Criminalistics and Forensics
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Published By Kyiv Scientific Research Institute Of Forensic Expertise

0130-2655

Author(s):  
O. Komandyrov ◽  
O. Levchenko ◽  
R. Kosarevska

The approval by the Ukrainian government of the concept for the introduction of BIM technologies in the construction of Ukraine provides many opportunities for the development and implementation of BIM as a tool for creating archival documentation and storing the state register of cultural heritage sites of Ukraine, in particular architectural monuments. The application of the principles of BIM technologies to historical buildings is widespread in the EU countries and allows combining 3D-models with textual information (databases) and is included in international practice as HBIM (BIM technologies applicable to the sites of historical heritage). The proposed method of modeling and description using software tools, applying the best excellent achievements, allows improving the state of registration of historical sites, architectural monuments and urban planning on the territory of Ukraine.


2021 ◽  
pp. 673-691
Author(s):  
L. Svyrydova

At the stages of preparing materials for conducting a forensic linguistic examination and in the process of research, problematic issues of a procedural and methodological nature arise, which are debatable due to the lack of regulation and the absence of systematic scientific theoretical research in the field of linguistic examination. The analysis of expert practice indicates the need for further developments in the field of forensic linguistic expertise, based on which the author makes proposals for improving the methods of authorship research and the development of directions for further research in the field of semantic and textual research. The author focuses on the need to carry out developments in the field of linguistic expertise, taking into account not only the current practice of conducting forensic linguistic expertise. Also taking into account the generalization of new literary sources, the number of which is increasing and the data of which are of interest to linguistic expertise from the point of view of analyzing emerging in the field of modern linguistics problems, as well as the socio-political situation in the country. Attention is drawn to the fact that the judicial and investigative authorities appoint linguistic examinations at almost all stages of the consideration of cases/proceedings or the investigation of offenses, and it is also becoming increasingly popular in connection with the appeals of individuals/legal entities. The data of the conducted research can serve as the basis for the creation of new directions of research in the field of forensic linguistic examination and contribute to the development of its theoretical and methodological foundations.


Author(s):  
I. Syvova

The article is devoted to the study of issues arising in the conduct of examinations and expert studies related to the determination of the amount of payment for land (rent and land tax). The purpose of the article is to determine approaches to conducting an expert economic research, when solving problems of calculating land payments. Approaches to documentary and regulatory confirmation of the formation of payments to the budget, the fulfillment of civil and economic and legal obligations have been systematized. Payment for land is a set of payments provided for by legislation or an agreement, paid by individuals and legal entities in connection with the exercise by them of the rights of the owner or user of a land plot. The purpose of the conducted expert economic research in solving the problem of calculating land payments is documentary and regulatory confirmation of the formation of budget revenues, the fulfillment of civil and economic and legal obligations and creates significant interest for further scientific research.


2021 ◽  
pp. 806-819
Author(s):  
V. Kulykovska

The article presents an attempt to provide a general methodological concept of document mounting and describe its main methods and features. The article considers practical examples in which a scheme-algorithm for conducting research is described and a logical chain of established facts is built, which helped in each case to come to a reasoned conclusion. The article also draws attention to the fact that today the schemes for solving problems to establish the execution of documents using installation are the least developed both theoretically and scientifically-methodically - there is no single terminological approach that allows you to unambiguously interpret and evaluate the results obtained.


2021 ◽  
pp. 612-628
Author(s):  
T. Birch ◽  
I. Birch ◽  
M. James

This study investigated the impact of a defendant’s emotions, expressed through gait and displayed through video footage, on jury decision making. The degree of state empathy and the case-related judgements of the mock jurors were assessed using a questionnaire. The results of the study suggest that the emotions being portrayed by a figure in a piece of video footage can be identified by viewers, and that careful consideration needs to be given to the potential ramifications of playing video footage in court and the subsequent impact on collective jury decision making.


2021 ◽  
pp. 364-380
Author(s):  
V. Bondar

The article investigates the essence of the technical and forensic situation and reveals the features of solving the technical and forensic tasks of the pre-trial investigation of criminal offenses. Scientific approaches to the problem under study are generalized. A complex of general technical and forensic tasks of an informational nature, solved by conducting investigative (search) actions, has been formulated. The author believes that scientific provisions and practical recommendations should contain typical arguments for making intermediate and final decisions in criminal proceedings, represent a constantly updated complex of forensic algorithms and programs, from which the optimal technology of technical and forensic support of criminal proceedings will be formed. It is proposed to make them the object of constant interest of interrogators, investigators, specialists and an obligatory component of the professional competences of the subjects of the use of forensic techniques. On the basis of scientific generalization and the results of the analysis of advanced experience, typical elements of the actions of specialists in typical technical and forensic situations are identified, for their further use in the form of forensic algorithms and programs for pre-trial investigation of specific types (groups) of criminal offenses.


2021 ◽  
pp. 380-397
Author(s):  
M. Dumchykov ◽  
O. Bondarenko ◽  
M. Utkina

The purpose of the article is to analyze approaches to the formation of the essence and constituent elements of the forensic characteristics of the legalization of corruption proceeds (Article 209 of the Criminal Code of Ukraine), to highlight and describe the elements of the forensic characteristics of this criminal offense. Forensic characteristics play a special role in the very structure of the methodology for investigating a criminal offense of this type. A successful and comprehensive study of the circumstances of a criminal offense largely depends not only on the correct definition of the criminal-legal signs of an act, but also on the investigator’s understanding of the criminalistics nature of the corresponding offense. The analysis of publications indicates the presence of a number of disagreements between the authors in the construction of the forensic characteristics of the legalization (laundering) of proceeds from crime. Comparison of the existing doctrinal approaches to understanding the structural elements of the forensic characteristics of the legalization of funds obtained by criminal means, made it possible to form the author’s approach. According to the authors of the article, the forensic characteristics of the legalization (laundering) of incomes obtained as a result of the commission of a criminal offense should include both basic and additional elements. The main elements of the forensic characteristics of legalization are proposed to include the following: typical traces of a criminal offense; its subject; the way of committing such an offense. Additional, according to the authors of the article, it is advisable to include the following: the subject of a criminal offense; the time of its commission; the area in which the offense is committed; the environment of the criminal offense; source of origin of “dirty money”. The proposed elements of the forensic characteristics of a criminal offense can be the starting point in the development of an effective methodology for investigating money laundering.


Author(s):  
V. Gurin ◽  
S. Lupu ◽  
I. Lopatenko

The article deals with the legal and methodological aspects of conducting economic and financial forensic examination in the Republic of Moldova, including the main tasks and issues solved by these types of forensic examinations, as well as a new type of forensic examination: engineering and economic. In this article, it is emphasized that the purpose of the general theory of economic and financial forensic examination in the Republic of Moldova is, first of all, to systematize the categories of all types of economic and financial forensic examinations accumulated to date in the Republic of Moldova. The concept of the subject of examination, objects of research, expert tasks, special knowledge of an expert, the concept of expert competence and competence, technology of expert research and many others.


Author(s):  
O. Shmereho

The article considers the issues on which the procedure for conducting forensic examinations and expert studies related to the study of the circumstances of oxygen cylinder explosions. Conducting such studies is one of the most difficult in explosive examination, because the results of chemical studies of the remains seized at the site of the explosion do not give any results on the explosive transformation of substances and materials. Examination has to be carried out on the results of such phenomena only on those objects that were found at the site of the explosion. However, there is no expert methodology for conducting such research, and the phenomena of such a process have not been fully studied today. The methodological recommendations developed by the staff of the Institute in the main part are not the result of generalizing the literature data. The recommended system of work consisted primarily of processing the material obtained in the process of accumulating experience in fire-technical and explosive-technical expertise and was the result of a generalization of this experience. The structure and content of the recommended research methods is the result of the analysis and generalization of a large amount of factual material over a long period of experts’ work. The provisions in the guidelines are illustrated with examples from practice. In addition to examples of the experts’ work, there are instructive cases of incorrect, unsuccessful solution of certain issues. This is of cognitive value, provides opportunities to more easily, and correctly address issues raised by experts. Yet, this is only the first experience. Therefore, the authors do not claim to be exhaustive of the stated provisions, believing that these recommendations should be improved based on discussions with the practitioners, further accumulation and generalization of facts of similar phenomena and events.


2021 ◽  
pp. 889-919
Author(s):  
O. Kolomiitsev ◽  
V. Nikitiuk ◽  
O. Herman ◽  
V. Sapielkin ◽  
I. Serbinenko

The article presents data based on the results of experimental studies on the external ballistics parameters and the nature of changes in the trajectory of the kinetic energy of four types of pistol cartridges bullets 9 × 21 IMI (9 × 21 mm.), which were shot from two samples of carbines with different lengths of the rifled part of the barrel. Of particular interest are data on the nature of the shell interaction and expansive bullets of cartridges of the indicated caliber with the tissues of a biological object, the imitation of the interaction with which was carried out using ballistic testing backing material (ballistic clay). The use of a simulator of biological tissues of the human body made it possible to determine the features of the shock-contact interaction of shell and expansive bullets with them, as well as to establish the nature of the behavior of these bullets in the thickness of a viscoelastic medium. It was experimentally found that under certain conditions, 9 mm jacketed bullets are capable of inflicting through wounds to the human body at firing distances up to 25 m inclusive, while the bullet, after breaking through the barrier, has energy characteristics that are sufficient to inflict a penetrating injury of varying severity on another biological object. Due to the use of ballistic clay, it became possible to visualize the maximum amount of damage caused by shell and expansive bullets, as well as to determine the features of the formation of exit wounds, taking into account the destabilization of shell bullets in the thickness of the obstacle. It should be noted that at firing distances up to 5 m inclusive, shell bullets, due to the loss of gyroscopic stability in the tissues of a biological object, which have a sufficiently large thickness, are capable of inflicting wounds, the volume and severity of which are comparable to or exceed the corresponding parameters of wounds caused by expansive bullets. The obtained results of measurements of the velocity of the of shell bullets after overcoming an obstacle in the form of a viscoelastic medium can later become the basis for calculating the contact speed of a bullet with a known length of the channel of the inflicted wound. The article for the first time presents the calculated data on the parameters of the flight path of shell and expansive bullets of pistol cartridges 9 × 21 IMI (9 × 21 mm.) at firing distances up to 100 m. The presented results of experimental studies and calculated data will allow experts in the field of forensic ballistics and forensic medicine to solve the tasks set by the pre-trial investigation authorities. Key words: ballistic clay, biological object, elements of the trajectory of a bullet flight, carbine, pistol cartridge, wound, wound channel, damaging properties, damage.


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