - dialectic, analysis, synthesis, analogy, etc., and special methods, particularly legal, historical, and formal comparative law.

scholarly journals Accounting for non-current assets in budgetary institutions: problems and solutions

Ekonomika APK ◽  
2020 ◽  
Vol 314 (12) ◽  
pp. 22-28
Author(s):  
Mykhailo Prodanchuk ◽  
Yuliia Bezdushna
Keyword(s):  
Information Technology ◽  
Internal Control ◽  
International Standards ◽  
Practical Significance ◽  
Accounting System ◽  
Basic Principles ◽  
Scientific Methods ◽  
Budgetary Institutions ◽  
Problems And Solutions ◽  
General Scientific

The purpose of the article is to identify problematic aspects of accounting for non-current assets and to suggest their solutions using information technology and documentation. Research methods. The methodological basis of the study is a systematic approach to the study of the processes of reflection of non-current assets in the accounting of budgetary institutions. The epistemological method is used to clarify and deepen the meaning of the concept of "non-current assets". Analysis, synthesis, induction, deduction, abstraction, idealization and generalization, as general scientific methods of cognition, are used to develop the basic principles of the theory, methodology and organization of accounting for non-current assets. Bibliographic and bibliometric types of analysis provided identification of trends in the theory and methodology of accounting, as well as problematic aspects of non-current assets. The method of formalization made it possible to make suggestions on how to solve the problematic aspects of accounting for non-current assets. Research results. Identifying of problematic aspects in the accounting for non-current assets of budgetary institutions allowed to offer options for their solution, which will deepen the informativeness of accounting and reporting data and ensure their accuracy, reliability and comparability. Improving the accounting aspects of the reflection of non-current assets will also help increase the effectiveness of internal control (including inventory), and thus their management in budgetary institutions. Scientific novelty. Theoretical and practical provisions for accounting for non-current assets of budgetary institutions are improved. Ways to improve the accounting and internal control of non-current assets for the needs of management in budgetary institutions are proposed. Practical significance. In order to bring the national accounting system in line with international standards and in accordance with the needs of management, it is proposed to improve the reflection in the accounting of non-current assets of budgetary institutions through the use of information technology and documentation. Refs.: 11.

Modern trends and prospects of the pro-rata regulation in the insurance market of Russia

2020 ◽  
Vol 26 (3) ◽  
pp. 673-684
Author(s):  
V.V. Barabanova
Keyword(s):  
Solvency Ii ◽  
International Standards ◽  
Capital Adequacy ◽  
Insurance Market ◽  
Financial Sustainability ◽  
National Interests ◽  
Scientific Methods ◽  
Risk Quantification ◽  
Local Practices ◽  
General Scientific

Subject. The article discusses the possibility of the pro-rata regulation in the Russian insurance market. Objectives. The study is to evaluate whether the insurance market is prepared for recently approved capital adequacy requirements and how they influence the general financial sustainability. Based on the information and the international use of the risk-based approach, including Solvency II, I assess whether the pro-rata regulation is feasible as a means of corporate financial sustainability, preserving the diversification of requirements by size, specialization and risks taken. Methods. Research employs general scientific methods of the systems and comparative analyses, synthesis, analogy, comparison and classification. I apply tools of the economic and statistical analysis, including the correlation analysis. Conclusions and Relevance. The insurance market was found to considerably meet the capital adequacy requirements. However, considering a growing market concentration, the sector needs to remain competitive, protecting regional companies demonstrating the financial sustainability and healthy microeconomics. Comparing local practices with the best global ones, I believe it is possible and necessary to integrate the pro-rata rule and outline new requirements to risk quantification and assessment, which will underlie the assessment of capital adequacy. The findings can be admitted and adapted by the Central Bank of Russia to introduce the risk-based approach as effectively as possible with reference to international standards and national interests of the insurance market.

scholarly journals ABOUT INTERNATIONAL COOPERATION IN THE FIELD OF FORENSIC SCIENCE

2018 ◽  
Vol 18 ◽  
pp. 154-162
Author(s):  
О. М. Kliuiev
Keyword(s):  
International Law ◽  
Forensic Science ◽  
International Cooperation ◽  
International Standards ◽  
International Level ◽  
Mutual Cooperation ◽  
Strict Adherence ◽  
Relevant Today ◽  
Sovereign Equality ◽  
Forensic Expert

This article outlines general trends of international cooperation development in the field of forensic expert activity and positive experience for use in the practice of Ukrainian forensic science institutes activity. Also the main principles for international cooperation are universal and fixed in the Charter of the United Nations Organization and in the Declaration on the Principles of International Law, namely: principle of need for mutual cooperation between states, principle of sovereign equality of states; principle of faithful fulfillment of obligations according to requirements of international law; principle of respect of human rights and common freedoms are considered. Main attention is paid to the fact that results of the analysis of the state and dynamics of international cooperation in the field of forensic science demonstrate that currently main trends in various field have been formed, namely: organization of international forensic expert cooperation; scientific, methodological and technical support of forensic expert activity and provided them with a description. Author emphasis paid special attention to fact that the requirement for recognizing results of research at the international level is becoming relevant today. Consequently, any laboratory should meet requirements of international standards for the international recognition of the results of measuring activities. According to requirements of network of forensic institutes all laboratories of the European Community should be accredited according to international standard МСО 17025 (МСО 9001). Further strict adherence to this provision will allow the effective realization of cooperation elements while performing comprehensive many object examinations, increasing dynamics of methodological development through the differentiation of research results, organizing a wide exchange of information (in particular, information and reference arrays of samples) on a single methodological basis.Author concluded that introduction of international standards in activity of Ukrainian forensic science institutes is an urgent issue and the key to the recognition of Ukrainian forensic expert conclusions at the international level.

scholarly journals Formation and Development of Forensic Science in the Republic of Kazakhstan

2020 ◽  
Vol 15 (1) ◽  
pp. 126-132
Author(s):  
S. Abdolla
Keyword(s):  
Forensic Science ◽  
Detailed Examination ◽  
Forensic Expertise ◽  
Significant Events ◽  
Forensic Examination ◽  
Forensic Expert ◽  
The Republic

The article gives a detailed examination of the formation and development of forensic expertise in the Republic of Kazakhstan; it also establishes its periodization basing on the most significant events. The author lists the main scientists and practitioners of the Kazakh SSR and independent Kazakhstan, who contributed to the formation of the Kazakhstan forensic examination. An analysis of changes in the contemporary legislation governing the forensic expert activity of independent Kazakhstan is also provided.  

scholarly journals Current state of practical applying criminal punishment in the form of imprisonment for a certain period in relation to juveniles

2021 ◽  
Vol 229 (6) ◽  
pp. 32-44
Author(s):  
EVGENIYA N. FEDOTOVA ◽  
Keyword(s):  
International Standards ◽  
Criminal Punishment ◽  
Scientific Methods ◽  
Existing Problems ◽  
Current State ◽  
The Supreme Court ◽  
Critical Problems ◽  
General Scientific ◽  
The Subject ◽  
Structural Methods

The article analyzes the criminal punishment in the form of imprisonment for a certain period in terms of its application to juveniles. The article considers the criminal, penal and criminological aspects, as well as the correlation of the procedure for applying the specified criminal punishment with the provisions of international standards in the administration of juvenile justice. The subject of the article is the statistical reporting of the Judicial Department at the Supreme Court of the Russian Federation, the Federal Penitentiary Service of Russia, the Ministry of Internal Affairs of Russia, Russian legislation, provisions of international regulatory legal acts, scientific literature on the stated topic. The purpose of the study is to comprehensively analyze punishment in the form of imprisonment for a certain period of time as a type of punishment applied to juveniles, to identify problems in the practice of its appointment and execution in relation to the designated category of persons, as well as to find possible ways of eliminating such problems. The methodological basis of the research was made up of statistical, comparative legal, systemic and structural methods, analysis, synthesis, induction and other general scientific methods. The author has investigated the essence and content of imprisonment, the procedure for its appointment to juveniles, analyzed the data of judicial statistics. On the basis of statistical data of the Federal Penitentiary Service of Russia, the practice of organizing the execution of sentences in the form of imprisonment in relation to underage persons has been studied. A criminological personality study of a juvenile convicted to this type of criminal punishment, held in an educational colony, has been carried out. The main tendencies and peculiarities of appointing imprisonment for juveniles and the practice of its implementation are revealed, the effectiveness of this type of punishment for juveniles is assessed, the existing problems are formulated, and the author's ways of eliminating them are proposed. In conclusion, the author states that, in general, the practice of applying imprisonment to juveniles does not have critical problems and complies with the requirements of international normative legal acts. The main problem is the weak organization of post-penitentiary monitoring of minors who have served their imprisonment sentence. Key words: juvenile, imprisonment, educational colony, juvenile delinquent, juvenile delinquency, re-socialization.

scholarly journals Psychological Rehabilitation During a Coronavirus pandemic. Legal Aspects

2021 ◽  
Vol 64 (3) ◽  
pp. 238-241
Author(s):  
Olena O. Terzi ◽  
Igor Z. Gladchuk ◽  
Igor V. Shpak
Keyword(s):  
Medical Training ◽  
Legal Regulation ◽  
Legal Aspects ◽  
International Standards ◽  
Scientific Methods ◽  
Legal Method ◽  
Special Scientific ◽  
General Scientific ◽  
Psychological Assistance ◽  
Practical Recommendations

Aim: To analyse the legal regulation of the provision of psychological assistance during the coronavirus pandemic. materials and methods: The research methods were chosen with the aim of the study in mind. In order to establish objectivity and validity of scientific provisions, conclusions, during the research, a set of general scientific and special scientific methods was used, in particular such as: (1) the formal legal method was used to analyse the legal and ethical foundations for providing psychological assistance during the coronavirus pandemic; (2) using the comparative legal method, the approaches of national legislation and international standards to the provision of psychological assistance during the COVID-19 pandemic were clarified; (3) the forecasting and modeling method was used to develop practical recommendations regarding the importance of analyzing the legal regulation of the provision of psychological assistance during the coronavirus pandemic and others in the future; (4) the method of systems analysis made it possible to study the legal regulation of the provision of psychological assistance during the coronavirus pandemic; (5) the historical and legal method made it possible to identify the features of the evolution of legal regulation of the provision of psychological assistance during pandemics. Conclusions: The COVID-19 pandemic has exacerbated existing health deficiencies, including a shortage of psychologists. States should initiate medical training programs, including for psychologists and psychotherapists. It should be noted that psychological assistance during a coronavirus pandemic should be based on the following principles: accessibility; continuity; focus; interdisciplinary; educational nature of interventions.

scholarly journals Russian experience of using digital technologies and legal risks of AI

2020 ◽  
Vol 224 ◽  
pp. 03005
Author(s):  
Elena Trikoz ◽  
Elena Gulyaeva ◽  
Konstantin Belyaev
Keyword(s):  
Personal Data ◽  
Digital Technologies ◽  
Legal Regulation ◽  
International Standards ◽  
Practical Implementation ◽  
Scientific Methods ◽  
Legal Provisions ◽  
Legal Risks ◽  
Analysis And Synthesis ◽  
General Scientific

The aim of the present article is to analyze the Russian experience of using digital technologies in law and legal risks of artificial intelligence (AI). The result of the present research is the author’s conclusion on the necessity of the practical implementation of legal provisions in this area, and their judicial enforcement in federal subjects with the aim of compliance with international standards of human rights. The authors concluded that in the Russian Federation, there is no normative and technical regulation of the process of destruction of personal data, which creates serious problems for operators. The research methodology based on general scientific and private scientific methods of cognition (the dialectical method, methods of analysis and synthesis, deduction and induction, comparative legal and historical legal methods). Moreover, the range of legislative and law enforcement problems in the field of using AI technology is very extensive. For this reason, the authors of the article used the methodology for collecting data on legislative acts and legal regulation in the field under research. A number of federal and regional legal acts were analyzed using systemic-structural and formal-dogmatic methods, including the research of their practical orientation and effectiveness for modern challenges.

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.

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