MODERN PROBLEMS OF LEGAL AND ORGANIZATIONAL SUPPORT OF FORENSIC EXPERT ACTIVITY

2021 ◽  
pp. 18-21
Author(s):  
Т.В. Сезонова ◽  
Е.Д. Андреева
Keyword(s):  
Organizational Support ◽  
Professional Training ◽  
Present Stage ◽  
Criminal Proceedings ◽  
Forensic Expertise ◽  
Forensic Institutions ◽  
Forensic Expert

Статья посвящена актуальным вопросам, связанным с осуществлением судебно-экспертной деятельности на современном этапе. Обозначены проблемы правового и организационного характера, среди которых обеспеченность судебно-экспертных учреждений современными технико-криминалистическими средствами, профессиональная подготовка экспертов. Указывается на необходимость внесения изменений в нормативно-правовые акты, регулирующие судебно-экспертную деятельность, с целью повышения эффективности судебной экспертизы в уголовном процессе. The article is devoted to topical issues related to the implementation of forensic expertise at the present stage. The problems of legal and organizational nature are identified, including the provision of forensic institutions with modern technical and forensic means, professional training of experts. It is pointed out that it is necessary to make changes to the normative legal acts regulating forensic expert activity in order to increase the effectiveness of forensic expertise in criminal proceedings.

scholarly journals LEGAL STATUS OF A FORENSIC EXPERT: TOPICAL REGULATORY ACTIVITY PROBLEMS

2020 ◽  
pp. 82-89
Author(s):  
S. Nesterenko ◽  
O. Stulov
Keyword(s):  
Legal Status ◽  
Criminal Proceedings ◽  
Scientific Publications ◽  
Legal Personality ◽  
Forensic Expertise ◽  
European Court ◽  
The Status ◽  
International Obligations ◽  
Forensic Expert ◽  
The Law

The article deals with the analysis of dissertation thesis and scientific publications in domestic and foreign editions, the concepts of “legal personality”, “legal status of a forensic expert”, “procedural status of a forensic expert”, their general and distinctive features. The authors propose to improve these concepts as well as the legislative consolidation of the status of a forensic expert in the new version of the Law of Ukraine “On Forensic Expertise”. The authors draw attention to the imperfection of regulation of the legal status of a forensic expert in the Law of Ukraine “On Forensic Expertise”, as well as to the unreasonable extension of the powers of a forensic expert by a subordinate normative legal act – the Instructions on the appointment and conduct of forensic examinations and expert studies, approved by order of the Ministry of Justice of Ukraine as of August 10, 1998 No. 53/5 (as amended by the order of the Ministry of Justice of December 26, 2012 No. 1950/5). As a result of the conducted research, the authors come to the conclusion that the issues of the status of a forensic expert need to be updated, as a participant in criminal proceedings, as well as draw attention to the lack of harmonization of domestic legislation in the field of forensic examination and procedural legislation. There is a need to adopt a new version of the Law of Ukraine “On Forensic Expertise”, considering all international obligations of Ukraine and the practice of the European Court of Human Rights.

scholarly journals The features of the ensure the security of people involved in criminal proceedings in Ukraine

2020 ◽  
pp. 68-72
Author(s):  
O.I. Romtsiv
Keyword(s):  
Law Enforcement ◽  
Organizational Support ◽  
Professional Training ◽  
Law Enforcement Officers ◽  
Legal Regulation ◽  
Security Measures ◽  
Criminal Proceedings ◽  
Security Assurance ◽  
Current State ◽  
Legal Mechanism

The article analyzes institute of the security assurance for people involved in criminal proceedings. It is established that despite the significant contribution made to solve important issues of this institute, the legal regulation of the process of security assurance for participants in criminal proceedings, as well as the mechanism of such assurance practically need immediate improvement, modernization, and further comprehensive research. Based on the analysis of the current state of security of participants in criminal proceedings, the reasons that affect the efficiency of such activities and measures to eliminate them, namely: financing of programs to ensure the security for people involved in criminal proceedings (creating a separate state fund through financial penalties for damages caused by crimes and funds that criminals make on bail); organizational support (establishment of appropriate terms of security measures, professional training of law enforcement officers who carry out security measures); establishing proper interaction between entities that protect such persons, etc. By analyzing these problems, we can conclude that they mainly lie in three major areas: legal, economic and organizational. The drawbacks in the legal mechanism for security ensuring for people involved in criminal proceedings in Ukraine are highlighted; the necessity and ways of improvement of the legislation in this area taking into account the world standards are substantiated. In this regard, we propose to at least supplement the CPC of Ukraine with a separate Chapter 10-1, setting it out as follows: “Application of procedural and special measures for the security of people involved in criminal proceedings”. It is also proposed that to ensure the security of people involved in criminal proceedings, it is necessary to create a special structural unit in the law enforcement system of Ukraine.

scholarly journals Features of the psychological training of forensic experts as a component of the adaptation process to working conditions

2021 ◽  
Vol 23 (1) ◽  
pp. 110-122
Author(s):  
О. Kurdes
Keyword(s):  
Working Conditions ◽  
Professional Training ◽  
Research Work ◽  
General System ◽  
Adaptation Process ◽  
Work Plan ◽  
Psychological Training ◽  
Forensic Institutions ◽  
Forensic Expert ◽  
Proper Performance

The article purpose is to substantiate the need to include psychological training in the general system of professional training of forensic experts as a component of the adaptation process to working conditions and proper performance by forensic experts of their official duties, the development ofregulatory support for this training, as well as ways of its implementation in work with the staff of state forensic expert institutions. It has been proved that the current regulatory framework for the professional training of forensic experts in the system of the Ministry of Justice of Ukraine needs further improvement. We consider it necessary to develop a separate regulatory act on the organization of professional training of forensic experts of state forensic institutions of the Ministry of Justice of Ukraine, and we propose to add to the research work plan of the Ministry of Justice of Ukraine the development of such guidelines as a separate topic of the research work (RW). Attention is focused on the need for psychological training as a priority area of work on the professional training of forensic experts.

scholarly journals INTERNAL AUDIT IN UKRAINE: EVOLUTION, PROBLEM ASPECTS AND DEVELOPMENT PROSPECTS

2021 ◽  
Author(s):  
Ievgeniia Gavrylychenko ◽  
Olena Andrenko
Keyword(s):  
Organizational Support ◽  
Professional Training ◽  
Internal Audit ◽  
Legal Framework ◽  
Regulatory Requirements ◽  
Global Trends ◽  
Internal Auditors ◽  
Current State ◽  
Audit Regulation ◽  
History Of

The purpose of the article is to summarize the views on the current state of internal audit in Ukraine and identify general promising areas for its development. The evolution, current state and prospects of internal audit development in Ukraine are revealed. The history of internal audit is covered, the stages of development of internal audit in the world and in Ukraine are considered. It is determined that the development of internal audit in Ukraine takes place with the adoption of relevant legislation governing its implementation in a particular area. The current state of internal audit in Ukraine is characterized, the current legal framework for internal audit is analyzed. The level of legislative regulation of internal audit of enterprises of various spheres of activity is revealed. It was found that the establishment of an internal audit function at the legislative level is not mandatory for the private sector, while such companies have all the necessary legal framework that can be used in the process of implementing and conducting internal audit. Views on modern problematic aspects of internal audit development in Ukraine are generalized. It is determined that the most acute issues hindering the implementation of internal audit in enterprises are the lack of methodological and organizational support for internal audit, the low level of development of corporate governance culture, as well as the lack of qualified internal auditors. The actual directions of further improvement of the process of introduction of internal audit in the practice of domestic enterprises are formulated. The necessity of further improvement of normative-legal provision of internal audit regulation, development of methodical recommendations on organizational-technological schemes and procedures of internal audit and improvement of the system of professional training of specialists in internal audit is substantiated. It is concluded that the development of internal audit in Ukraine at the present stage is due to the need to understand internal audit as a potential tool to improve the efficiency of the enterprise, as well as the existing regulatory requirements. Prospects for the development of internal audit in Ukraine must have all the prerequisites to meet modern global trends.

scholarly journals ORGANIZATIONAL SUPPORT FOR THE PROFESSIONAL TRAINING OF BARCHELORS IN AGRICULTURAL ENGINEERING IN THE INFORMATIONAL AND EDUCATIONAL ENVIRONMENT

2020 ◽  
Vol 1 (37) ◽  
pp. 137
Author(s):  
N. Dotsenko
Keyword(s):  
Higher Education ◽  
Organizational Support ◽  
Professional Training ◽  
Educational Environment ◽  
Educational Process ◽  
Self Control ◽  
Agricultural Engineering ◽  
Education Environment ◽  
Independent Work

The article presents the organizational support for the professional training of bachelors in agricultural engineering in the conditions of information and educational environment: regulatory support for filling the information and education environment and preventing plagiarism, regulatory support for conducting online and offline classes, and regulatory support for independent work, self-control, and monitoring. Regulatory provision for filling the educational environment and preventing plagiarism includes provisions for the Cloud 365 information and education environment and provisions for the prevention of academic plagiarism while learning in the educational environment. Regulatory support for online and offline training includes online training and interactive computer training to provide a competent approach to the training of higher education applicants. Regulatory support for independent work, self-control and monitoring includes provisions on monitoring the quality of the educational process, provisions on the quality of the educational and provisions on the organization of independent work of higher education students in the context of information and education. educational environment.Key words: organizational support, vocational training, bachelors in agricultural engineering, information and educational environment.

scholarly journals USE OF LINGUISTIC KNOWLEDGE IN FORENSIC EXPERTISE. COMPARATIVE ANALYSIS

2019 ◽  
pp. 435-441
Author(s):  
A. Svankulov
Keyword(s):  
Comparative Analysis ◽  
Semantic Content ◽  
Psychological Research ◽  
Individual Characteristics ◽  
Linguistic Knowledge ◽  
Forensic Expertise ◽  
State Register ◽  
Linguistic Research ◽  
Forensic Expert ◽  
The Republic

The article describes the use of linguistic and psychological knowledge in the forensic expert activity of the Republic of Kazakhstan as an independent form of complex psychological and philological research where experts who obtained knowledge in the field of psychology and philology take part. During the implementation of this type of research, research methods have been developed that are included in the State Register of Methods of Forensic Research of the Republic of Kazakhstan. In addition, the article states that further development of this area in forensic expert activities will contribute to the formation of a new type of research – Forensic Religious Expertise. The direct application of linguistic knowledge in conducting forensic expertises is subdivided into five areas, such as: expert examination of real works on charges of extremist activity, as well as on charges of violating racial, religious, national and social hate and hostility, linguistic examination of advertising texts and treaties, linguistic expert examination of trademarks, verbal study of crimes related to the propaganda of extremism and terrorism, in the investigation of corruption crimes, fraud, extortion. The article also shows the connection of the linguistic expertise with other types, for example, with a judicial video phonography examination, in case of the need for identification of the speaker by verbal speech on the phonogram under study, during the author’s examination for the authorship of the text, in the psychological and forensic expertise – for the solution of question of the learned speeches of the suspect, other persons during the interrogation, other investigative actions. The author presents the results of a comparative analysis of the use of linguistic knowledge abroad, in particular, in the UK. Its peculiarity is that linguistic research is carried out at scientific educational centers of the humanitarian orientation. The following directions in linguistic studies conducted in this country are considered: a) forensic authore-identification, the essence of which is the determining the authorship of oral or written text, individual characteristics of the author (age, way of life, religious and political views, nationality, gender, profession, etc., b) forensic phonetics which involves the use of phonetics and phonology – sections of linguistics, c) forensic stylistics aimed at solving issues related to the plagiarism of the semantic content of the texts, while the author states that in Kazakhstan the decision on this issue is assigned to the competence of authore-identification examination, d) discourse analysis as the most promising type of research at present, is connected with research of written, verbal text in combination with non-verbal means of communication (gestures, facial expressions). Key words: legal linguistics, discourse, psychological and philological examination, forensic authore-identification, products of speech activity, linguistic research, psychological research.

scholarly journals PERCEPTION OF UKRAINIAN FORENSIC EXPERTISE IN THE MASS MEDIA AT THE STAGE OF ITS FORMATION

2019 ◽  
pp. 883-892
Author(s):  
Keyword(s):  
Mass Media ◽  
Forensic Science ◽  
Public Perception ◽  
Theory And Practice ◽  
The Public ◽  
Forensic Expertise ◽  
The Press ◽  
Great Patriotic War ◽  
History Of ◽  
Forensic Expert

The article deals with a brief historical excursion on the formation and development of forensic activity in Ukraine. In particular, the coverage of forensic expert activities in the press, starting with the establishment of the Cabinet of Scientific and Forensic Expertise at the Prosecutor’s Chamber of Justice of Kyiv in the years 1914-1915. The article based on archival materials, namely, newspapers and other constituent documents of the Cabinet of Scientific and Forensic Expertise, analyzes the public perception of the emergence of forensic science, its capabilities, and describes the main stages of forensic science. It was noted that the press of that time described the importance and significance of the appearance of a forensic examination, indicated the main types of research conducted, explained the features of the work of forensic experts. Also in the articles of newspapers and magazines of that time revealed the transformations that took place in expert institutions, the increase in the number of expert studies conducted, the increase in the number of forensic areas in which expertise was carried out, and were highlighted the increase in requirements for the qualifications of experts related to the challenges of time. The article also indicates that at crucial points in the history of Ukraine the development of forensic science and the expertise continued, moreover, the activities of experts became more active, especially during the Ukrainian People’s Republic as well as after the events of 1917. However, during the years of the Great Patriotic War, the press of that time very rarely wrote about forensic activities, very often were only comments on the theory and practice of criminalistics. Key words: forensic expert activity, forensic expert, mass media, Cabinets of forensic expertise.

scholarly journals FEATURES OF PROFESSIONAL QUALITIES OF A PSYCHOLOGIST

2020 ◽  
Vol 63 (2) ◽  
pp. 22-26
Author(s):  
B.D. Zhigitbekova ◽  
Keyword(s):  
Higher Education ◽  
Professional Training ◽  
Higher Education Institutions ◽  
Emotional Stability ◽  
Psychological Characteristics ◽  
Present Stage ◽  
Main Condition ◽  
High Intelligence ◽  
Personal Qualities

At the present stage, professionally important approaches of psychologists play an important role in their training in higher education institutions. The level of development of professionally important qualities is the main condition for satisfaction with your profession. Competent preparation of psychological characteristics of specialties of psychologists, drawing up a psychogram based on this characteristic implies professional training of future specialists-psychologists for their profession. Based on these opinions, in the work of a psychologist, we proceed from the most important personal qualities, such as empathy (joint impression), sociability (sociability), sense of responsibility, dependence (independence), emotional stability, ability to listen, high intelligence, creativity and reflection.

scholarly journals Why Psychological and Pedagogical Examinations in Disputes Concerning Child-Rearing Do Not Meet the Needs of Justice

2020 ◽  
Vol 15 (1) ◽  
pp. 6-19 ◽  
Author(s):  
E. V. Vaske ◽  
F. S. Safuanov ◽  
T. N. Sekerazh
Keyword(s):  
Professional Training ◽  
Scientific Basis ◽  
Child Rearing ◽  
Specialized Knowledge ◽  
Forensic Expertise ◽  
Civil Proceedings ◽  
Judicial Proceedings ◽  
Judicial Authority ◽  
Psychological Knowledge ◽  
Expert Practice

Basing on the compilation of expert practice and the analysis of court practice reasons for the extensive increase psychological and pedagogical examinations assigned in civil proceedings in cases concerning child-rearing are addressed. The main associated issues are the lack of the own methodology for psychological and pedagogical examinations in the judicial proceedings; resolving questions by educational and education psychologists, which are out of the scope of their specialized knowledge and competence, including those falling within the purview of the court’s exclusive com­petence; giving unreasonable advice, which violates citizens’ rights; the lack of professional compe­tence necessary to conduct forensic expertise. It is found that opinions on the results of psychological and pedagogical examinations do not meet the requirements of the law, including on account of private educational psychologists’ insufficient professional training. It is shown that the inadequacy of law regarding professional and qualification requirements to experts allows courts to treat the verification of experts’ competence uncritically. As a result, an improper subject of forensic activity is introduced to the civil proceedings, which violates citizens’ rights to justice, undermines people’s trust in the institutions of forensic expertise and judicial authority.  Given the relevance of the issue, the grounds for application of specialized psychological knowledge in the form of forensic expertise in the civil disputes involving child-rearing are presented in the article, the scope of the necessary experts’ competences is outlined as well as the requirements to their specialized professional training, since forensic examinations must be conducted on a strictly scientific basis, objec­tively and comprehensively.  

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.

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