scholarly journals Procedural features of the interaction between the forensic expert and the investigator at the scene related to the use of firearms

Legal Ukraine ◽  
2020 ◽  
pp. 20-25
Author(s):  
Keyword(s):  
Poor Quality ◽  
Public Security ◽  
Forensic Examination ◽  
Criminal Offenses ◽  
Legislative Framework ◽  
The Subject ◽  
Forensic Expert ◽  
Conducting Research ◽  
High Level

The article examines the features of the interaction of a forensic expert and an investigator at the scene of an incident involving the use of firearms, and the determination of the expert’s error when performing his functions in the investigation of criminal offenses related to the use of firearms. The specified list of criminal offenses, the subject of which is firearms, and also analyzed the statistics on the number of registered crimes under the selected article and the percentage of these crimes to crimes against public security committed in the same year. The legislative framework governing the activities of a forensic expert has been checked. The definitions of the concept of “forensic examination” are also given, the essence of interaction between the investigator and the forensic expert is characterized and their forms are indicated. The issues of the features of conducting research with firearms by a forensic expert have been studied. It was proposed to improve the skills of forensic experts to eliminate the poor-quality conclusions of the expert and further facilitate the rapid conduct of the pre-trial investigation at a high level. It was noted about the expediency of interaction between the investigator and the forensic expert by the beginning of the appointment of a forensic examination by prior agreement of questions, the answers to which the investigator wants to see in the expert’s conclusion. It is also recommended to transfer the authority to collect materials and objects that will be subject to expert research to the forensic expert who will conduct the research, and not to the investigator or specialist. Key words: forensic expert, investigator, firearms, procedural features.

scholarly journals SUBJECT OF JUDICIAL EXPERTISE IN THE INVESTIGATION OF OFFICIAL CRIMES

Issues of Law ◽  
2020 ◽  
Vol 20 (2) ◽  
pp. 118-122
Author(s):  
A. V. Matyushkina ◽  
◽  
L. F. Ayzyatova ◽  
Keyword(s):  
Expert Knowledge ◽  
Forensic Research ◽  
Correct Determination ◽  
The Subject ◽  
Forensic Expert ◽  
Forensic Investigations ◽  
Judicial Expertise

The article raises the problem of the correct determination of the subject of forensic research in the investigation of official crimes and its differentiation between related branches of expert knowledge, the authors note a significant number of forensic errors that arise in preparation for the production of forensic examinations: the formulation of incorrect questions to a forensic expert. The solution of the problem associated with incorrect posing of questions to a forensic expert is given. A pattern is revealed between the method of committing a crime and the determination of the subject of forensic investigations in the investigation of official crimes

scholarly journals INTEGRATION PROCESSES IN FORENSIC EXAMINATION: ESSENCE AND PROBLEM ISSUES OF COMPREHENSIVE RESEARCHES

2016 ◽  
Vol 16 ◽  
pp. 162-173
Author(s):  
E. B. Simakova-Yefremian
Keyword(s):  
Technological Progress ◽  
Knowledge Integration ◽  
Modern Science ◽  
Scientific Publications ◽  
Legal Proceedings ◽  
Forensic Examination ◽  
The Subject ◽  
Forensic Expert ◽  
Use Of Knowledge ◽  
Comprehensive Studies

Modern science considers the complexity of researches as one of the regularities of the process of cognition. Forensic examination, which is aimed at the use of knowledge accumulated in various fields of science with the purpose of resolving problems of legal proceedings, in the process of scientific and technological progress, is constantly subjected to the influence integration processes taking place in these areas. Scientific publications indicate that the integration of knowledge in forensic examination is an obligate process of its development, one of the main levers of influence on the formation of the foundations of comprehensive forensic expert studies; and now it is gaining more and more in depth and spread. Studying the forms of complexation in forensic examination, it is necessary to start from the analysis of the subject, tasks, objects, parties and techniques of comprehensive studies, since integration processes are realized in the development of forensic examination on the subject of knowledge integration, tasks of forensic, objects, subjects of knowledge integration and methods.

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.

scholarly journals THE ISSUE ON DETERMINATION OF TYPOLOGICAL FEATURES OF PEOPLE, COMMITTING CRIMINAL OFFENSES RELATED TO THE FORGERY OF EXCISABLE GOODS, AS AN ELEMENT OF THE CRIMINALISTIC CHARACTERISTICS

2019 ◽  
Vol 7 (1) ◽  
pp. 315-327
Author(s):  
Ayupova Zauresh ◽  
Begaliyev Yernar ◽  
Uspanov Zholdybay
Keyword(s):  
Social Sciences ◽  
Theoretical Interpretation ◽  
Criminal Cases ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
The Subject ◽  
Product Recommendations ◽  
Characteristic Features

In the article «The issue on determination of typological features of people, committing criminal offenses related to the forgery of excisable goods, as an element of the criminalistic characteristics» prepared by doctoral student Ayupova Z.N.; Professor of the Department of Special Legal Disciplines, Doctor of juridical Science Begaliev E.N; Dean of the Faculty of Social Sciences and Law, candidate of juridical Sciences, Professor UspanovZh.T. The main purpose of this article is to identify the most characteristic features of an intruder's personality and to formulate recommendations aimed at improving the process of investigating criminal offenses related to falsification of excise goods. The article deals with the issue of theoretical interpretation of the concept of "criminalistic characterization of crimes" and "typology of personality" as its element. The analysis of the reference paper is given regarding the study of the typology of persons committing criminal offenses; as well as the problems that arise in determining the subject of the crime and the ways to solve them. The types of persons committing criminal offenses connected with forgery of excisable products as exogenous and endogenous types of intruders are investigated; classified by the object of encroachment, the nature of criminal acts, the degree of public danger. The concepts of socially-adoptive, socially-disadaptive type of personality of persons who commit this category of a criminal offense are disclosed. The structure of the personality of the intruder who deals in the falsification of excisable goods has been compiled and examined through socio-demographic, criminally-legal, socially significant physiological features and moral properties. The analysis of methods for establishing a suspect person is given, the main types of malefactors and their functions are identified in the production of a surrogate excise product. Recommendations for persons conducting investigations into criminal cases related to forgery of excise goods are developed.

scholarly journals Currency circulation and its organization in the Russian Federation as a public need and interest

2021 ◽  
pp. 47-55
Author(s):  
Oleg Mikhailovich Krylov
Keyword(s):  
Public Interest ◽  
Public Life ◽  
Public Interests ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Legislative Framework ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the categories of “public need” and “public interest”. The object is the currency circulation and its organization. The author examines the elements of currency circulation, which represent independent public needs with corresponding public interests in its organization. Special attention is given to interrelation between the public needs in currency circulation and public interests, which serves as the legislative framework for currency circulation and observance of the balance of public and private interests in organization of currency circulation. The conclusion is drawn on the representatives of public interest in currency circulation and interdependence of public needs in currency circulation on the corresponding public interests in its organization. The author also formulates a number of interesting conclusions on interrelation between public needs in currency circulation, public interests and needs in other spheres of public life and organization of currency circulation, which serve as the legislative framework for currency circulation and observance of balance of public and private interests in organization of currency circulation. The novelty of this research consists in determination of the content of public interest in currency circulation, as well as in establishment of correlation with public interests and needs in other spheres of public life.

scholarly journals TO THE QUESTION OF ACCESSORIES OF JUDICIAL EXAMINATION TO INVESTIGATIVE ACTIONS

2019 ◽  
pp. 58-68
Author(s):  
I. Pyrih
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Procedural Law ◽  
Forensic Examination ◽  
Preparatory Stage ◽  
The Subject ◽  
Characteristic Features ◽  
Definition Of ◽  
Selection Of

The article deals with problematic issues related to the norms of criminal procedure legislation, considering the involvement of an expert as an investigative action. Among criminal scientists and proceduralists there is no consensus on the procedural definition of forensic examination. Most of them include forensics to investigative actions. By the definition of a forensic examination, it is clear that an integral feature of a procedural action is to conduct it exclusively by officials of state bodies authorized by law to conduct criminal proceedings. These include: employees of the operational units, an investigator, a prosecutor, a judge. The subject of the examination is an expert – a person not authorized by law to conduct investigative actions. That is why, in our opinion, it is impossible to refer an examination to investigative actions. Proponents of referring a forensic examination to investigative actions most often mean it as «the appointment and conduct of a forensic examination». It is argued that actions regarding the appointment and conduct of the examination are different in nature and subjects of conduct. If we consider the stage of appointment of the examination, and for the current Criminal Procedure Code of Ukraine – the involvement of an expert, then its subject is the investigator. The subject of the examination is an expert. Considering the characteristic features of the investigative action, it can be concluded that the stage of appointment of the examination or the involvement of an expert, which scientists consider as preparatory to the examination, has all the signs inherent in an independent investigative action. It is governed by the rules of procedural law, carried out in the framework of criminal proceedings, authorized by the person. When an expert is involved, the investigator conducts certain actions, the result of which is reflected in the ruling of the investigating judge. The purpose of the examination is to obtain, research and verify evidence. Considering the involvement of an expert as a separate investigative action, we define its content, divided into generally accepted stages: preparatory, working and final. To the preparatory stage, we include such actions: the decision to conduct an examination; selection of an expert institution or a private expert; determination of the type of examination and subject of study; determining the order of appointment of examinations in relation to the same objects; timing of appointment examination. The following should be attributed to the working stage: selection of objects for examination; receipt of the decision of the investigating judge for the examination. The final stage consists of the following stages: determining the circle of persons who may be present during the examination; referrals and necessary materials to the expert institution. Key words: investigative (search) action, forensic examination, appointment of expertise, involvement of an expert.

scholarly journals Patient’s anxiety at the different stages of genesis of myocardial infarction

2020 ◽  
pp. 75-86
Author(s):  
Ruslan Vasitovich Kadyrov ◽  
Anastasiya Sergeevna Elzesser ◽  
Natal'ya Sergeevna Bartkovskaya
Keyword(s):  
Myocardial Infarction ◽  
Hospital Treatment ◽  
Course Of Disease ◽  
Situational Anxiety ◽  
Personal Anxiety ◽  
The Subject ◽  
Observational Group ◽  
High Level

The subject of this research is the anxiety of patients at different stages of genesis of myocardial infarction (MI). It is a proven fact that the high level of anxiety leads to reoccurrence and unfavorable course of disease both, in combination with other factors or regardless of them. However, the influence of separate aspects of anxiety into reoccurrence of MI remains insufficiently studied, which actualizes determination of the components of anxiety at different staged of emergence of this disease. The article presents a comparative analysis and description of the level of manifestation of various components of anxiety among the following empirical groups: 33 persons without myocardial infarction in past medical history, but in the group of risk by its genesis; 29 patients undergoing 2 to 5 days of hospital treatment for recovering after MI; 27 patients that have already received post-hospital therapy after MI. The observational group included 30 technically healthy persons. The following conclusions are formulated: 1) Anxiety components, such as asthenic, phobic, emotional discomfort are vivid among the patients who have survived MI, as well as persons in the risk group. However, an additional longitude research is required for proving the influence of anxiety into the genesis of myocardial infarction. 2) The currently conducted rehabilitation of MI patients reduces the overall level of situational anxiety, practically avoiding such its components that in the future can prompt recurrence of MI. 3) High level of anxiety is characteristic to all IM patients. The recommended programs for prevention and rehabilitation should be focused on long-term reduction of the level of personal anxiety, such as cognitive-behavioral psychotherapy.

scholarly journals ON THE INTRODUCTION OF A NEW KIND OF A FORENSIC EXAMINATION - «WAR»

2016 ◽  
Vol 15 ◽  
pp. 208-219
Author(s):  
V. T. Chuprun
Keyword(s):  
War Crimes ◽  
Operational Planning ◽  
Art Of War ◽  
Forensic Examination ◽  
New Type ◽  
The Subject ◽  
Forensic Expert ◽  
And Training ◽  
Different Levels

The article determines the relevance of introducing a new type of a forensic examination - a «war» examination. It argues the necessity of its theoretical and methodological support. The article offers the subject and object of a forensic war examination and determines the array of its objects. It defines the notion of «tactics» and provides a classification of military actions as well as illustrates its interrelation with an operational planning skills and strategizing. By describing the components and the subject of the research in the field of war science, namely «the art of war», the author demonstrates the presence of particular features peculiar to military actions of different levels. This allows conducting a specific and targeted research by every component into the episodes of organized use of weapons and equipment at the tactical, operational and strategic levels. Based on these findings, the article suggests a tentative classification of forensic examinations - «war» and its subtypes with outlying the specific features of problems connected with war crimes. It also provides requirements to the qualifications and training of a forensic expert under this new specialization.

scholarly journals The study of correlation between socionic type and coefficients of empathy and systematization

2020 ◽  
pp. 118-130
Author(s):  
Roman Konstantinovich Kovalenko ◽  
Nataliya Aleksandrovna Zvonareva
Keyword(s):  
Statistical Comparison ◽  
The People ◽  
Scientific Substantiation ◽  
The Subject ◽  
High Level

The subject of this research is the validity of scales used in socionics. The authors view socionics as a typological concept that describes predisposition of an individual to learning within the framework of one of another type of information using the method of modeling. Special attention is paid to the relevance of examination of the concept of socionics, its scientific substantiation from the perspective of differential psychology. The article explores one of the socionic characteristics – “logics / ethics” and its interrelation with the coefficients of empathy EQ and systematization SQ. In the course of this research, the authors applied the methodology of determination of socionics type, EQ and SQ coefficient tests, as well as statistical comparison of two groups. The scientific novelty consists in the fact that the authors are first to acquire results confirming the hypothesis on correlation between socionic characteristics “logics / ethics” and coefficients of empathy EQ and systematization SQ. According to socionics, the people of “ethic” type are more predisposed to high level of empathy and low scores on the scale of systematization; while the people with “logic” type are predisposed to high level of systematization with low values of empathy coefficient.

scholarly journals SUBJECTS OF SCIENTIFIC AND METHODOLOGICAL SUPPORT OF EXPERTISE IN THE SPHERE OF INTELLECTUAL PROPERTY

2021 ◽  
Author(s):  
R. Kirin
Keyword(s):  
Intellectual Property ◽  
Scientific Publications ◽  
Forensic Examination ◽  
Domestic Legislation ◽  
Organizational Relations ◽  
Forensic Institutions ◽  
The Subject ◽  
Forensic Expert ◽  
State Registration ◽  
Relationship Of

The article is devoted to the definition, based on the analysis of scientific publications and the prescriptions of domestic legislation, the subject composition of forensic relations and relations in the field of intellectual property, which directly or indirectly participate in the regulation, management, development, use and improvement of scientific and methodological support of forensic expert activities in the field of intellectual property. It has been established that at the legislative level the following are identified: – subjects of organizational relations of departmental scientific and methodological support of forensic expert activity; – subjects of coordination and publishing relations of interdepartmental development of forensic examination; – subjects of the relationship of attestation and state registration of methods of conducting forensic examinations. It is proposed to distinguish between the following types of object-subject warehouses: 1) objects that need support (forensic expertise, forensic examination, expert proceedings); 2) objects that meet the needs of the corresponding level of action (scientific and methodological benefits); 3) entities in need of support (forensic institutions, forensic experts) 4) entities that provide for the needs (ministries, advisory bodies, forensic experts). It has been suggested that the subject requiring collateral can be simultaneously the subject performing this collateral. The expediency is argued and the differentiation of subjects of scientific and methodological support of forensic expert activity in the field of intellectual property on the following integration levels is proposed: – national (regulatory, managerial, judicial); – sectoral; – production (state, private); – territorial; – public (permanent, temporary) – self-regulating; – direct (personal, collective, employee, manager) – functional (organizational, managerial, controlling, security, executive, reporting).

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