expert practice
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2022 ◽  
Vol 16 (4) ◽  
pp. 83-94
Author(s):  
G. G. Bocharov

The article addresses the methods used by traditional forensic examinations to study objects of phaleristics (orders and medals). The author justifies the necessity of a complex study of objects of phaleristics to ensure the completeness and validity of expert conclusions. Based on the examples from expert practice, the author also demonstrates the sequence of the actions of experts from different specialties in a complex investigation.Finally, the article provides the procedural characteristic of a comprehensive expert study.


2022 ◽  
Vol 16 (4) ◽  
pp. 49-56
Author(s):  
M. V. Zhizhina ◽  
V. B. Danilovich

The article addresses the problems of methodical support for establishing the statute of limitations when conducting a forensic document examination, directly affecting the admissibility of an expert’s opinion as evidence in legal proceedings. Establishing the statute of limitations for the execution of documents’ requisites is one of the most demanded tasks when considering all categories of cases – administrative, arbitration, civil, criminal. Analysis of the forensic practice of this type of examination in legal proceedings shows the application of various methods and approaches. Such variety raises questions among both the judicial and legal communities. For example, what existing methods are scientifically substantiated, tested, certified, lead to reliable results, and can be used to solve expert tasks? Which are unsuitable for the use in expert practice, and for what reasons?To confirm the suitability of their author’s developments for forensic examination, individual non-state experts provide various patents and certificates. How legal and permissible is this practice?The article offers a competent analysis of the current situation on the example of the widely used method of “wet copying”


2022 ◽  
Vol 16 (4) ◽  
pp. 72-82
Author(s):  
T. N. Sekerazh

The article presents complex forensic psychological and linguistic examination models developed basing on various kinds of integration of psychological and linguistic knowledge in solving typical expert tasks. Based on forensic expertise, expert practice, methodological developments in complex, as well as psychological and psychiatric examinations, the author describes the following types of studies: a sequential complex of examinations, parallel complex examination, complex sequential analysis, sequential-parallel complex study.The author also illustrates the sequence of the use and integration of the results of applying specialized knowledge with particular examples.


2021 ◽  
Vol 19 (2) ◽  
pp. 138-154
Author(s):  
Marina V. Batyushkina

The article presents the results of a study of de jure (modeled) and de facto (real) interpretation of the concept legal and linguistic uncertainty, which is relevant for modern Russian legal discourse, lawmaking, judicial, and expert practice. These features are typical for Russian legal discourse, lawmaking, judicial, expert practice, as well as the scientific sphere of communication. The article is aimed at studying the objective and subjective reasons for legal and linguistic uncertainty of legislative terms and legislative norms; analysing the conditions under which uncertainty is considered as an attribute of law language and a means of legal regulation or a defective formulating legal rules, falsa leclio. Legal and linguistic uncertainty is considered from different points of view: (a) the dichotomy clarity/ uncertainty; (b) the legislative definition; (c) attitude to the system of Russian legislation terms; (d) variability, disambiguate, double-meaning; (e) the basis for procedural decisions (expert assessment, adjustment of the norm of the draft law or the current law, rejection of the draft law). The subjective factors of legal and linguistic uncertainty are analyzed, on the one hand, from the position of professional competencies of law developers and specialists examining laws in different aspects - linguistic, legal, anti-corruption, legal and technical, pedagogical, etc. On the other hand, they are analysed from the point of view of legal and other knowledge of the addressees, those, who interpret the law. The research methodology is traditional for modern Russian studies and legal linguistics: analysis, comparison, deduction, induction, analogy, modeling, as well as contextual, interpretive, systemic, discursive, interdisciplinary, practice-oriented and other approaches. Due to interdisciplinary nature of the research, works on linguistics, jurisprudence, legal linguistics, documents of legislative, judicial, expert practice, texts of Russian (federal) laws, materials from the Dictionary of Terms of Russian Legislation were used. The prospects for the study are outlined: considering legal and linguistic uncertainty in the aspect of creating laws in two or more state languages, orthology, etc.


2021 ◽  
pp. 26-29
Author(s):  
Michael Grachev

The article proves the special role of the linguistic examination of tattoos in the process of proving a person's involvement in the organization and management of criminal groups. A semiotic classification of tattoos used by so-called code-bound criminals is proposed. In the course of expert practice, the author was able to establish that in the criminal world, tattoos represent a logical system of postulates and criminal ideas. Therefore, the main thing for an expert linguist should be knowledge of the subculture of the criminal world: thieves' rules of conduct, argot, proverbs and sayings of the criminal community, prison songs, nicknames, the meaning of criminal symbols. It is important to keep in mind that tattooing is a gradual process and reflects the acquired criminal experience.


Author(s):  
A. I. Yaremenko ◽  
S. P. Rubnikovich ◽  
D. M. Neyzberg ◽  
A. I. Erokhin ◽  
L. Yu. Orekhova ◽  
...  

The efficacy and long-term outcomes of the procedure of guided tissue regeneration depend on the basic morphometric condition of the defect and the choice of the technical supplement and the technical approach to surgery. Hystoarchitectonics of defects can be presented as a simplified four-parameter classification for use in clinical and expert practice in addition to making decisions in the regenerative surgery of defects in the periodontal and alveolar ridge.


2021 ◽  
Vol 23 (1) ◽  
pp. 372-387
Author(s):  
Т. Kharina ◽  
О. Herasimenko

Theoretical, methodological and practical aspects in cases of invalidating a transaction concluded by a legal person are outlined. Peculiarities of forensic psychological analysis in cases of invalidating a transaction concluded by a legal entity are studied. Referring to forensic expert practice, the object, subject, tasks of this subject type of forensic psychological analysis are determined. Issues which are solved by forensic psychologicalanalysis in cases on invaliding transaction are indicated. Boundaries of a forensic psychologist competence are outlined. Recommendations are provided as to the reference list of source data required for conducting forensic psychological analysis. Based on forensic expert practice, an algorithm for analyzing source data when conducting a forensic psychological analysis in cases of invalidating a transaction concluded by a legal entity is outlined. The main components that should be identified when conducting a forensic examination of this subject type of forensic psychological analysis are indicated. The experience of scientists and practitioners demonstrates that a problem of will is inseparable from problems of personality, consciousness, self-awareness, motives, needs, emotions, cognitive activity of a person. Considering that intellectual, volitional and emotional processes, states and personality traits act in interconnection, this type of research (as one of the complex subject types of forensic psychological analysis) requires further theoretical analysis of the objective and subjective factors of a person wrong actions (entity of civil law relations) in legally significant circumstances to solve methodological and practical tasks of expertology.


2021 ◽  
Vol 23 (1) ◽  
pp. 290-299
Author(s):  
К. Kapustnyk ◽  
O. Khomutenko

The relevance of issues associated with spending budget funds in forensic expert practice has been substantiated. According to the authors, certain peculiarities of conducting researches on budget transactions lead de facto to the formation of a particular subtype of forensic economic analysis. It is mentioned that consideration of issues related to misuse of budget funds by forensic experts is only allowed in the presence of tax inspection report of the Units of Ukraine State Audit Service. It is proved that budget funds which their holder transfers to accounts of work executors, lose the status of budget. The emphasis is on the need to update the algorithm for conducting forensic economic analyses in the use of budget funds.


2021 ◽  
Vol 23 (1) ◽  
pp. 348-358
Author(s):  
V. Kosovan

 When investigating and hearing criminal proceedings, civil and administrative cases in courts, there is a need for special information in thefield of commodity science. Such information is obtained during commodity expertises. Analysis of the stages of forensic commodity expertise in the current legislation shows the presence of a significant number of problems at certain stages of study, which requires effective resolution in accordance with current regulatory and technical parameters and prospects for further development in Ukraine. As practice shows, forensic commodity expertises are often appointed, the subject of which is to determine the market value of objects on the date in the past. If the necessary documents are available, the difficulty of providing conclusions about the value of the objects of study is due to the lack of initial data on the market of such property. This is due to the fact that there are very few publicly available sources where you can find archival information on the price of a product on the date in the past, especially if it concerns specialized property, or property whose sale and purchase market is limited. That is why the article purpose is to highlight peculiarities of the determination of value of goods at the date of past within the framework of the commodity expertise. A t the present stage in Ukraine there are no meaningful studies and regulations on conducting the commodity expertise to determine the value of goods in the past, so this issue needs further study to create a unified and comprehensive approach while conducting the commodity expertises on the value of goods at the date of the past and development of a methodology that will be used in forensic expert practice during the conduct of commodity expertises, to ensure the systematization and methodological uniformity of the expert practice, reducing the complexity and time spent during expertises. Thus, the formation and development of property valuation are possible only in market conditions with a clear definition of the role and place of the state in matters of pricing and legal regulation of entrepreneurial activity. In addition, it is necessary to develop ways to improve the effectiveness of research that could provide the necessary conditions to protect professional competence of a forensic expert for appealing expertise results in court.


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