Appointment and conduct of construction-technical and evaluation-construction expertise in criminal proceeding provided for in Article 191 of the Criminal Code of Ukraine

Abstract

The article examines the main provisions of construction-technical and evaluation-construction expertise in criminal proceedings on appropriation, waste of property or possession of it through abuse of official position, which is accompanied by an analysis of statistical data of the Office of the General Prosecutor, the Expert Service of the Ministry of Internal Affairs of Ukraine, as well as the results of a survey of investigators National Police. The types of special knowledge of court experts have been defined, which correspond to the expert specialties acquired by them and allow the involvement of relevant specialists during the construction and technical and evaluation and construction examinations in criminal proceedings on appropriation, waste of property or possession of it by abuse of official position. The tasks of these types of forensic examinations and a typical list of issues resolved by them are outlined, which allows to effectively conduct an investigation of a criminal offense provided for in Article 191 of the Criminal Code of Ukraine, taking into account the available conclusions of experts and the possibility of using them in the evidence system. The specifics of the appointment of construction- technical and evaluation-construction expertise in the investigated criminal proceedings, which relate to the types of construction-technical documentation provided to the expert, as well as the need in specific cases of investigation of official embezzlement during road construction to appoint these expertises in a complex with others, are revealed. The procedural features of preparing and conducting an evaluation and construction examination in criminal proceedings initiated under Article 191 of the Criminal Code of Ukraine, which consist in the proper preparation of documents by the investigator regarding the inspection of the premises that will be evaluated during the examination, have been studied. The advantage of the combined use of special knowledge in the form of the appointment of complex forensic examinations during the investigation of appropriation, waste of property or possession of it through abuse of official position in the field of construction, namely construction-technical and evaluation-construction, road-technical, commodity expert examinations, has been proven.