Appointment Of Forensic Examinations Research Articles

Investigators’ Mistakes in the Appointment of Forensic Examinations

The paper investigates the problem of mistakes and violations made by investigators when appointing forensic examinations. Among the reasons studied are the imperfection of curricula, the constant emergence of new research objects, as well as genera and types of examinations, the inconsistency of departmental acts fixing the lists of forensic examinations, and their specifics, etc. As part of the study, the authors rely on the position that the mistake is involuntary and unintentional, and the investigator acts in good faith and is ready to do everything to avoid the appearance of an mistake in the actions when appointing examinations. Typical mistakes and violations are considered: non-appointment or untimely appointment of expert studies, appointment of examinations when there is no such need, appointment of studies to the wrong body, erroneous sequence of appointment of examinations, errors in setting questions and handling of objects submitted for research. For each mistake, the authors suggest the best methods to prevent it, which, in general, include the following: increasing the number of training hours allocated to forensic science courses, disseminating digital reference systems to assist in assigning forensic examinations (Digital Forensic Science Guide and mobile application “CrimLib – Investigator’s Reference Guide”), seeking preliminary advice from a specialist, careful planning when determining sequences of forensic examinations, etc. As a result of the study, the authors conclude that today there is an urgent need to implement all of the proposed measures, as it directly affects the effectiveness of crime detection and investigation.

ВИКОРИСТАННЯ СПЕЦІАЛЬНИХ ЗНАНЬ ПІД ЧАС ДОСУДОВОГО РОЗСЛІДУВАННЯ ШАХРАЙСТВА: КРИМІНАЛЬНО-ПРОЦЕСУАЛЬНИЙ І КРИМІНАЛІСТИЧНИЙ АСПЕКТ

The article examines the criminal-procedural and forensic aspect of the use of special knowledge during the pre-trial investigation of fraud. It is noted that, from a practical point of view, it is advisable to divide the use of special knowledge during fraud investigation into procedural and non-procedural (organizational) forms. Among the main procedural forms is the involvement of a specialist in the conduct of procedural actions and the appointment of forensic examinations. Among the non-procedural (organizational) forms, the most effective are consultative and reference and analytical assistance of a specialist in the relevant field. Forensic examination is one of the important means of obtaining evidence during a fraud investigation. It is noted that the main forms of using special knowledge during the investigation of fraud are: the involvement of specialists in investigative (search) activities. Identification, fixation, collection of traces that may be important in criminal proceedings; appointment of forensic examinations. An expert's opinion may have evidentiary value in substance; consulting and reference assistance. Explanations of specialists who will help in establishing the truth, as well as obtaining information that can be used to appoint the necessary forensic examinations. Scientific development in the field of pretrial investigation of fraud is constantly developing, taking into account changes in the ways of committing criminal offenses and technologies. Especially in recent years, there has been an increase in interest in this direction due to the spread of digital technologies. The results of scientific research help law enforcement agencies to improve their work and respond more effectively to modern challenges in the field of combating fraud. The use of specialized knowledge in the pretrial investigation of fraud is an important component of the successful detection and counteraction of this type of criminal offense, as well as ensuring the objectivity of the investigation. The use of special knowledge combined with the professional experience and high level of competence of the investigator can significantly increase the effectiveness of the investigation and combat fraud. Key words: pretrial investigation, fraud, criminal offense, criminal proceedings, special knowledge, specialist, expert, forensic examination.

Peculiarities of the special knowledge application in the investigation of taking a government official or law enforcement officer as hostage

An effective investigation of any criminal offence is not possible without the use of specialised knowledge. Taking a government official or law enforcement officer as a hostage is no exception; on the contrary, from the moment information about the seizure is received, there is a need to engage specialists from various fields of knowledge, including a forensic expert, dog handler, explosives expert, etc.
 The purpose of the study is to investigate the scientific findings on the definition of the concept of “special knowledge” and to clarify its role in the investigation of criminal proceedings under Article 349 “Taking a government official or law enforcement officer as a hostage” of the Criminal Code of Ukraine. To achieve this goal, the study used the following methods: analysis, synthesis, comparison, critical thinking, and systemic and structural methods, with the aim of conducting a thorough study of theoretical developments, results of investigative and judicial practice, systematising the results and formulating conclusions.
 It has been argued that one of the ways to improve the efficiency of detection and investigation of crimes is to use specialised knowledge in the activities of law enforcement agencies. In particular, when investigating the taking of a government official or a law enforcement officer as a hostage, special knowledge should be considered as skills and abilities in a particular area which are used in criminal proceedings and contribute to establishing the truth in the case, which contributes to the effective completion of the investigation.
 As a result of the study, the special knowledge has been classified, namely: by the procedural position of the person who uses it, by the form of expression, by the need to use special knowledge at a certain stage of investigation, by the form of the final result, by the field of knowledge, by the degree of secrecy, by the purpose of use, by the significance of the results obtained.
 According to the results of a comprehensive analysis, three forms of special knowledge application are proposed in the course of investigation of taking a government official or law enforcement officer as a hostage: specialist involvement in investigative (detective) actions, appointment of forensic examinations and consulting.
 The role of specialists when involved in conducting typical investigative (detective) actions, such as: inspection of the scene, interrogation and investigative experiment, has been described. An indicative list of specialists who can assist an investigator has been proposed, and the tasks which can be solved through such interaction have been outlined. An indicative list of tasks facilitated by the appointment of forensic examinations has been provided.

TACTICS OF OVERCOMING COUNTERACTION TO THE INVESTIGATION OF OCCUPYING THE HIGHEST POSITION IN THE CRIMINAL HIERARCHY

The issues of tactics of overcoming counteraction to the investigation of the occupation of the highest position in the criminal hierarchy are considered. Based on the generalization of investigative and judicial practice, typical ways of countering the investigation of this crime are identified. The article defines that for the purpose of such counteraction, interested persons use message encryption, as well as falsification, destruction, modification of material objects and documents. Witnesses are forced to refuse to testify. In general, such methods are reduced to masking information about the functions performed by the suspect and about other signs of his status position in the criminal hierarchy. Organizational and administrative, regulatory, judicial, punitive functions are masked by friendly advice, rules of the hostel, criticism of violators, resolution of domestic conflicts, etc. The disposal of the thieves’ cash register is disguised as the organization of the mutual assistance cash register. The status signs of this crime are expressed in the occupation of the highest position in the criminal hierarchy, according to the traditions and rules of the criminal subculture. It is shown that a typical way of distorting status signs is to represent a thieves’ ritual as a playful form of behavior. Tactical techniques that contribute to obtaining reliable data on the signs of a suspect occupying a higher position in the criminal hierarchy are aimed at verifying the reliability of sources of evidentiary information. The article suggests effective tactical operations, such as the appointment of forensic examinations, interrogation, and other investigative actions, in combination with operational search measures of a search and verification nature.

Назначение судебной экспертизы в гражданском судопроизводстве в аспекте состязательности и равноправия сторон

The article is devoted to the implementation of the principles of competitiveness and equality of parties in civil proceedings when appointing forensic examinations. The author notes that the current legal regulation does not properly ensure their observance, considers the problem through specific examples from judicial practice. It is concluded that the courts should carry out a number of preparatory measures before the appointment of forensic examinations, motivate the expediency of appointing a repeated or additional examination, as well as rejecting the arguments of the parties. The best form of expressing the position of the court should be considered a reasoned ruling that can be appealed.

General System of Forensic Engineering Tasks

Active development of forensic sciences in recent years (in accordance with the laws and principles of the genesis of forensic expertise) growing demand for their conduct and the urgent need for the emergence of new types of research make it necessary to systematize general tasks of forensic science in general and engineering in particular. This article purpose: to conduct an analysis of tasks solved by performing engineering and technical types of forensic science; determine the general principles of their formation; organize (unify) these tasks into a general (generic) system; to form a theoretical basis for improving the list of issues to be resolved while forensic engineering and technical researches (with the aim of modernizing Chapter II “Research guidelines concerning preparation and appointment of forensic examinations and researches”, that should be made the basic for new species(subspecies) of forensic engineering. In order to achieve the goal, methods of scientific knowledge were used: observation, comparison, abstraction, analysis, synthesis, modeling, etc. It is proposed to differentiate the tasks of engineering and technical research according to four groups that define the system as general (generic): 1) research of the state of objects; 2) establishment of conformity / non-conformity of the state of the object with certain requirements; 3) mechanism determination of investigated situation occurrence ; 4) clarification of cause-and-effect relationships in the situation under research.

Права та обов’язки експертів з економічних питань у профільному і процесуальному законодавстві

The article considers the rights and obligations of experts on economic affairs in the relevant legislation (the Law of Ukraine "On Forensic Expertise"; the Instruction on the Appointment and Conduct of Forensic Examinations and Expert Studies and the Scientific and Methodological Recommendations on the Preparation and Appointment of Forensic Examinations and Expert Studies; the Instruction on the Peculiarities of Forensic Expert Activity by Certified Forensic Experts who do not work in state specialised expert institutions) and procedural legislation (the Criminal Procedure Code, the Civil Procedure Code, the Commercial Procedure Code and the Code of Administrative Procedure). The purpose of the article (to study the rights and obligations of forensic experts on economic affairs in accordance with the requirements of relevant and procedural legislation) is achieved by using the following general scientific and special research methods: abstract-logical, dialectical, generalization, grouping, and graphical. The study revealed that in conducting forensic examinations and expert studies on economic affairs, there are examinations of documents: accounting, taxation and reporting; economic activities of enterprises and organisations; and financial and credit transactions. At the same time, there is an inconsistency in the names of the types of forensic economic examinations in the relevant legislation. It is determined that the relevant legislation on the rights of experts, including those on economic affairs, provides for 6 of them in the Law of Ukraine "On Forensic Expertise", 8 in the relevant Instructions (only five are similar); the procedural codes establish 8 rights in the Criminal Procedure Code and 6 each in the Civil Procedure Code, the Code of Civil Procedure and the Code of Administrative Procedure (five are also similar). All types of relevant and procedural legislation provide two essentially identical duties of forensic experts (to perform the task and provide an expert opinion and answer questions, if necessary). The Code of Civil Procedure, the Code of Economic Procedure and the Code of Administrative Court Procedure declare only 2 duties each, the Law of Ukraine "On Forensic Expertise" - 3, the Code of Criminal Procedure - 5, and the Instructions - 8. At the same time, the relevant legislation and the Criminal Procedure Code of Ukraine add a general obligation to recuse an expert.

Problems of appointment of handwritten examination in civil judiciary

The article is devoted to the issue of this type of evidence as providing an expert opinion in civil proceedings on the example of handwriting examination, because it is one of the most common types of forensic examination. It is known that the objects of handwriting are all possible types of documents, where the text is handwritten or signed by a person. The article deals with the tasks of forensic handwriting examination and their purpose. The current problems of appointment of handwriting examination by the court, which arise, in particular, when taking handwriting samples, are considered. The sources from which the expert obtains information to provide an opinion are analyzed, as it is not only samples of handwriting or signature, but also information about the person to be identified. It is considered how the court determines the scope of examination, formulates questions and collects free samples of handwriting and signatures, which are compared, as well as selects experimental samples. There is a ban on forensic experts who are employees of government agencies to conduct handwriting examinations on copies of documents. The article argues that it is possible to conduct handwriting examination of copies of documents, especially if it is physically impossible to provide the original document, provided that the court will take this fact into account. Since the expert does not have the right to collect materials for the examination, the expert is provided by the court or the party to the case. It is investigated that the legislation does not clearly regulate who exactly and how should take experimental samples of handwriting or signature, as it is prescribed in the scientific and methodological recommendations for the preparation and appointment of forensic examinations and expert research. In this regard, it is proposed to recommend that courts involve a handwriting specialist in the procedure for taking a sufficient number of experimental samples for examination.

ВИКОРИСТАННЯ СПЕЦІАЛЬНИХ ЗНАНЬ ПІД ЧАС РОЗСЛІДУВАННЯ КРИМІНАЛЬНИХ... ПРАВОПОРУШЕНЬ, ПОВ’ЯЗАНИХ ІЗ ДЕРЖАВНИМ ФІНАНСУВАННЯМ ГАЛУЗІ ОХОРОНИ ЗДОРОВ’Я В УМОВАХ ПАНДЕМІЇ

The scientific article is devoted to the study of special knowledge, both its characteristics in general and the specifics of its use during the investigation of offenses related to public funding of the health care industry in the context of the Pandemic. Forms of the use of special knowledge, their classification at different times of the development of forensic science, in particular, the appointment of forensic examinations, are identified; reference and consulting activities; audits and other inspection reports; account verification; the involvement of a specialist in conducting procedural actions; interrogation of an expert; the presence of the investigator during the examination. Emphasis is placed on the importance of interdepartmental checks, interaction of law enforcement agencies with state financial control bodies. Based on the scientific points of view of scientists, an attempt was made to provide proposals for avoiding individual conflicts in the legislation regarding the assignment of audit and inventory to investigators. Attention is drawn to the use of monitoring, financial audit, procurement review and procurement monitoring. Also, certain aspects of the consultative form of using special knowledge and the participation of a specialist during some procedural actions under the specified category of criminal proceedings are disclosed. Forensic examinations are singled out, which are mainly appointed during the investigation of criminal offenses related to state funding of the health care industry in the context of a pandemic, including: economic, handwriting, technical examination of documents, computer and technical, telecommunications, commodity studies, video and sound recording, forensic, etc. All mentioned achievements are confirmed by statistical data and practical examples.

The place of historical and archaeological research in the system of forensic examinations

The theory of forensic science has long been supplemented by additional classifications, which differed in certain criteria and comprehensively reflected the essence of forensic science and expert research. The issue of forensic examinations classification in Ukraine according to the criteria existing in the doctrine and normative legal acts has been considered. The purpose of the study is the correct classification of historical and archaeological examination in the system of forensic science of Ukraine, to determine the main aspects and criteria for the classification of forensic science in Ukraine. To solve this goal, the scientific literature and regulatory support on the topic have been analyzed. It has been concluded that the historical and archaeological examination does not belong to the already existing types, as it has a unique subject, object and methods. It can be classified according to various criteria presented in the article.
 Certain changes and transformations in the classifications of forensic examinations occur as a result of the emergence of a new type or kind of forensic examination, new objects and tasks of research. The development of a particular type of expertise can contribute to the formation of a new class. The most common is classification according to the field of special knowledge by types and subtypes, enshrined in the Instruction on the appointment and conduct of forensic examinations and expert research, approved by the Order of the Ministry of Justice of Ukraine.
 Historical and archaeological examination as a new type, which is currently in the process of formation and development, requires proper classification in expertise. Classifications are diverse depending on the criteria and have not only theoretical but also practical significance, allow to avoid errors in the appointment of forensic examinations and expert research, which, in turn, speeds up the study.

FORENSIC SCIENCE POSIBILITIES WITHIN THE FRAMEWORK OF CRIMINAL PROCEEDINGS WHILE AVIATION ACCIDENTS

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.

Appointment of forensic examinations during the investigation of violence against a law enforcement officer: problems and ways to solve

The aim of the study was to identify common mistakes made by investigators during the appointment of forensic examinations in criminal proceedings initiated in connection with the commission of violence against law enforcement officers, and possible ways to solve them. To achieve this goal, special research methods were used, namely: the method of system analysis, comparative legal method, system and structural and forecasting method, as well as statistical methods, including methods of grouping and analysis of quantitative indicators. It has been established that forensic examinations play an important role in the investigation of violence against law enforcement officers. It is determined that the subject of forensic examination of living persons (establishing the severity of injuries) is to determine a set of issues regarding the type of injuries, their number, nature and location, age and sequence of infliction, determining their severity etc. It is established that on average during the investigation of crimes of this category two examinations are appointed.
 On the basis of the performed analysis the possibilities of forensic medical examinations in criminal proceedings of the specified category are defined, and also the typical mistakes which investigators make at their appointment during investigation are identified. The scientific position is substantiated that the typical mistakes are: appointment of several examinations to address the same issues, incorrect definition of the type of examination, failure to provide sufficient medical data needed by the expert to address a number of issues, including criminal proceedings, late appointment of forensic examinations, incorrect posing questions to the expert. Recommendations for preventing certain mistakes are formulated.
 It is emphasized that the most effective ways to eliminate the typical mistakes of investigators are to provide systematic training with investigators with the participation of practicing forensic experts. It is proved that the solution of certain problems is possible only by making appropriate changes in the current criminal procedure legislation.

On the Appointment of Forensic Examinations in Cases of forgery of Documents

Based on the analysis of scientific literature and forensic investigation practice, the authors consider the issues of appointment of handwriting and technical and forensic examinations in cases of forgery of documents.

On the implementation of the principles and features of the appointment of judicial examination in civil judicial proceedings

The article is devoted to the aspects of the implementation of the principles and the specifics of the appointment of forensic examination in civil proceedings. The system of normative legal acts on forensic examination in civil proceedings has been investigated. The relationship between the concepts of "expertise" and "forensic examination" have been determined and analyzed. The characteristic features of forensic examination have been studied: first, forensic examination is determined by a specific procedural form; secondly, it can be carried out on the basis of a court order; thirdly, forensic examination is carried out by a forensic expert; fourthly, a correctly drawn up expert opinion is a means of proof in civil proceedings; fifth, the results of the forensic examination are used by the court. Highlighted and analyzed are the principles of forensic examination in civil proceedings, provided for by Art. 3 of the Law of Ukraine "On Forensic Expertise", namely the legality, independence, objectivity and completeness of the study. Separately, the set of conditions for which, in accordance with Art. 103 of the Civil Procedure Code of Ukraine, the court appoints an examination of the case: firstly, to establish the circumstances that may be significant for the case, for the sake of which special knowledge is required in a field other than law, without which it is impossible to establish the relevant circumstances; secondly, in the case when the parties or the party did not present the expert's opinion on a specific issue or the expert's opinion raises doubts about its correctness. A list of specific actions that the court at the stage of deciding on the appointment of a forensic examination has the right to implement in accordance with the Resolution of the Plenum of the Supreme Court of Ukraine dated May 30, 1997 No. 8 "On forensic examination in criminal and civil cases" is provided. The aspects of the appointment and conduct of forensic examination in civil proceedings are analyzed. The facts are highlighted that should be taken into account when deciding on the advisability of appointing an examination in a civil case

On the Need to Unify the Conceptual Apparatus in Forensic Activities

The article deals with issues related to the unification of concepts and terms in forensic activities and industry procedural codes. The need to revise the conceptual apparatus is caused, not only by different interpretations of certain terms and concepts, but also in some cases by their contradictions. Bringing them to a uniform understanding will contribute to the correct appointment of forensic examinations, adequate perception of commission and complex examinations, and evaluation of expert opinions by the bodies that appointed them.

Некоторые особенности подготовки и назначения экспертиз при расследовании уголовных дел о преступлениях, воспрепятствующих осуществлению правосудия

In the framework of this article, the author, based on his dissertation research, presents for public discussion a number of issues that, in his view, are quite important and relevant aspects related to the specifics of the preparation and appointment of forensic examinations in criminal cases of crimes that obstruct the administration of justice. The reader is presented with the results of the study, which revealed quite often appointed forensic examinations in the framework of the category of criminal cases under consideration. Their percentage ratio is noted, some features are outlined from the standpoint of forensic tactics; some examples from judicial and investigative practices are given, and so on. It is advisable to take into account that the correct choice of tactical and scientific recommendations is paramount for the investigator. Depending on what tactics the investigator chooses, it will depend on how quickly he can appoint and conduct a particular forensic examination. Taking into account the fact that there are often errors in the appointment and direct production of examinations, the author of this article offers his own algorithm of actions and some recommendations for practical employees, and notes a number of identified features of those examinations that are assigned and performed for the studied category of criminal cases.

Організація проведення судових експертиз та експертних досліджень з економічних питань

The article studies the organization of forensic examinations and expert research on economic issues. The objective of the article is to study the peculiarities of the organization of forensic examinations and expert research on economic issues, including practical activities of Kirovohrad State Research Forensic Centre of the Ministry of Internal Affairs of Ukraine. The study was conducted on the basis of the systematic approach using methods of analysis, generalization, grouping and comparison. The method of graphical representation was used for better perception of information about the organization of forensic examinations and expert research on economic issues. It was found that forensic examination and expert research on economic issues is appointed on general grounds in compliance with the Law of Ukraine "On Forensic Examination", Instruction on appointment and conduct of forensic examinations and expert research and Scientific and methodological recommendations on preparation and appointment of forensic examinations and expert research and procedural law. Forensic economic examination includes: examination of accounting documents, tax accounting and reporting; examination of documents on economic activity of enterprises and organizations; examination of documents of financial and credit transactions. Judicial expertise and expert research on economic issues are subordinated to the Ministry of Justice of Ukraine and expert services of the Ministry of Internal Affairs of Ukraine, the Ministry of Defense of Ukraine, the Security Service of Ukraine and the State Border Guard Service of Ukraine. In general, the procedure for the appointment and conduct of forensic examinations and expert research on economic issues, as well as the rights, duties and responsibilities of forensic experts in procedural law are similar. It is established that the basis for the forensic examination is the relevant court decision or the decision of the pre-trial investigation body, or a contract with an expert or expert institution if the examination is conducted at the request of others. It is determined that in Ukraine, in accordance with the procedural legislation of Ukraine, experts perform primary, additional, repeated, commission and complex examinations, and expert examinations are performed in the manner prescribed for examinations. The peculiarities of the organization of complex and commission forensic economic examination are generalized. Prospects for further research are seen in the analysis of the existing procedure for documenting the results of examinations and expert studies, features of the choice of research methods and methods of forensic economic examinations, as well as in improving regulations and normative documents on the organization of forensic examinations and expert research on economic issues.

Forms of using special knowledge in criminal proceedings: theoretical and praxeological aspects

The author has outlined topical issues of using special knowledge in criminal proceedings. He has emphasized that in order to comply with the principles of criminal procedure legislation and timely referral of criminal proceedings to court, law enforcement agencies must use modern advances in science and technology and be aware of the possibilities of special knowledge. To this end, the main forms of use of special knowledge, their harmonization with regulations and laws have bee highlighted. The scientists’ opinions on this subject have been analyzed. Various criteria for classification of forms of special knowledge have been specified. The focus is on those forms of use of special knowledge that are of the greatest importance for the pre-trial investigation, as well as the direct use of special knowledge by the investigator, prosecutor, given their functional responsibilities. Emphasis has been placed on the separation of functions of a forensic expert and a specialist, the reform of the Expert Service of the Ministry of Internal Affairs of Ukraine has been analyzed, both positive aspects and shortcomings of informed persons during investigative (search) actions have been noted. The tmphasis has been placed on the important role of such an investigative (search) action as the appointment of forensic examinations, indicating the errors and miscalculations made by the investigator, prosecutor during the collection of necessary materials, selection of comparative samples for expert examination. Particular emphasis has been placed on asking questions to the expert to address, their consistency with the objectives of specific criminal proceedings and ways to avoid common mistakes. The advisory assistance of knowledgeable persons is emphasized and its separation from the reference form of use of special knowledge has been proved. Based on the opinions of scientists, the author has proposed to use both oral and written consultation.

Pressing Issues of Forensic and Expert Support for the Investigation of Iatrogenic Crimes

There has been an increase in the relevance of forensic and expert support for investigating the negligent harm caused by health workers to patients' health, often resulting in death. Such actions (inaction) of medical workers are identified as a specific category of “iatrogenic crimes”. The forensic characteristic of iatrogenic crimes has some distinct features, including their subject, distinctiveness of the circumstances that occur during diagnostic, treatment, and rehabilitation procedures, as well as the ways of hiding the traces of a crime. To improve the quality of the investigation of iatrogenic crimes, the author proposes to create a forensic information network, substantiates the need to ensure the possibility of remote consultations for investigators with highly qualified medical specialists using telemedicine technologies, and to conduct thorough preparation for the appointment of forensic examinations. It is recommended that the concluding documents of every investigation and trial of iatrogenic crimes include a more detailed presentation of the progress and results of expert opinions' assessment.

PROBLEMS OF APPOINTMENT AND CONDUCT OF FORENSIC EXAMINATIONS IN THE FIELD OF INTELLECTUAL PROPERTY

Intellectual property today is a powerful factor in progress, which largely determines the trends of the modern world. Therefore, the protection of intellectual property rights is one of the most important tasks of the state and society, which seeks to take a worthy place in the world community. The purpose of the article is to study the problem issues regarding the appointment of forensic examinations in the field of intellectual property and analysis of the ways of their solution. The urgency of the study is due to the rapid increase in the number of unlawful actions in the field of intellectual property. The study was conducted on the basis of the method of system analysis and generalization of information obtained during the survey conducted by the category of investigators who carry out pre-trial investigation of unlawful actions against the objects of intellectual property, as well as reports from the Ministry of Internal Affairs of Ukraine and the National Police of Ukraine for 2012, 2016-2018 years. The changes in the legislation regulating legal relations in the field of intellectual property are analyzed, as well as the correlation of state and non-state special expert institutions performing expert research on intellectual property objects. The key issues that will contribute to improving the quality of both the research itself and the overall investigation process are outlined.