Regulatory framework of technical-forensic research

Abstract

The basic normative legal acts regulating carrying out of researches connected with forensic engineering as a section of forensics are considered. The law regulates the conduct of investigative actions in the detection, recording, seizure and investigation of objects that contain forensically significant information and can be used as evidence in criminal proceedings. The basic provisions of the Constitution of Ukraine are considered, which must be observed during conducting of forensic investigations. According to the author, in the draft law "On forensic activity in Ukraine" among the terms that are used in the text of the bill itself and are important for interpretation, namely: "expert institution", "head of expert institution". The head of the expert institution is the subject of the expert activity, but his authority, the amount of work performed, the competence is somewhat different from that of the ordinary expert. Therefore, it is necessary not only to provide the definition of the head of the expert institution, but also to supplement the bill with a separate article, where to state its rights and responsibilities. The following definition of the head of an expert institution is considered appropriate: "a person who performs the function of leadership during the organization and conduct of judicial examination in a subordinate unit". The author does not support the views of some scholars on the need to regulate these examina-tions in the Criminal Procedure Code of Ukraine (CCP). In our opinion, the types of expertise are of sci-entific rather than procedural importance, so it is not necessary to burden the CCP of Ukraine with unnec-essary provisions.