Appointment Of Forensic Examinations Research Articles

FEATURES OF THE PREPARATION AND APPOINTMENT OF FORENSIC EXAMINATION OF VEHICLES AND REGISTRATION DOCUMENTS

The article analyzes the features of the preparation and appointment of forensic examination of vehicles, procedural and tactical requirements for this examination. The vehicle is a special object of forensics, which imposes certain restrictions on its preparation for examination.
 Specific requirements for the tactics of investigative actions with this object are intended to ensure the legality and admissibility of evidence for criminal proceedings. The vehicle is also an object for conducting expert studies of various types. The issue of changing the identification numbers (body, engine), determining the year of manufacture, replacing the data carriers about the car (number and code plates, etc.) are resolved by means of traceability. To solve the issue of replacing the body number by replacing the panel with a number plate, a complex forensic chemical (paintwork research) and trace evidence examination are appointed.
 The issue of re-equipment of the vehicle is solved by complex trace evidence and commodity expertise, etc. The complexity of the study of the vehicle and the accompanying documents requires the appointment of directly comprehensive examinations of various types.
 In the investigation of unlawful acts related to the illegal movement of vehicles across the customs border of Ukraine, auto-merchandising and transport- merchandising examinations can also be carried out to solve the problems associated with determining the market value of wheeled vehicles, their components, as well as the amount of the cost of material losses caused to the owner or to the owner of wheeled vehicles, their components due to damage to the latter. The indicated examinations are quite often appointed in conjunction with the trace evidence examination.
 The fulfillment of certain procedural requirements is designed to ensure the legality and admissibility of evidence obtained in the course of investigative actions and the results of forensic examinations conducted by them.

Forensic activity in the modern criminal process

The article examines the concept of « forensic activity » , its elements, essence, purpose and procedural grounds for the appointment of examinations in criminal proceedings, the subjects of their conduct in modern criminal proceedings. For the first time at the legislative level, the term « forensic activity » is used in the Law of Ukraine « On Forensic Science » . It means « activities to ensure the justice of Ukraine by an independent, qualified and objective examination ». Most scholars define forensic activity as a system of actions aimed at appointing and conducting an examination in order to establish the facts of a particular criminal case, ie forensic practice. Forensic activities also include the organization of forensic institutions in general and their structural units, their scientific and methodological and information support, selection and training of forensic personnel. Thus, forensic activity covers not only the process of expert research, but also elements of expert support – scientific and methodological, legal, logistical, informational, organizational, personnel, reflects the involvement of other resources. It is believed that one of the most qualified and effective procedural forms of using special knowledge in criminal proceedings is the appointment of forensic examinations. The essence of the appointment of the examination is that the parties to the criminal proceedings and the court try to establish factual data that are essential for the investigation of the offense by using special knowledge used by the expert in the examination and can’t be obtained otherwise. The modern view of scientists on the classification of examinations, provides for their division into identification and non-identification – diagnostic, classification and situational. The organization of forensic examination consists of certain stages: preparatory, working and final. According to the latest legislative amendments to the CPC of Ukraine, the parties to criminal proceedings have the right to elect any state institution of forensic examination, or an expert that ensures the principle of procedural independence in decision-making. Therefore, the subjects of expert activity can be legal entities and individuals who organize and directly perform various types of research. Mandatory requirement for the subjects of direct research is the availability of relevant scientific knowledge in a certain field (special knowledge). Thus, during the trial, two or more opinions on the same issues may be presented as evidence at the same time, which were performed by experts from different expert institutions and agencies, both on behalf of the prosecution and the defense. In summary, it should be noted that forensic activity is a comprehensive, complete, objective and comprehensive process of research of objects, resulting in the formation and provision of scientifically sound conclusions about their properties, the possibility of the existence of certain facts and phenomena. As well as other issues that can be resolved using the expertise of experts in the investigation of criminal offenses.

The order of the investigators as an object of study in conducting forensic medical examinations according to «medical» cases

The article is devoted to the problem of studying the orders of investigators on the appointment of forensic examinations in «medical» cases. The results of own research of the content of orders in the aspect of their filling with the circumstances of the case and the data necessary for the rational interaction of experts with the investigation team at the organizational stage of the examination are presented. The ways of improving the methods of carrying out examinations of this type in order to reduce the number of repeated and additional examinations, as well as interrogations of experts, and reduce the burden on state forensic institutions are proposed.

QUESTIONS THAT ARE ARRANGED WHEN CARRYING OUT THE EXAMINATION ON DOCUMENTAL CONFIRMATION OF THE FAILURE OF COMBUSTIBLE MATERIALS.

One of the most important tasks of economic expertise in the study of accounting, tax accounting and reporting documents, which are established by the Scientific and Methodological Recommendations on the preparation and appointment of forensic examinations and expert studies, approved by order of the Ministry of Justice of Ukraine of October 8, 1998 № 53/5, is the definition of a documentary confirmation of the size of the shortage of fixed assets, material values, stocks, including the shortage of fuel and lubricants.
 The above regulatory document to the indicative list of issues addressed by this type of forensic examination included the following:
 - Is the shortage of fixed assets, material values, stocks (including fuel and lubricants) established by the inventory report at the enterprise (the name of the enterprise is indicated) documented for the period of the materially responsible person (the employee is indicated, the materially responsible person) in the amount of (indicate quantitative and value indicators) as of (date indicated)?
 In the modern world, business entities for conducting accounting and tax accounting, the preparation of documents using specialized software.
 Therefore, recently, a significant part of forensic economic examinations on the issue of confirming the shortage of fixed assets, material values, stocks, including fuel and lubricants, is appointed not only for properly prepared inventory materials and accounting records of a business entity provided for research to experts, but also by screenshots (snapshots of images on the screen of documents, programs, diagrams, etc.), which in their opinion may be documentary evidence of this s accounting and inventory results.
 The article describes an example of the question put to the study, provides an analysis of the current legislation of Ukraine on the correctness of the inventory of fuels and lubricants and the determination of the shortage, as well as an algorithm for conducting expert examinations as defined by the legislation of Ukraine. Analyzed the materials provided to the expert, which cannot be documented evidence of a shortage of fuel and lubricants.

Situational Approach to Corruption Crimes Prevention: Forensic Aspect

The article addresses modern ways countering corruption. Based on the analysis of foreign experience the major trends in improvement of national and international legal anti-corruption framework are presented. The development of a high level anti-corruption culture in a society, which relates directly to transparency, publicity and repudiation of this phenomenon across all levels of government, is shown to be one of the most effective ways. Reporting on all cases of corruption should be seen as any citizen’s civil duty since corruption is considered a threat to state of law institutions, democracy, human rights and social justice.The article presents the main legal and institutional models of corruption counteraction in modern countries. It is justified that, with the current level of technology development, appointment of forensic examinations is becoming the most prevalent investigative action. They are particularly relevant in cases involving corruption.

Проблемні питання призначення судової експертизи у кримінальному провадженні

Проблемні питання призначення судової експертизи у кримінальному провадженні

Nature of legal status of the subjects of forensic activities

The paper discusses the main problems of the enforcement mechanism in the appointment and production of forensic examination. It is shown that the provisions of the current criminal procedural legislation inadequately carry out the legal regulation of the subjects of forensic activities. Particular attention is given to ensuring the rights and legitimate interests of those participating in the expert study of individuals. Analyzing the rules governing the procedure for the appointment of forensic examinations, the author draws attention to the absence of temporary restrictions on familiarizing the participants in the criminal process with the resolution on the appointment of the examination. The author justifies the possibility of vesting the defense with the right to assign expertise, which could be implemented through non-state forensic institutions or private experts. Proposals for the improvement of legislation and law enforcement practice are formulated. The theoretical conclusions formulated in the paper serve as a basis for further research of forensic issues, and can also contribute to the improvement of rule-making in this area.

ELECTRONIC CONCLUSION OF EXPERT IN CRIMINAL PROCEEDINGS

The article describes the current state and prospects of development of the expert opinion form in criminal proceedings and the communication of the latter with the participants of the proceedings, taking into account the modern information society, ways of improving this activity, including through the introduction of electronic procedural control. It is proposed to create an information and telecommunication system based on the Register of Certified Judicial Experts, which will provide for the automated creation of experts’ conclusions in electronic format (on the basis of a template system, automation of mathematical calculations, system of control of terms of execution, etc.), exchange of procedural documents with the subjects of criminal proceedings. The article also proposes a full transition to the electronic format of communication between the expert (through the relevant expert institution) and the key specialized subjects: an investigator, a prosecutor, a lawyer, an investigating judge. The task to be implemented is to transform the expert’s conclusion into an electronic format, in particular: a) to create a normative basis for involving an expert in the electronic segment of criminal proceedings by introducing amendments to the CPC of Ukraine, the Laws of Ukraine «On Forensic Examination», «On State Expertise of Land Management Documents», Instructions on the appointment and conducting of forensic examinations and expert studies and Scientific and methodological recommendations on the preparation and appointment of forensic examinations and experts research, etc .; b) creation on the basis of the Register of Certified Judicial Experts of the interactive right-realization environment (systems) for experts; c) improvement of the technical capabilities of the Unified Register of pre-trial investigations: the establishment of an interoperability system between the Unified Register of pre-trial investigations and the Advanced Register of Certified Judicial Experts, the Register of Methods for conducting forensic examinations, etc.; creation of the subsystem «Expertise» in the Unified Register of pre-trial investigations. According to the results of the study, it is proposed to reconsider the approach to the expert’s form in the criminal proceedings by transforming it into an electronic format. For the execution of certain articles. 2 of the CPC of Ukraine, the tasks of criminal proceedings in order to ensure prompt investigation, the electronic format of the expert’s conclusion is relevant both in the part of creation, transmission and use, since by means of electronic communications can be sent from an expert institution to an investigator or prosecutor, provided to the party of protection in the order st.st. 221, 290 CPC of Ukraine, etc Key words: criminal proceedings, expert opinion, electronic form, electronic control, communication.

FORMS OF SPECIAL KNOWLEDGE USE

The article deals with problematic issues regarding the forms of special knowledge use while crime investigation, legislative acts are analyzed. Based on the opinion analysis of criminalistic scientists, forms of special knowledge use divided according to different criteria into procedural and non-procedural, direct and indirect, basic and optional are detailed. The most commonly used forms are indicated, among them: appointment of forensic examinations, involvement of specialist for performing investigative actions, consulting and reference, auditing and monitoring of records, the presence of an investigator during an examination, expert questioning. Legislation changes concerning of examination by a Forensic science institution (expert) only according to the investigating judge decision or court made on the petition of one of the parties to criminal proceedings are analyzed. Positive reform aspects, as well as the argument about the loss of procedural independence of the investigator while decision making under such circumstances were highlighted; it was suggested to review the above changes. Taking into account legislation changes, the role of the specialist during the search relatively of mandatory fixation of this act by means of audio and video recording is indicated. Proposals are offered on the use of several cameras, the use of quadcopters, 3D scanners to capture of the important points for proving of the search. Problem issues existing in the units of criminalistic support during investigative actions are outlined and the mechanism of their solution is proposed. Attention is focused on the use of automated records and prospects for their development.

ОСОБЕННОСТИ НАЗНАЧЕНИЯ СУДЕБНЫХ ЭКСПЕРТИЗ ПРИ РАССЛЕДОВАНИИ ПРЕСТУПЛЕНИЙ, СВЯЗАННЫХ С НЕЗАКОННЫМ ОБОРОТОМ НАРКОТИКОВ

The relevance of the research is due to the importance of the using by investigators special knowledge in the disclosure and investigation of crimes related to illicit drug turnover. The purpose is to consider the specifics of the appointment of forensic examinations in the investigation of these crimes. Realization of the set tasks is achieved by using the laws of dialectics, formal logic and the application of general and private scientific methods of research. We conclude that the peculiarity of the investigation of crimes related to the illicit trafficking in narcotic drugs, psychotropic substances or their analogues is the crime subject establishment, that is, narcotic drugs. It is important to notice that subjects of the following crimes are only those narcotic drugs and psychotropic substances which are in the lists of specific regulatory act but not with specific chemical, pharmacological or medical characteristics. Currently experts know about 500 types of drugs. This fact leads to the fact that identifying the drug type and its characteristics without the participation of a specialist with relevant knowledge in this sphere is virtually impossible. The reliability of the expert's conclusions and the completeness of their research allow the investigation subject not only to correctly carry out the legal qualification of the investigation made at the first stage, but also to choose a strategy for further work in the criminal case.