scholarly journals The Principle of Validity: A Methodological Imperative in Forensic Practice

2018 ◽  
Vol 13 (2) ◽  
pp. 36-42
Author(s):  
Igor' A. Grigor'ev
Keyword(s):  
Forensic Science ◽  
Legal Process ◽  
Procedural Law ◽  
Forensic Practice ◽  
Forensic Expert ◽  
Expert Community

The author reflects on whether validity can be considered both a principle of law and a functional principle of forensic expert activity. Disclosing the methodological significance of validity, which is yet to be fully and consistently incorporated in the procedural law, the author concludes that validity is understood and applied by the Russian justice and expert community precisely as a principle of law, an imperative indicator of the quality of forensic science for all its procedural forms in the legal process.

scholarly journals ISSUES OF ECONOMIC EXAMINATION IN CRIMINAL PROCEEDINGS

2021 ◽  
Author(s):  
M. Poliennikov ◽  
O. Buhaienko
Keyword(s):  
Forensic Science ◽  
Judicial Review ◽  
Practical Experience ◽  
Criminal Proceedings ◽  
Comprehensive Investigation ◽  
Scientific Discussion ◽  
Procedural Law ◽  
Forensic Expert ◽  
Exhaustive List

The authors have convincingly demonstrated that the timeliness of the appointment of a forensic economic examination, the precise formulation of questions and the identification of an exhaustive list of objects submitted to the expert for study are of great importance for the objective and comprehensive investigation of crimes. The implementation of these proposals will not only optimize the process of appointing and conducting a forensic economic examination, but will contribute significantly to the efficiency of the investigation and judicial review of criminal proceedings. In the authors’ view, improvements in the detection, investigation and prevention of crimes through the lens of scientifically grounded forensic expert activity will contribute to the improvement of the efficiency and quality of the execution of forensic examinations. Without any doubts, the development of forensic science as an institution of evidence and procedural law cannot take place without scientific discussion, discussion of the results of scientific research, exchange of views and practical experience, which will make it possible to find optimum criteria for solving current problems.

scholarly journals DEYAKI ASPECTS OTSINKI RESULTS DOSLІDZHENNYA AT THE COURT-EXPERT DІYALNOSTI І VІDOBRAZHENNYA VISNOVKU

2019 ◽  
pp. 145-150
Author(s):  
Keyword(s):  
Expert Assessment ◽  
Legal Process ◽  
Judicial Process ◽  
Legal Requirements ◽  
Fundamental Knowledge ◽  
Judicial Practice ◽  
Forensic Practice ◽  
Expert Analysis ◽  
Forensic Expert ◽  
Court Expert

In this article authors touch the problems upon the expert activities, related to the evaluation of the results of the conducted researches and the reflection of these results and the expert’s conclusions regarding the proof of conclusions, analyzing the judicial practice of different countries. Explains the reasons for the different approaches of judicial experts to this part of the methodological and legal requirements and their impact on the judicial process as a whole. The authors present the results of the analysis of forensic practice of their own state. Emphasis in work is placed on the need for proper presentation of the stage of evaluation of research results when drawing up an expert opinion, so, how exactly at this stage the expert analysis is done, on the basis of the fundamental knowledge of scientific identification, diagnosis and proof. Also, the authors suggest ways to address the issues discussed. Key words: expert research, legal process, forensic expert practice, expert assessment, proof, identification.

scholarly journals Correspondence between the Terms and Defnitions of the International Standard ISO 21043-1-2018 and Terminology Developed by National Forensic Expertology

2019 ◽  
Vol 14 (1) ◽  
pp. 44-49
Author(s):  
E. V. Chesnokova
Keyword(s):  
Forensic Science ◽  
Legal System ◽  
International Communication ◽  
International Standard ◽  
Forensic Examination ◽  
Forensic Practice ◽  
The Subject ◽  
Forensic Expert ◽  
Expert Practice

The issue of developing a uniform language for international communication in the feld of forensic science is considered. The matters of relative maturity of domestic forensic expert terminology and peculiarities of translated terms usage in forensic expertology and forensic practice are discussed. The concept of expertise subject formulated by modern leading scientists is analyzed, the conclusion is made about the subject of forensic examination as a process of establishing facts and circumstances, the purely applied nature of the concept, as well as the similarity to the defnition of expertise in the ISO international standard. Specifc examples are given. The need to translate some foreign standards into Russian and to adjust and implement several of their provisions in domestic legal system and expert practice to standardize forensic and expert activity is emphasized.

scholarly journals THE NECESSITY OF REGULATION OF THE DEFINITION “DETAILED DESCRIPTION OF THE STUDIES IN THE EXPERT’S CONCLUSION”

2021 ◽  
pp. 162-175
Author(s):  
A. Poltavskyi
Keyword(s):  
Forensic Science ◽  
State Standard ◽  
International Standards ◽  
Scientific Methods ◽  
Normative Documents ◽  
Procedural Law ◽  
Forensic Examination ◽  
General Scientific ◽  
Forensic Expert ◽  
Forensic Scientists

The article deals with the problem of interpretation of the normatively fixed definition “detailed description of the studies in the expert’s conclusion”, which (that is, conclusion) is a source of evidence in the procedural law of Ukraine. There are presented the views of forensic scientists, the international standards adopted in Ukraine are analyzed, the ILAC G19: 08/2014 “Modules in a Forensic Science Process” guidelines, the draft of fifth part of the ISO 21043 standard “Reporting” regarding the content of this definition. It is stated that “the detailed description of the studies in the expert’s conclusion” is based on the dialectical-materialistic method, methods of formal logic, general scientific methods, methods of maternal sciences and special methods, that is, methodologies of conducting forensic examinations. A parallel is drawn with the latter as with normative documents that should regulate the process of description in the research part of the conclusion. Based on the obtained results of the analysis, it was concluded that in the forensic examination methodology, as a detailed program for solving an expert assignment, in the section that regulates the procedure for formalizing the research conducted by an expert conclusion, the procedure for a detailed description of the research should be determined, which allows for interpretation the results obtained (assessment of the results of the studies carried out and the formulation of conclusions) by others who did not conduct an examination, by qualified specialists having the appropriate competence to confirm the reliability of the results and formulated answers to the questions posed, including by reproducing and/or repeating the process of producing the examination. In order to solve the problem raised, it is necessary to develop the state standard of Ukraine - DSTU XXXX: 202__ “Forensic expert activity. Forensic examination methodologies. Requirements”, in which to determine, inter alia, the content of the definition “detailed description of the studies in the expert’s conclusion”.

scholarly journals The Nature and Structure of a Forensic Linguist’s Specialized Knowledge

2021 ◽  
Vol 16 (2) ◽  
pp. 18-28
Author(s):  
V. O. Kuznetsov
Keyword(s):  
Forensic Science ◽  
Complex Structure ◽  
Linguistic Knowledge ◽  
Federal Law ◽  
Present Stage ◽  
Forensic Linguistics ◽  
Specialized Knowledge ◽  
Procedural Law ◽  
Science Theory ◽  
Forensic Expert

The article addresses one of the current problems of forensic linguistics - the problem of a forensic linguist’s specialized knowledge. Basing on the study of the concept of “specialized knowledge” in legislation and the theory of forensic science and the practice of forensic linguistic analysis, the author demonstrates that a forensic linguist’s specialized knowledge is inhomogeneous in its nature. It is not limited to linguistic knowledge only but has a complex structure, which includes background knowledge, awareness of forensic science theory, and understanding of substantive and procedural law. It seems that at the present stage, such a structure of specialized knowledge of a forensic linguist most fully contributes to solving the tasks of forensic linguistics and implementing the principles of forensic expert activity regulated by Federal Law No. 73-FZ of 31.05.2001.

scholarly journals PECULIARITIES OF TRAINING AND ADVANCED TRAINING OF FINGERPRINT EXPERTS

2021 ◽  
Vol 3 ◽  
pp. 65-71
Author(s):  
I. Petrova ◽  
O. Kurdes
Keyword(s):  
Forensic Science ◽  
Professional Training ◽  
Positive Impact ◽  
Research Work ◽  
Legal Framework ◽  
Scientific Basis ◽  
Advanced Training ◽  
Forensic Expert ◽  
Education Process

The Article purpose is identification of shortcomings in training, retraining and advanced training of fingerprint experts as well as outline of scientific basis for improving this area of activity. The analysis of domestic scientists’ developments has made it possible to establish that in Ukraine there is no single unified regulatory legal act governing training, retraining and advanced training of a forensic expert, regardless of his institutional subordination. It is proved that current regulatory legal framework for professional training of forensic experts, in particular fingerprint experts, of the system of the Ministry of Justice of Ukraine is at the stage of formation and development and requires further reformation. It is necessary to highlight the section: Procedure for specialists’ training and internship in the Regulations on the Central Expert Qualification Commission under the Ministry of Justice of Ukraine and Certification of Forensic Experts, and to develop a separate regulatory legal act regarding the procedure for advanced training on its basis. Particular attention is drawn to the absence of guidelines on the organization of the education process while forensic expert training, negatively affecting the process of learning during on-site training (in forensic science institutions). Expediency of the development of guidelines on forensic experts’ training for each individual expert specialization is established, which are suggested to be added as separate R&D topics to research work plan of the Ministry of Justice of Ukraine. It is indicated that a detailed study of the introduction of such a component as mentoring into the system of forensic experts’ training is essential. It is stressed that development of the regulatory legal framework for training forensic experts abroad in corresponding forensic science institutions, and the coordination of this area of activity by the Ministry will have a positive impact not only on the quality of training but also on the acquisition of world experience with the subsequent possibility of improving methods for conducting fingerprint analyses.

scholarly journals INTERNATIONAL RESEARCH COOPERATION IS EFFECTIVE MECHANISM FOR FORENSIC SCIENCE IMPROVEMENT

2021 ◽  
Vol 3 ◽  
pp. 32-37
Author(s):  
O. Kliuiev
Keyword(s):  
Forensic Science ◽  
International Cooperation ◽  
International Research ◽  
Current Trend ◽  
Theory And Practice ◽  
Advanced Technology ◽  
Scientific Center ◽  
Research Cooperation ◽  
Forensic Practice ◽  
European Standards

The article reveals the content of international research cooperation of science forensic institutions of Ukraine other countries across the world. One of the main areas of work of forensic science institutions of Ukraine is compliance with European standards for forensic examinations and forensic researches. Because of this current trend at the present stage is to expand participation of forensic science institutions in international cooperation, increase their role in the further development of theory and practice of forensic science and criminalistics. It is concluded that improvement of forensic activity in Ukraine and international cooperation in the field of expert support of justice is one of the leading activities of National Scientific Center «Hon. Prof. M. S. Bokarius Forensic Science Institute» of the Ministry of Justice of Ukraine. The international agreements/memoranda with the partner institutions of NSC « Hon.  Prof.  M. S. Bokarius FSI» are indicated, in which provisions the main strategic directions of research cooperation in the field of forensic science and criminalistics are determined. It is concluded that in-depth research of problematic aspects of forensic practice, use of the latest and most advanced technology in conducting forensic examinations and forensic researches is the guarantee for to improving efficiency of forensic science institutions of Ukraine and in the near future will open new horizons for forensic science  and criminalistics.

scholarly journals COMPREHENSIVE ASSESSMENT OF EXPERT CONCLUSION IN CRIMINAL PROCEEDINGS

2020 ◽  
pp. 120-129
Author(s):  
O. Kravchenko ◽  
R. Zaveryko
Keyword(s):  
Due Process ◽  
Comprehensive Evaluation ◽  
Dominant Role ◽  
Individual Responsibility ◽  
Criminal Proceedings ◽  
Conceptual Issue ◽  
Procedural Law ◽  
Forensic Practice ◽  
Level Of Knowledge ◽  
Assessment Of Evidence

The authors of the article on the basis of analysis of scientific sources, forensic practice and legislation considers the conceptual issue of specifying the procedure of comprehensive evaluation of expert’s conclusion in criminal proceedings. There is a distinguishing features of this procedure is the following: the first stage examines the procedural form of the expert’s conclusion, the second – its content, the factual data on the basis of which the presence or absence of facts and circumstances relevant to criminal proceedings and subject to be proved. The criterion for assessing whether an expert’s conclusion is appropriate depends on the content of the conclusions provided to confirm or refute certain circumstances; confirmation of the reliability or inaccuracy of other evidence; the possibility or inability to use other evidence. The condition for the admissibility of an expert’s conclusion is compliance with the procedural form for conducting the examination and drawing up a conclusion, namely: compliance with the requirements of the criminal procedural law; due process registration of the appointment of the examination (decision, determination, petitions of the parties, etc.); the procedural independence and individual responsibility of the expert for the conclusion provided by him/her; immediacy of research; objectivity and reliability of the of the conducted research and conclusion; due documentation of the results of expert’s research. Objective reality indicates that doubts about the reliability of the expert’s conclusion will always be, however, if there are reasonable grounds for the unreliability of the expert’s conclusion, such a conclusion cannot be used in the process of proving. Consequently, there is a need for additional procedural actions aimed at obtaining data that confirm or refute the conclusion of the examination, among such actions is the appointment of a repeated examination. The dominant role in the criterion for assessing the sufficiency of evidence in the expert’s conclusion is played by the subjective conclusion of the initiator of the expert research, his/her inner conviction, which determines a different approach to the assessment of evidence in connection with a different level of knowledge and experience.

scholarly journals INTERNATIONAL COOPERATION OF THE EUROPEAN NETWORK OF FORENSIC SCIENCE INSTITUTES (ENFSI) AND FORENSIC INSTITUTIONS OF UKRAINE

2020 ◽  
pp. 170-182
Author(s):  
T. Kryvak ◽  
N. Baiurko
Keyword(s):  
European Commission ◽  
Forensic Science ◽  
International Cooperation ◽  
European Network ◽  
Extensive Experience ◽  
External Work ◽  
Internal Interaction ◽  
Forensic Institutions ◽  
Working Groups ◽  
Expert Community

The article deals with the main aspects of the activities of the European Network of Forensic Science Institutes (ENFSI), which is the largest European network of forensic institutions and, at the same time, one of the most significant. The main structural components of the European Network of Forensic Science Institutes (ENFSI) are analyzed. In particular, there are highlighted the main tasks and goals that the Board and the ENFSI Secretariat, expert working groups, standing committees set for the achievement of aims. The purpose of this article was to show the main internal directions of the work of the European Network of Forensic Science Institutes (ENFSI), in particular, what are the work of expert groups, the standing committees, their interaction between themselves and expert-working groups. There are also highlighted basic principles of ENFSI standing committees within the framework with the European Commission. It is also drawn attention to the main projects of the ENFSI standing committees, which are so-called Monopoly projects and which are funded by the European Commission. The article reveals not only the internal interaction of ENFSI, but also the external work of the network: in the International Forensic Expert Alliance (IFSA), interaction with Interpol and Europol. Interpol, being the most developed international organization in the fight against crime, pays significant attention to interaction and cooperation with forensic institutions. For these purposes, Interpol organizes and conducts international symposia on the entire range of forensic examinations, including forensic. The cooperation between ENFSI and Europol is no less fruitful, since Europol has extensive experience in hosting pan-European databases. Due to the interaction between ENFSI and Europol, it has been launched the Expert Platform (EPE) which offers a set of common functions customized to the needs of each expert community. Forensic institutions of Ukraine are closely involved in international cooperation in the field of forensics. In particular, the Kyiv Scientific Research Institute of Forensic Expertise of the Ministry of Justice of Ukraine, is a member of ENFSI, is actively involved in international activities, including participating in the work of working groups within the framework of ENFSI, as well as international symposia, seminars and projects.

scholarly journals National Project “Demography” and the Prospects of Demographic Growth Through the Eyes of the Expert Community

2021 ◽  
Vol 20 (3) ◽  
pp. 43-50
Author(s):  
Natalia M. Velikaya ◽  
◽  
Galina V. Tartygasheva ◽  
◽  
Keyword(s):  
Quality Of Life ◽  
Public Opinion ◽  
Migration Policy ◽  
The State ◽  
Sociological Research ◽  
Demographic Development ◽  
Foreign Countries ◽  
Russian State ◽  
Expert Community

The processes of strengthening the country’s security are inextricably linked with ensuring demographic security, preserving and supporting the population, improving the quality of life, and this direction of state and civil efforts is one of the most important for modern Russia. Within the framework of the concept of overcoming the most pressing demographic threats – depopulation and unregulated migration processes, in addition to the pro-natalist policy of the state, the creation of economic conditions for improving the quality of life in general, the most popular and at the same time controversial tool for solving demographic problems is the migration policy aimed at attracting migrants from foreign countries. countries that must solve both the demographic and economic problems of the state. The article presents the results of expert polls of sociological research in 2019 and 2021. “Monitoring of public opinion of the population regarding current socio-cultural threats”, “Image of the future of Russia” conducted by the Center for Sociological Research of the Russian State Humanitarian University using a similar method, which analyzes the public opinion of experts on trends in Russia’s demographic development and possible sociocultural threats associated with them

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