Abstract

The article analyzes conceptual framework for specific expertise use while conducting forensic examinations related to aviation accidents. Foundations of such activities have been developed. In particular, it is stressed that effective implementation of criminal proceedings depends to a greater extent on the results of expert researches, especially if it is a complex process of aviation accident investigation. Similarly, the quality of expert researches depends on organization of research institutes activity regarding creation of effective methodologies for the analysis of different physical evidence obtained at the aviation accident scene. By using specific expertise, employees of forensic institutions independently or jointly with employees of other specialized institutions, law enforcement agencies, specialists-doctors can advance methods of expert research and, consequently, combat criminal offenses or ensure timely detection of the offender whereabouts.
 The possibility of expanding the compulsory appointment of forensic examinations in aviation accident criminal proceedings is being considered. Factual and legal grounds for the appointment and conduct of a forensic examination in this case are outlined.
 Scientifically substantiated recommendations on directions of counteraction to attacks on the aviation industry facilities are suggested, as well as the algorithm for developing innovations for the needs of law enforcement agencies is proposed.
 It is emphasized that the use of forensic science possibilities within the framework of a criminal proceeding related to aviation accidents is quite influential, since it helps to perform a multidisciplinary professional analysis of evidence, facilitate organization of forensic experts’ work, protect the rights of citizens and contribute to fulfillment of justice tasks in general.

Highlights

  • Efficiency of criminal proceedings implementation mostly depends on the results of expert researches, especially if we talk about the complex process of aviation accident investigation

  • The whole process of criminal proceedings relates to the establishment and proof of such actual circumstances as the event of a criminal offense, guilt of the accused in criminal offense commission, form of guilt, motive and purpose of criminal offense commission; type and amount of damage caused as a result of a criminal offense, as well as the amount of procedural costs, circumstances that affect the severity of committed criminal offense, characterize the identity of the accused, aggravate or mitigate punishments excluding criminal liability or being the basis for closing criminal proceedings, etc

  • To solve the set tasks, Criminal Procedural Code of Ukraine stipulates the involvement of a forensic expert or a specialist, that is persons who possess scientific, technical or specific expertise and have the right to conduct forensic examinations or participate in other procedural actions and are entrusted to carry out researches on objects, phenomena and process containing information on circumstances of criminal offense commission, as well as provide conclusion or advice on the issues arising while criminal proceedings and relating to the area of their expertise (Art. 69, 71 of the Criminal Procedural Code of Ukraine)

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Summary

Introduction

Efficiency of criminal proceedings implementation mostly depends on the results of expert researches, especially if we talk about the complex process of aviation accident investigation. The quality of expert researches depends on organization of activities in forensic science institutions regarding creation of effective methods of analysis of different physical evidence obtained at the place of aviation accident. Modern period of the development of legal science in Ukraine is associated with the necessity to solve a wide range of problems, among which a significant place is taken by the issue of study and creative analysis of scientific developments, ways of implementing scientific and technological developments, identification of promising directions in research, etc.

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