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 Sub-theory of Standardization of Forensic Activity in the General Theory of Forensic Science

2021 ◽  
Vol 16 (2) ◽  
pp. 46-52
Author(s):  
E. V. Chesnokova
Keyword(s):  
General Theory ◽  
Forensic Science ◽  
International Standard ◽  
Foreign Experience ◽  
The Subject ◽  
Forensic Expert ◽  
Calibration Laboratories ◽  
Theoretical Foundations ◽  
Theoretical Developments

The article presents the main provisions of the sub-theory of standardization in the forensic expert activity, its place in the theoretical foundations of forensic expertology, and its relationship with other sub-theories of this science.The author defines the concepts of the subject, the object of the standardization sub-theory in forensic activity, highlights its specifics. The article emphasizes the favorable impact on the development of domestic standardization in forensic activities of foreign experience in the implementation of theoretical developments on standardization, including the formation of a hierarchy of its standards. It is shown that for the development of the sub-theory of standardization in forensic science, it is advisable to use the results of the introduction of standardization mechanisms in the practice of accredited forensic laboratories under the international standard GOST ISO/IEC 17025-2019 “General requirements for the competence of testing and calibration laboratories”, taking into account the theoretical foundations of forensic science.

scholarly journals Procedural features of the interaction between the forensic expert and the investigator at the scene related to the use of firearms

Legal Ukraine ◽  
2020 ◽  
pp. 20-25
Author(s):  
Keyword(s):  
Poor Quality ◽  
Public Security ◽  
Forensic Examination ◽  
Criminal Offenses ◽  
Legislative Framework ◽  
The Subject ◽  
Forensic Expert ◽  
Conducting Research ◽  
High Level

The article examines the features of the interaction of a forensic expert and an investigator at the scene of an incident involving the use of firearms, and the determination of the expert’s error when performing his functions in the investigation of criminal offenses related to the use of firearms. The specified list of criminal offenses, the subject of which is firearms, and also analyzed the statistics on the number of registered crimes under the selected article and the percentage of these crimes to crimes against public security committed in the same year. The legislative framework governing the activities of a forensic expert has been checked. The definitions of the concept of “forensic examination” are also given, the essence of interaction between the investigator and the forensic expert is characterized and their forms are indicated. The issues of the features of conducting research with firearms by a forensic expert have been studied. It was proposed to improve the skills of forensic experts to eliminate the poor-quality conclusions of the expert and further facilitate the rapid conduct of the pre-trial investigation at a high level. It was noted about the expediency of interaction between the investigator and the forensic expert by the beginning of the appointment of a forensic examination by prior agreement of questions, the answers to which the investigator wants to see in the expert’s conclusion. It is also recommended to transfer the authority to collect materials and objects that will be subject to expert research to the forensic expert who will conduct the research, and not to the investigator or specialist. Key words: forensic expert, investigator, firearms, procedural features.

scholarly journals ABOUT CLASSIFICATION ISSUES OF FORENSIC CONSTRUCTION ENGINEERING EXAMINATIONS

2019 ◽  
Vol 20 (2) ◽  
pp. 480-492
Author(s):  
D. Puchko
Keyword(s):  
Forensic Science ◽  
Building Materials ◽  
Technical Documentation ◽  
Criminal Proceedings ◽  
Construction Engineering ◽  
Legal Proceedings ◽  
Technical Content ◽  
The Subject ◽  
Forensic Expert ◽  
Specialized Institutions

Analysis of forensic science practice indicates that object range and number of performed construction and engineering researches are constantly increasing. Considering relevance of this kind of forensic science as for the investigation of criminal proceedings and for other types of legal proceedings, the basic provisions related to the theoretical base formation of forensic construction and engendering examinations in its classification aspect are considered. Currently, the lists of types of forensic examinations and forensic expert area of specializations are valid in Ukraine. According to these lists qualification of a forensic expert is assigned to experts of forensic science institutions the Ministry of Justice of Ukraine, as well as to specialists who do not work in state specialized institutions. These Lists are annexes to the Regulation: On Qualification Commissions and Certification of Forensic Experts approved by the No. 301/5 order of the Ministry of Justice of Ukraine dated 03.03.2015. According to the specified document, as separate types of forensic examinations, forensic construction engineering, forensic land lot evaluation forensic building evaluation, forensic building evaluation and forensic road examination on corresponding types of expert areas of specialization are recorded. The subject of forensic construction engineering examination and land lot evaluation should be considered factual data and circumstances of the case (production) established on the basis of specialized expertise in construction field having evidentiary value for any type of legal proceedings while research on relevant construction objects: real estate, building materials, structures and related technical documentation. Thus, technical content of construction engineering examinations and forensic land lot evaluations involves forensic construction engineering implementation by examining relevant engineering sites analyzing technical documentation within the subject and tasks of the specified categories of examinations by the relevant subject by applying the appropriate system of research methods. These features distinguish them in independent kinds of forensic science.

scholarly journals Formation and Development of Forensic Science in the Republic of Kazakhstan

2020 ◽  
Vol 15 (1) ◽  
pp. 126-132
Author(s):  
S. Abdolla
Keyword(s):  
Forensic Science ◽  
Detailed Examination ◽  
Forensic Expertise ◽  
Significant Events ◽  
Forensic Examination ◽  
Forensic Expert ◽  
The Republic

The article gives a detailed examination of the formation and development of forensic expertise in the Republic of Kazakhstan; it also establishes its periodization basing on the most significant events. The author lists the main scientists and practitioners of the Kazakh SSR and independent Kazakhstan, who contributed to the formation of the Kazakhstan forensic examination. An analysis of changes in the contemporary legislation governing the forensic expert activity of independent Kazakhstan is also provided.  

scholarly journals PRINCIPLES OF FORENSIC SCIENCE

2018 ◽  
Vol 18 ◽  
pp. 221-230
Author(s):  
I. V. Pyrih ◽  
I. R. Shynkarenko
Keyword(s):  
Forensic Science ◽  
Point Of View ◽  
Basic Principles ◽  
Scientific Principles ◽  
Special Knowledge ◽  
The Subject ◽  
Forensic Expert ◽  
Principle Of Legality ◽  
Principle Of Objectivity

Analysis of the scientific opinions allowed formulating principles of forensic expertology as an independent science that is the basis of forensic expert activity. Principles of forensic expert activity are highlighted, their correlation with scientific principles is determined. Contents of each principle are disclosed and own understanding of advisability of their application is presented. The basic principles of forensic expertology are determinism, objectivity and systemacy. The principle of determinism embracing the principle of historicism consists in examining the subject of forensic expertology from the point of view of dialectical interconnection regularities and interconditionality of processes arising while performing expert research. The principle of objectivity consists in establishing regularities of forensic expertology solely on the basis of the object research using special knowledge, regardless of social, political and other processes that occur in society. The systemacy of forensic expertology, like any other science, consists in considering its separate components as a single whole, a system of knowledge. On the basis of legislation analysis and scientific opinions, authors determined that the principles of forensic expert activity are also legality and independence. The principle of legality is that officials who are subjects of expert activity are obliged to meet legislation requirements in strict conformity with their content. The principle of expert independence should be understood as absence of interference in him activities of any other person. Analyzing principles of forensic science, authors come to the conclusion about pointlessness of fixing of principles of expert activity in legislative acts, namely in the Аrt. 3 Laws of Ukraine «On forensic science». Principle of legality is stopped up in Constitution of Ukraine, procedural norms expert activity is expounded in many Codes and Laws of Ukraine. Superfluous duplication in this case is unnecessary.

scholarly journals INTEGRATION PROCESSES IN FORENSIC EXAMINATION: ESSENCE AND PROBLEM ISSUES OF COMPREHENSIVE RESEARCHES

2016 ◽  
Vol 16 ◽  
pp. 162-173
Author(s):  
E. B. Simakova-Yefremian
Keyword(s):  
Technological Progress ◽  
Knowledge Integration ◽  
Modern Science ◽  
Scientific Publications ◽  
Legal Proceedings ◽  
Forensic Examination ◽  
The Subject ◽  
Forensic Expert ◽  
Use Of Knowledge ◽  
Comprehensive Studies

Modern science considers the complexity of researches as one of the regularities of the process of cognition. Forensic examination, which is aimed at the use of knowledge accumulated in various fields of science with the purpose of resolving problems of legal proceedings, in the process of scientific and technological progress, is constantly subjected to the influence integration processes taking place in these areas. Scientific publications indicate that the integration of knowledge in forensic examination is an obligate process of its development, one of the main levers of influence on the formation of the foundations of comprehensive forensic expert studies; and now it is gaining more and more in depth and spread. Studying the forms of complexation in forensic examination, it is necessary to start from the analysis of the subject, tasks, objects, parties and techniques of comprehensive studies, since integration processes are realized in the development of forensic examination on the subject of knowledge integration, tasks of forensic, objects, subjects of knowledge integration and methods.

scholarly journals Methodical Support for Conducting an Expert Research to Establish the Statute of Limitations for the Execution of Documents’ Requisites: Problems of Expert and Judicial Practice

2022 ◽  
Vol 16 (4) ◽  
pp. 49-56
Author(s):  
M. V. Zhizhina ◽  
V. B. Danilovich
Keyword(s):  
Current Situation ◽  
Legal Proceedings ◽  
Judicial Practice ◽  
Forensic Examination ◽  
Forensic Practice ◽  
Expert’S Opinion ◽  
Document Examination ◽  
Expert Practice

The article addresses the problems of methodical support for establishing the statute of limitations when conducting a forensic document examination, directly affecting the admissibility of an expert’s opinion as evidence in legal proceedings. Establishing the statute of limitations for the execution of documents’ requisites is one of the most demanded tasks when considering all categories of cases – administrative, arbitration, civil, criminal. Analysis of the forensic practice of this type of examination in legal proceedings shows the application of various methods and approaches. Such variety raises questions among both the judicial and legal communities. For example, what existing methods are scientifically substantiated, tested, certified, lead to reliable results, and can be used to solve expert tasks? Which are unsuitable for the use in expert practice, and for what reasons?To confirm the suitability of their author’s developments for forensic examination, individual non-state experts provide various patents and certificates. How legal and permissible is this practice?The article offers a competent analysis of the current situation on the example of the widely used method of “wet copying”

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 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 Developing the Language of the General Theory of Forensic Science

2018 ◽  
Vol 13 (4) ◽  
pp. 24-27
Author(s):  
O. A. Krestovnikov
Keyword(s):  
General Theory ◽  
Forensic Science ◽  
Daily Practice ◽  
Theoretical Framework ◽  
General Concept ◽  
Forensic Expert ◽  
Logical Semantic ◽  
Semantic Processes ◽  
Expert Practice

We know from experience that the language of the general theory of forensic science, like any science, is an extremely complex and diverse phenomenon. This language is characterized by specific “constructs” that arise as a result of specialized activity and can be effectively applied not only in the context of the conceptual theoretical framework of forensic science, but also by enforcement professionals in their daily practice. In order to ensure clarity, accuracy and accessibility of expressions in the language of the general theory of forensic science, to avoid polysemy of terms, vagueness and ambiguity of their content, and equivocality of expressions, special attention should be paid to the logical semantic processes in terminology inherent in this language. At the same time, questions need to be raised and addressed about the development of a general concept of terminological activity and the need to regulate and standardize both domestic and international terminology used in forensic expert practice.

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