ВПЛИВ ФУНКЦІЙ МЕТОДИКИ НА ЯКІСТЬ ВИРІШЕННЯ ЕКСПЕРТНОГО ЗАВДАННЯ

Abstract

The publication considers forensic expertise as an integrated system with interconnected elements, one of which is methodological support. The interrelation of the main structural elements in organizing expert research is provided. The impact of methodological functions on the quality resolution of expert tasks through the application of methodology in the process of expert cognition is substantiated. It is suggested that when developing an expert methodology, an additional consideration should be given to the optimization function of the expert's conclusion, which implies the ability to concisely describe the methodology in the research part of the expert's conclusion for a full understanding by investigators, prosecutors, judges, and other participants in the judicial process of the specificity of research in a certain field of knowledge and to evaluate the expert's conclusion in terms of reliability. The development of society constantly increases the requirements for the quality and speed of conducting forensic examinations and research. This requires regular updating of methodologies. Especially, this concerns specialized methodologies for conducting examinations of intellectual property objects, which are unique and multifaceted. The role and significance of a specific methodology in the process of expert cognition can be determined through an analysis of its functions, the main ones being: decisive (or guiding), systematizing, prognostic, pragmatic, managerial, evaluative, substantiating, and cognitive. It is noted that expert research as a cognitive process has two levels of cognition: the first level is empirical; the second level is theoretical. The result of expert cognition should be the solution of an expert task – establishing facts with evidentiary value. General expert knowledge is decisive in conducting qualitative forensic expertise – a dynamic category that is constantly improving through transformation and growth, integrated into the process of expert cognition through the competence of the forensic expert. It is proposed that in organizing the work of a forensic expert to optimize time and labor costs in conducting expert research, the simplex method be used as an algorithm for solving optimization problems. This method involves making directed movements along reference plans to find the optimal solution. The idea of applying the method for expert research lies in finding an expert's action plan according to a certain rule, which is checked against the optimality criterion – time and quality. If the optimality criterion is met, the task is considered solved. In case of non-compliance, a new iteration takes place, using the minimally calculated step, which needs to be recorded in the form of tables.