Procedural Violations Research Articles

Procedural Violations of Antimonopoly Legislation (Current Positions of Collegial Bodies of the Federal Antimonopoly Service)

The current approaches of the collegial bodies of the Federal Antimonopoly Service to the review of decisions of territorial bodies in cases of procedural violations when considering cases of violations of antimonopoly legislation are considered.The importance of timely prevention and suppression of violations of legislation by authorities (including antimonopoly authorities) performing the functions of government and supervision is substantiated in order to achieve the goals of economic development and maintain a favorable climate in the field of entrepreneurship.The legal positions of the Appellate Board of the FAS Russia play an important role in ensuring that territorial bodies correctly qualify violations of antimonopoly legislation by business entities and comply with the order (procedure) for considering antimonopoly cases.The influence of strict adherence to the procedure for considering antimonopoly cases on the legality of qualifying the relevant offenses is substantiated.An analysis of the positions of the collegial bodies of the FAS of Russia on individual facts of procedural violations committed by territorial bodies when considering cases of violation of antimonopoly legislation was carried out.

Why is the risk of industrial non-routine activities high and how can it be evaluated? An integrated approach

Non-routine activities such as startup, shutdown, maintenance, and operation commissioning require increased human interaction with the corresponding process. Owing to operator or procedural violations, the risk of accidents can be high during non-routine activities, even though they are performed less frequently. To identify and evaluate the hazards of non-routine processes, an integrated method combining job hazard analysis (JHA), hazard and operability analysis (HAZOP), and deviation degrees is proposed. JHA is applied to break down an operational process into steps, which are further defined as nodes in HAZOP for hazard scenario analysis. The concept of deviation degree is defined by integrating the operational and control function deviations to quantify the deviation analysis. Finally, the heating-furnace startup process in an oil and gas gathering and transmission station was selected to illustrate the proposed integrated method. The results show that this method constitutes a systematical and intuitive approach to identify hazard scenarios and evaluate risks, as well as to establish preventive measures for non-routine processes.

Accident case-driven study on the causal modeling and prevention strategies of coal-mine gas-explosion accidents: A systematic analysis of coal-mine accidents in China

Post-accident prevention measures in Chinese coal mining enterprises were based on single accident case training, and the learning of accident information is limited to the violation in the accident or incident. The nature of accidents proves that accident prevention encompasses not only visible violations and hazardous materials, but also deep-rooted organizational factors. How to obtain valuable and learnable safety information from limited accident date remains a key issue. This study investigated the use of a modeled accident-prevention framework for combining accident case data to construct an accident causation network for targeted data mining, which in turn could help obtain accident-prevention measures with more control values. The results of the study showed that (1) A framework for categorizing the factors influencing coal mine accidents, including four layers and 42 indicators, was identified through a literature review and factor extraction from 86 coal mine accident reports. (2) A causation network model of gas-explosion accidents comprising 163 accident causation nodes and 681 connected edges was established, and SP02(failure to implement the stop production instruction), SA01 (poor awareness of system compliance), PB03(fluke psychology) and SH01(habitual violation of procedures and rules) were the most influential accidental causes in the accidental network. (3) An F-Score-based attack strategy for accident-causing networks was proposed, which is superior to generalized attack strategies for reducing accident network connectivity and more conducive to rapidly obtaining accident prevention priorities. (4) A gas explosion accident prevention strategy based on the combination of accident network model and dynamic Bayesian network was constructed, and inference simulation was performed for four cases such as IA01 (unchecked gas concentration), verifying that it has the possibility of predicting accident hazards in the workplace. This study provided accident data-driven prevention interventions to reduce future mining accidents.

Differentiation of grounds for disciplinary liability of judges

The article focuses on the distinction between the grounds for disciplinary liability of judges. It is noted that the main reason for different qualification of similar violations of judges is a large number of evaluative concepts among the grounds for disciplinary liability. The corpus delicti of judicial misconduct have a large number of similar features in terms of content, and therefore the practice of their application is complex and controversial. The issue of distinguishing between the elements of disciplinary misconduct requires special attention, since the severity of the type of penalty chosen by a judge depends on the accuracy of the disciplinary and legal qualification. The author emphasizes that the reasons for the problem of distinguishing the grounds for disciplinary liability of judges are their broad formulations at the legislative level, a large number of evaluative concepts and an increase in the number of related corpus delicti over the past decades. Examples from disciplinary practice show that there are no uniform approaches to the qualification of disciplinary offenses related to procedural violations of judges in the administration of justice. In some cases, similar procedural violations are qualified only on one ground, in some cases – on another ground, and in others – on several grounds. Different disciplinary and legal qualifications of similar judicial misconduct lead to different disciplinary sanctions. The author emphasizes that it is important not only to identify consistent legal positions on the disciplinary and legal qualification of judicial misconduct, but also to offer future disciplinary inspectors a certain standard algorithm of actions and methodology for qualifying judicial misconduct during an inspection. In order to avoid criticism and accusations of double standards, it is important to develop and put them into practice. Key words: disciplinary liability of judges, grounds for disciplinary liability, disciplinary offenses, disciplinary sanctions, qualification of violations..

Defence via Videoconference Technology in Morocco: A Procedural Violation or the Future of the Criminal Trial?

عرفت المملكة المغربية، شأنها شأن العديد من دول العالم، خلال فترة الإغلاق الصحي، تزايد اعتماد المحاكم على تكنولوجيا الفيديوكونفرنس من أجل تسهيل مثول المتهمين عن بعد خلال جلسات المحاكمات؛ من أجل ضمان استمرار المرفق القضائي، في محاولة للوفاء بحق المتهم في محاكمة تحترم الضمانات الأساسية، وعلى الخصوص المحاكمة بأجل معقول. يهدف البحث إلى مقاربة مختلف الانشغالات القانونية والقضائية التي تطرحها تقنية الفيديوكونفرنس المستعملة في جلسات المحاكمة عن بعد، وبالنتيجة التأسيس المتين والواضح لأي قرار يهم التخلي عن الجلسات التقليدية، والتوجه مستقبلا، بشكل مباشر، نحو الجلسات عن بعد. أخذًا بعين الاعتبار الطبيعة الخاصة للموضوع، الذي يتداخل فيه ما هو قانوني مع ما هو تكنولوجي، واجتماعي، ونفسي، اعتمد الباحث في هذه الدراسة على منهج تحليلي، يستند بالأساس على تحليل نتائج دراسات حول تأثير الفيديوكونفرنس، أنجزت في العديد من المجالات العلمية، وعلى ملاحظة واقع استخدام هذه التقنية في المحاكم المغربية، في محاولة للإحاطة الشاملة بالأثر الذي يحدثه هذا الواقع على المحاكمة. توصل البحث إلى عدة نتائج، تتمثل أهمها في عجز تقنية الفيديوكونفرنس عن نقل صورة محايدة وشفافة للمتهم الماثل عن بعد، وهو ما يؤثر على حقه في دفاع فاعل وملموس. أكثر من ذلك، تسهم التقنية الأخيرة في إضعاف المبادئ الأساسية للمحاكمة وعلى رأسها الحضور والمشافهة، وهو ما ينعكس سلبًا على عدالة وإنصاف المحاكمة الجنائية.

ПРО ЗАСТОСУВАННЯ СУДАМИ КАТЕГОРІЇ «ПУБЛІЧНИЙ ПОРЯДОК» ЩОДО РІШЕНЬ МІЖНАРОДНОГО КОМЕРЦІЙНОГО АРБІТРАЖУ

The article examines the negative tendency towards excessive interference of state courts of Ukraine in international commercial arbitration by cancelling and refusing to enforce arbitral awards on grounds that go beyond the principle of legal certainty as an element of the Rule of Law. It was concluded that the expansive interpretation of the category of public order, applied in some decisions of the Supreme Court, will prevent the normal functioning of international commercial arbitration as an alternative way of commercial disputes' resolution in Ukraine, which not only undermines the investment prospects of Ukraine's economy, but also destroys the possibility of classifying Ukraine as a legal systems of civilized countries of the world, creates ample opportunities for abuses in the process of contesting and recognizing in Ukraine decisions of international commercial arbitration. It is substantiated that a violation of public order as a basis for refusing to recognize and enforce international commercial arbitration awards in Ukraine can be qualified in the case of clear disregard for direct prohibitions established by the state regarding the protection of sovereignty, fundamental human rights and freedoms. One of the ways to solve these problems is to the establish a legal ban on the execution of an arbitral awards in favour of the occupying country and persons related with it. Types of violations of the arbitration procedure as grounds for contesting an international commercial arbitration award or refusing to enforce it are comprehensively regulated in the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958), and cannot be based on expansive interpretation by the court of the arbitration procedure from the point of view of compliance with the norms established by the Civil Procedure Code and the Economic Procedure Code of Ukraine.

Constitutional Law Regulation of the Use of Digital Technologies in Video Surveillance over Elections and Referendums

Elections and referendums are the main ways of free expression of the will of Russian citizens concerning political and other issues of importance to society. The significance of these forms of citizen participation in the life of Russian society presupposes the existence of legislative mechanisms for their regulation. At the same time, the introduction of modern technologies that make it possible to exclude the possibility of falsifications and other violations of election and referendum procedures is of particular importance. Video surveillance is one of the digital technologies that can increase the confidence of citizens in these methods of their free expression. The paper is devoted to constitutional law regulation of the use of digital technologies in video surveillance over elections and referendums. The paper considers in detail a set of regulatory and legal sources, on the basis of which the use of video surveillance systems in voting premises at polling stations is regulated. The author analyzes legislative acts that explain the specifics of the use of video surveillance during elections and referendums, mainly federal laws, as well as resolutions of the Central Election Commission of the Russian Federation. In conclusion, the author dwells on the prospects and effectiveness of the use of modern digital technologies in the implementation of video surveillance over the course of elections and referendums.

Inappropriate use of budget funds, implementation of budget expenditures or provision of loans from the budget without the established budget allocations or exceeding them

The full-scale military aggression of the Russian Federation not only violated the territorial integrity of our state, but also significantly deformed the entire system of global and regional security, increased the level and severity of criminal offenses. Non-targeted use of budget funds, in particular, spending from the budget or providing loans from the budget without the established budget allocations or exceeding them. In addition, a part of such subjects is a symbiosis of criminal organizations and the state, where the latter through its bodies uses criminal means, methods and types of activities to achieve its own goals or is completely dependent on such organizations, which, in turn, use state policy to concealing the essence of one’s activity.
 This article deals with the issue of misuse of budget funds, in particular, making expenditures from the budget or providing loans from the budget without the established budget allocations or exceeding them. The causes, consequences and possible ways to prevent such a negative phenomenon are analyzed.
 Cases of violations of budget procedures and violations that may have a negative impact on financial stability and the efficiency of the use of budget resources are considered in detail.
 The author of the article analyzes the legislative framework related to budget management and considers recommendations for strengthening control and responsibility for the use of budget funds. This article aims to raise awareness of the problem of inappropriate use of budget resources and contribute to the improvement of budget management to achieve greater efficiency and transparency in the use of public finances.
 This article is a valuable source of information for specialists, researchers and legislators who deal with the problem of inappropriate use of budget funds, implementation of budget expenditures or provision of loans from the budget without established budget allocations or exceeding them. It emphasizes the need for joint efforts of all interested parties to prevent this phenomenon and to ensure effective measures against misuse of budget funds, implementation of budget expenditures or provision of loans from the budget without established budget allocations or exceeding them.

Tinjauan Yuridis Perjanjian Waralaba Menurut Hukum Positif di Indonesia

A franchise is a form of business partnership between two parties known as the franchisor and the franchisee. During the partnership period, the franchisee has the right to use the franchise's trademarks, business systems, technical assistance, and training, as well as other important aspects related to the business. In fact, a franchise agreement has a fairly high level of complexity because it involves many aspects and certain details that must be considered by both parties. The relationship between franchising and default is very close because the implementation of the contract is difficult when there is disagreement about the rights and obligations of each party in the franchise cooperation. If there is a violation on the part of the franchisor, the franchisor has the potential to take legal action. Such violations may include non-compliance with or violation of established procedures in promoting and disseminating the franchise mark, as well as non-compliance with the rules set by the franchisor in managing the business. By conducting this review, it is hoped that it will provide a firmer and more thorough understanding of franchise contracts from the perspective of positive law in Indonesia, so that all parties involved in the agreement can understand their rights and responsibilities and avoid possible legal problems in the future.

On the questioning of the lawyer as a witness

The article discusses such concepts as witness immunity and the prohibition of questioning a person as a witness. This issue is being investigated in the context of the fact that these are two independent concepts and the allocation of each of them has its own basis: persons with witness immunity are exempt from the obligation to testify due to the presence of kinship and family relations, and the prohibition of questioning a person as a witness is associated with the implementation of certain activities by this person. The main focus is on the prohibition of interrogation as a witness by a lawyer. Based on the study of judicial practice, including the legal positions of the Constitutional Court of the Russian Federation, the author notes a gradual transition from an absolute ban on questioning a lawyer to giving courts the opportunity to interrogate a lawyer as a witness without his consent and the consent of the client. The article gives a critical assessment of the approach to solving this issue, which has developed in practice, which changes the position of a lawyer in criminal proceedings: from the position of a representative, a defender to the position of an eyewitness to certain events. It is noted that this approach is obviously incorrect, and this position is justified. The author comes to the conclusion that lawyers are involved in criminal proceedings in order to combat procedural violations of the rights of their principals as lawyers (persons with the necessary professional knowledge and skills), and not in order to subsequently testify about the violations seen as a witness. It is unacceptable to constantly consider a lawyer as an eyewitness of illegal actions, and not as a defender of his clients from these illegal actions, otherwise lawyers will not be able to provide qualified legal assistance. The authors of the article consider the position of the courts to be correct, in which the courts recognize the interrogation of a lawyer as a witness as illegal with the recognition of the testimony received from the lawyer as inadmissible evidence.

Current challenges of university laboratory: Characteristics of human factors and safety management system deficiencies based on accident statistics

Introduction: In recent years, with the rapid development of university laboratory construction, frequent laboratory accidents have aroused widespread concern. There is an urgent need to improve laboratory safety management's effectiveness further, enhance laboratory accident prevention ability, and reduce the occurrence of accidents. Method: Based on the accident causation theory, this paper uses the accident analysis path of 24Model and the logical idea of WBA (Why-Because-Analysis) to statistically analyze the causative factors of 64 typical college laboratory fire and explosion accidents and find out the defects of current college laboratory management. Results: The study showed that unsafe human actions at the individual level were the most critical factors affecting laboratory safety management, with a high frequency of violations of experimental procedures (105 times) and managers' failure to perform their supervisory duties (98 times); low safety awareness and insufficient safety knowledge among laboratory personnel were key factors triggering unsafe actions. At the organizational level, the lack of training programs (92 times) and the lack of systematic procedures (106 times) are the weaknesses of the laboratory safety management system in general in all universities; the lack of safety culture construction is the root cause of laboratory management deficiencies. Conclusions: Based on the above statistical results, and taking into account the characteristics of university laboratories themselves, the root causes of poor safety are specifically analyzed and preventive measures are proposed in six areas to address the key causes of accidents. Practical Applications: The results of this study are essential for improving the ability to prevent accidents in flammable and explosive laboratories in universities.

Violation of The Law in The Case of Divorce Verstek

The research aims to answer the problem of legal violations in verstek divorce cases. This research is an empirical legal research with a qualitative approach, and data collection in this research uses observation, interview, and data analysis techniques. This research found that in verstek divorce cases, violations of the law can occur if there are violations of procedures or rights guaranteed by law in the divorce process. The following are some examples of legal violations that may occur in verstek divorce cases, namely violation of the rights of absent parties, non-compliance with procedural requirements, violation of the rights of absent parties in the decision, fraud or manipulation in the divorce process. Forms of violation of taklik talak which are used as reasons for filing for divorce, among others, leaving the wife for 2 consecutive years, not providing mandatory maintenance for 3 months, hurting the wife's body / body or, neglecting or not caring for the wife for 6 months or more.
 Keywords: Violations Law; Divorce; Verstek

Why do major chemical accidents still happen in China: Analysis from a process safety management perspective

As an important consideration in the chemical industry, chemical process safety has received notable attention in China. However, catastrophic chemical accidents still occur. To better understand why accidents continue to occur, this paper presented a diagnostic analysis of 14 major chemical accidents in China from 2012 to 2022 based on VOSviewer software. The authors analysed the correlation between the accident causation and their relationship with the safety management elements. The study observed that inferior process safety culture, intentional violation (rule-breaking) of procedure, inadequate safety training, and illegal operations were the most frequent causes of accidents. These causes highlighted the prominent gaps in PSM in China in the process safety culture, compliance with standards, the conduct of operations, process safety competency, and training & performance assurance. The results based on co-occurrence analysis indicated a strong correlation between these gaps in PSM. Enterprises should pay attention to collaborative management among them. These deficiencies in the enterprise’s PSM system showed that the essential defects in China’s chemical industry are a poor safety culture, inadequate accident investigation, inadequate training, and a lack of chemical safety personnel. The study recommended that the chemical industry establish superior process safety culture and competency for all personnel, monitor leading and lagging process safety indicators, apply inherent safety, and practice advanced safety management concepts. We hope that the findings can provide China’s perspectives and strengths for global chemical safety.

Certain Relevant Issues of Interviewing Minors and Victims in the Practice of Law Enforcement Institutions During Criminal Proceedings

Over a decade ago, an audit was conducted in Lithuania to assess the protection of children’s rights during criminal proceedings. The audit identified various shortcomings and issues related to child interviews. These problems were addressed in 2017 with the implementation of amendments to the Law on Criminal Procedure of the Republic of Lithuania, which have been in effect for over five years. This article aims to analyze the current practices, particularly in recent years, of law enforcement institutions when conducting interviews with minor witnesses and victims during criminal proceedings. Through analysis and empirical research, it was found that minors are frequently questioned outside of designated child interview rooms for unjustifiable reasons. Furthermore, their rights, particularly the right not to testify against their relatives or family members, are not always adequately explained to them. The legal significance of such procedural violations is discussed. Additionally, it is highlighted that employees of the Child Rights Protection and Adoption Service often lack proper preparation for conducting interviews with children. The article concludes by summarizing other findings from the empirical research.

Reliability Assessment of NPP Safety Class Equipment Considering the Manufacturing Quality Assurance Process

Quality and safety are intensely related and go hand in hand. Quality of the safety-grade equipment is very important for the safety of a nuclear power plant (NPP) and achieving production goals. During manufacturing of plant components or equipment, deviation from the design might occur at different stages of manufacturing for various reasons, such as a lack of skilled manpower, deviation of materials, human errors, malfunction of equipment, violation of manufacturing procedure, etc. These deviations can be assessed cautiously and taken into consideration in the final safety analysis report (FSAR) before issuing an operating license. In this paper, we propose a Bayesian belief network for quality assessment of safety class equipment of NPPs with a few examples. The proposed procedure is a holistic approach for estimation of equipment failure probability considering manufacturing deviations and errors. Case studies for safety-class dry transformers and reactor pressurizers employing the proposed method are also presented in this article. This study provides insights for probabilistic safety assessment engineers and nuclear plant regulators for improved assessment of NPP safety.

THE IMPLEMENTATION OF THE SUSPECT'S RIGHTS IN THE LEGALITY OF PRETRIAL INVESTIGATION

The purpose of this study is examine the legality of the investigative process at pretrial hearings and their constraints. The normative legal research method supported by empirical legal research is used in this study. The results of the study found that the suspect's right to test the legality of the investigation process at the pretrial hearing has been implemented through legal procedures in accordance with the provisions of Article 77, Article 79, Article 82 and Article 95 of the Criminal Procedure Code. In its implementation, out of a total of 40 cases, 15 cases were rejected, 7 cases were granted, 7 cases were withdrawn, 4 cases could not be accepted, 6 cases were declared disqualified, 1 case was still in trial. As a result, it was found that there were procedural errors and violations of rights committed by investigators, so that during the examination the pretrial hearing was declared invalid. Obstacles for a legality test for the investigation process through a pretrial hearing include: the pretrial request was declared invalid, declared unacceptable, the difficulty for the suspect to find legal counsel who could win his case, the high cost of paying attorneys, the suspect's ignorance and ignorance of legal issues.

MANAGEMENT OF FINANCIAL RISKS OF ENTERPRISES AS A PREVENTION COMPONENT OF THEIR FINANCIAL INSTABILITY AND BANKRUPTCY FOR THE SUSTAINABLE DEVELOPMENT ACHIEVING

The development is impossible without ups and downs, as a result the stability is disrupted. It is hypothesized that development cannot occur continuously, and therefore it does not exclude the possibility of unstable states. The enterprise unsustainable development is characterized by its financial failure, which is identified with its bankruptcy. At the same time, bankruptcy and liquidation of enterprises in Ukraine is currently a fairly common phenomenon. The purpose of the article is to systematize the methods of financial risk management of enterprises as an ingredient prevention of their financial instability and bankruptcy for achieving sustainable development. A set of general scientific and special research methods were used to solve the set tasks, in particular: generalization and comparison - to establish similarities and differences between the results of research by other authors regarding their understanding of the essence of the categories "development", "sustainable development" and "risk"; grouping of indicators - to operate with information of the kinds and types of risks existing in the scientific literature and to operate with statistical data of the initiated bankruptcy procedures number of legal entities in Ukraine; mathematical - to develop a model for determining the maximum allowable value of lost cash flow of the enterprise, graphic - to visualize the presentation of information, etc. It is substantiated that the prevention of bankruptcy of enterprises is a tool for the sustainable development ensuring. An economic and legal tool is the plan of sustainable development of the enterprise that helps to solve the problem. Its component should be an economic analysis of the company's financial condition. At the same time, any enterprise carries risks related with its business activities. Scientists mostly recommend to use the minimum cost criterion for measures to reduce risk to its acceptable level as the main criterion for risk management. However, the question arises: what risk is considered to be acceptable? For the determination it is advisable to model the movement of the company's cash flows and to identify the limits that lead to unacceptable results for the company, For example, that can lead to the deterioration of the company's financial condition as well as to its bankruptcy and even liquidation. It is taken into account that the economic activity of the enterprise can take place both under normal operating conditions and burdened by certain extraordinary events. The method of determining the maximum permissible risks for enterprises of two groups is substantiated: for the ones, which violation of the bankruptcy procedure in general is possible; for the ones, which violation of the bankruptcy procedure is unlikely. The events that determine the risks during the export of products are considered.

형사사건의 선결문제에서 수소법원(受訴法院)의 심사범위와 그 한계

In the preliminaries of criminal cases, it is still a difficult question whether the criminal court can examine the illegality or effectiveness of administrative dispositions related to the elements of the crime. In a criminal case, it is reasonable to assume that the court of a lawsuit can examine and judge the violation of the administrative disposition, which has become a matter for a prior decision, in a limited way. If the illegality of the administrative disposition, which became a matter of pre-determined, is objectively clear and it is not necessary to punish the accused, etc. the criminal court may recognize the illegality of the administrative disposition. This is the case when the competent administrative agency clearly violates an essential procedural requirement stipulated by the statute or when the precedent for the illegality of the administrative dispositions is firm. However, when the violation of the Administrative Procedure Act or procedural error in administrative dispositions is disputed in interpretation, it is not desirable for the criminal court, not the administrative court, to actively review the illegality of the administrative disposition. In addition, the criminal court needs to be more careful when examining the substantive illegality of the administrative disposition, which is a preliminary question. It is the jurisdiction of the administrative court as a specialized court to examine the substantive illegality of an administrative disposition through the discretionary or balancing theory, the general principles of administrative law. In an investigation process, the prosecutor cannot closely examine the substantive and procedural illegality of the administrative disposition, which is a component of the crime. The Constitutional Court of Korea directly should not cancel an administrative act on the ground of procedural illegality in the constitutional complaint adjudication on suspension of the indictment. It may violate the jurisdiction of the specialized court. Procedural errors in administrative dispositions are not subject to adjudication in constitutional complaints, and judgments on their violations fall within the competence of the administrative court. This is not a question of constitutional interpretation but statutory interpretation.

An Attempt at Historical and Legal Analysis of the Activities of the VI Section of the So-Called People's Court in March 1945

The aim of this article is to reveal the judicial and extra-judicial factors of the trial of the VI section of the “People’s Court” in Sofia, held in the spring of 1945. The emphasis is on the legal framework, the manner of the trial, the procedure violations and the judicial and extra-judicial mechanisms used to achieve specific results, corresponding to the political goals of this trial aimed at convicting people associated with the pro-German propaganda in Bulgaria during World War II. The study applies the historical-legal method. The factors determining the trial are analyzed, as well as the penal and repressive role of the trial itself in establishing the power of the Fatherland Front after the coup of 9 September 1944.

Peculiarities of Using the Non-Procedural Forms of Special Knowledge During Investigations of Destruction or Damage of Forest Plantations

The purpose of the research is to study and highlight peculiarities of using the non-procedural forms of special knowledge during investigations of destruction or damage of forest plantations. Practice shows that success in investigation of any crime is achieved, including at the expense of comprehensive scientific and technical accompaniment of subjects of investigation activities. In turn, special knowledge, applied in a non-procedural form, in some cases, can play a decisive role in the investigation. The paper presents peculiarities of using non-procedural forms of destruction or damage of forest plantations. Particular attention is paid to consulting as the main non-procedural form of using special knowledge. The research described typical investigative situations during investigation of destruction or damage of forest plantations, in which it is possible to obtain advisory assistance by the subjects of the investigation. It also considered the possibilities of using special knowledge by the defense, the purpose of which is to identify procedural and methodological violations in the collection of evidence.