Judicial engineering and mechanical examination: practiceological approach

Abstract

The purpose of the article is to study and develop theoretical and methodological principles of forensic engineering and mechanical expertise, recommendations with the use of special knowledge in criminal and civil proceedings to prevent, detect, investigate and consider crimes related to the operation of machines, mechanisms, equipment and improvement of its methodology, substantiation and formulation of recommendations on legal assessment of results and increase of efficiency of use of conclusions of forensic examination in the course of proving. The methodological basis of the study are the laws and categories of the theory of cognition, in particular the provisions of materialist dialectics, which contributed to the realization of the purpose and tasks, subject, object, research issues in the context of interdependence of achievements and needs of practice. At the same time, the methods of formal logic (analysis, synthesis, deduction, induction, analogy, abstraction) made it possible to understand in more detail the content of the studied questions, the essence of the studied categories and phenomena was clarified by the system-structural method. The Ministry of Justice of Ukraine has created a new type (subtype) of forensic examination: “Mechanical Engineering” and forensic specialty 10.25 “Study of the technical condition and operating conditions of machines and mechanisms”, so the article formulates the basic concepts of forensic mechanical examination, namely : the basic questions which are solved by judicial engineering and mechanical examination are defined; tasks, subject, object, questions that give the opportunity to understand the essence and content of the expert activity of these studies; the tasks of a specific examination are distinguished from the tasks of other related types of examinations in this area. Complex problems facing the investigation / court determine the expediency of dealing with a wide range of topical issues on a scientific basis, taking into account the peculiarities of the study of technical condition and operating conditions of machines, mechanisms and equipment and create a new type of forensic engineering – mechanical engineering. In order to increase the efficiency and objectivity of investigations of crimes in the operation of machines, mechanisms and equipment, courts / investigators should, as necessary, conduct forensic examinations by engineers: technologists, mechanics, power engineers, metallurgists, etc., for which it is necessary to develop approach, scientific-theoretical and practical principles of forensic engineering and mechanical expertise.