ПРОЦЕСУАЛЬНИЙ СТАТУС СПЕЦІАЛІСТА В КРИМІНАЛЬНОМУ ПРОВАДЖЕННІ

Abstract

The concept of a specialist in criminal proceedings is analyzed in the article. The issue of the procedural position of a specialist in criminal proceedings, determined by the current CPC of Ukraine and other regulations governing his activities, is substantiated. It is proved that the participation of a specialist in criminal proceedings is important for the case, his testimony and conclusions contain factual data that are subject to analysis, comparison with other materials and are the basis for conclusions about the circumstances of the case. The main task of the specialist is to take an active part in the criminal proceedings. Assist the investigator, on the basis of his knowledge, in identifying and obtaining traces of criminal offenses, objects and documents that may be material evidence in criminal proceedings. The concept of special knowledge and their importance at the stage of pre-trial investigation is studied. Proper understanding of the concept of special knowledge in criminal proceedings is an important condition for their use in various forms by participants of criminal proceedings in the investigation of criminal offenses in accordance with the requirements of the law. Special knowledge is an element that determines the procedural and legal status of participants in criminal proceedings. It should be noted that knowledge, skills and abilities in a particular field of science, technology, art or craft, acquired by the subject in the course of his practical activities, through special training or professional experience should be considered as special knowledge. The main procedural forms of using special knowledge in criminal proceedings are determined. This is a forensic examination and the participation of a specialist in the conducting of proceedings. It is reasoned that an important element of the procedural status of a specialist in criminal proceedings is his responsibility.