scholarly journals Implementation of R.S. Belkin’s Ideas in the Modern Theory and Practice of Forensic Science

2017 ◽  
Vol 12 (3) ◽  
pp. 54-61 ◽  
Author(s):  
E. R. Rossinskaya
Keyword(s):  
General Theory ◽  
Forensic Science ◽  
Current Practice ◽  
Criminal Procedure ◽  
Theory And Practice ◽  
Modern Theory ◽  
Legal Norms

The article pays tribute to the creative legacy of the Distinguished Scientist, Doctor of Law, Professor RS. Belkin, who is credited with developing the theoretical, methodological, procedural and organizational foundations of forensic science and its general theory (forensic expertology). The author examines how his proposals for improving legal norms on criminal procedure and forensic science have been translated into current practice.

DEFINITIONS OF CATEGORIES PURPOSE AND TASKS OF CRIMINAL PROCEEDINGS IN THE MODERN CRIMINAL PROCESS

2018 ◽  
Author(s):  
Svitlana Patiuк ◽  
Keyword(s):  
Criminal Procedure ◽  
The State ◽  
Modern Theory ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Legal Norms ◽  
State Changes ◽  
The Individual ◽  
Goals And Objectives ◽  
Functional Purpose

"Definitions of categories, the goal and objectives of criminal proceedings in modern criminal proceedings" analysed the legal norms and provisions of doctrinal concepts to determine the goals and objectives of criminal proceedings. The author formulated conclusions and generalizations that since criminal proceedings are a sphere of state activity, it depends on the direction of the political course of the state, changes in state policy, which always leads to a change in the ideology of the criminal process as a whole, including the transformation of goals and objectives criminal proceedings. The purpose and objectives of criminal proceedings depend on the historical form of the criminal process, a common feature of which is the ratio of freedom (interests) of the individual and the state, expressed in the procedural position of the main participants in the process. Criminal procedure legislation and doctrine define the resolution of a dispute (conflict) between the state and the accused arising as a result of the commission of a crime as the goal of the criminal process in most countries in which the adversarial nature of criminal proceedings prevails. As the goal of criminal proceedings in the modern theory of criminal procedure, it is proposed to consider the protection of the individual, society and the state from criminal offences in the settlement of criminal-legal conflicts arising as a result of these offences. The goal in the criminal process determines the setting of tasks and represents the ultimate conclusion from the sum of all the tasks being implemented. The task of criminal proceedings should be determined taking into account the functional purpose of the subjects of criminal proceedings, and therefore the task is the fulfilment of his duty by a participant in criminal proceedings, which is determined by his functional purpose, based on the principle of competition of the parties.

scholarly journals The Doctrine of Erroneous Judgment and the Modern Theory of Miscarriages of Justice in Germany: General Characteristics and Their Significance for Establishing the Truth in German Criminal Proceedings

2021 ◽  
Vol 2 ◽  
pp. 104-110
Author(s):  
A.G. Trofimik ◽  
Keyword(s):  
Criminal Procedure ◽  
Theory And Practice ◽  
Modern Theory ◽  
Criminal Proceedings ◽  
Legal Research ◽  
Criminal Process ◽  
Concept Of Truth ◽  
Definition Of ◽  
Russian Research ◽  
Miscarriage Of Justice

The research of the German criminal process reveals the main theoretical characteristics of theory of miscarriages of justice in German criminal procedure. The essential aspects of the doctrine of erroneous judgment are established. The conclusion about the significance of the doctrine of erroneous judgment for the modern theory of miscarriages of justice in Germany is formulated. Based on a comprehensive research of original German sources, the main provisions of the doctrine of erroneous judgment and the modern theory of miscarriages of justice in Germany are enunciated. The influence of discursive philosophy on theoretical ideas about criminal proceedings is established. The immediate practical applicability of these theories is rather low. In the author’s opinion, their importance, among other things, is that the problematics of miscarriages of justice in Germany are closely related to the concept of truth in criminal proceedings, which is uncharacteristically of Russian research in the designated area. Based on the analysis of German doctrine, the significance of theoretical provisions for establishing the truth in a criminal procedure is determined. A pragmatic, utilitarian German approach to the legislative formulation of truth in criminal proceedings is represented. The legislative recognition and interpretation of the truth in criminal proceedings are expressed. The correlation between the theoretical provisions on material truth and the theory of miscarriages of justice is confirmed. As the result of the research the functional meaning of truth for the theory and practice of criminal proceedings in Germany is enunciated. In addition, the German theoretic definition of the concept of «miscarriage of justice» is given. Characteristic of this concept are identified. The significance of the scientific conclusions of this article consists in determining the fundamental suitability of German dogma and theory for a comparative legal research of miscarriages of justice in Russia and Germany.

scholarly journals Expert prevention: concept, subject and object

2020 ◽  
Vol 2 (2) ◽  
pp. 241-243
Author(s):  
Nataliya Filipenko ◽  
Oleksandr Snigeryov
Keyword(s):  
General Theory ◽  
Forensic Science ◽  
Theory And Practice ◽  
Forensic Research ◽  
Current State ◽  
Forensic Examination ◽  
Expert Theory ◽  
Conceptual Foundations ◽  
Empirical Material ◽  
Specific Expertise

This article analyzes the conceptual foundations, views and ideas on understanding the essence of expert prevention. Essence of expert prevention lies in the influence of relevant subjects on crime through the use of specific expertise. That means that subject of forensic examination of each kind and type should be attributed to the study of circumstances on the basis of which scientific, organizational and technical measures of a preventive nature can and should be developed. The empirical prerequisites for the emergence and development of forensic research have been investigated: accumulation of empirical facts in the theory of forensic science and other sciences, manifestation of integration processes. Formation of theoretical and applied foundations of private theory of expert prevention. The concept and structure of the private theory of expert prevention, its place and role in the theory of forensic science and judicial examination are considered. It is noted that the study of the current state of the theory and practice of private expert theory has allowed to establish that it has a common beginning and justification. Private theory of expert prevention as a system of interconnectedness includes: idea, principles, great empirical material, which is the cornerstone of the theory, general and specific tasks, functions and goals of the theory, etc. On the basis of the conducted analysis it is proved that the principles of a systematic approach and construction, which provide its structure, connection with the general theory of forensic examination and the general theory of criminology, a combination of theoretical and applied (practical) researches serve as a justification for the creation of a private theory of expert prevention. It is emphasized that the formation of the theory of expert prevention is the need to create this theory in order to successfully combat crime specific expertise using. The relation between the concepts of "general forensic theory" and "private theory of expert prevention" has been investigated, since ambiguity of both scientific understanding and practical application is one of the main problems that cannot be overcome in the forensic research of the phenomenon of expert prevention. appropriate conceptual categorical apparatus.

scholarly journals CRIMINAL PROVISION OF CRIMINAL PROCEEDINGS: LEVELS, DIRECTIONS AND FORMS OF IMPLEMENTATION

2020 ◽  
pp. 40-51
Author(s):  
Y. Chornous
Keyword(s):  
General Theory ◽  
Forensic Science ◽  
Relevant Information ◽  
Scientific Basis ◽  
Practical Aspect ◽  
Theory And Practice ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Criminal Offenses ◽  
Practical Recommendations

The scientific article describes the concept and essence of forensic support of criminal proceedings, defines the levels, directions and forms of its implementation. It is substantiated that forensic support is realized during the investigation and prevention of criminal offenses, as well as the judicial review of criminal proceedings (cases) using forensic means, methods, techniques according to certain levels, directions and forms. The levels of forensic support of criminal proceedings are distinguished, namely: local; regional; state; international. Considering the established system of forensics, according to which the development of theoretical foundations and practical recommendations of forensic support is based on the provisions of the general theory of forensic science, forensic techniques, tactics and methods, three main areas of forensic crime are defined: forensic. In this case, the general theory of forensic science is of methodological importance for the formation of their scientific foundations. According to the mentioned directions, the main forms of forensic support of criminal proceedings are distinguished: – in the direction of technical and forensic support: the use of technical means and methods of detecting, fixing, collecting, investigating the traces of crime, other forensically relevant information, including through the use of special knowledge, involving specialists in investigative (investigative) actions; fixing the course and results of investigative (investigative), court actions; maintaining criminal registration and forensic records systems; involvement of experts and carrying out of expertise; – in the direction of tactical and criminalistic support: improvement of existing and development of new tactical techniques and their complexes; formation of tactics of investigative (search) actions; – in the direction of methodological and forensic support: development of new methods of investigation of criminal offenses (according to the criminal law and forensic classification); formulating recommendations to increase the effectiveness of the method of investigation of certain types (groups) of criminal offenses. These levels, directions and forms of forensic support should be considered in the scientific and practical aspect, which consists in creating the scientific basis of the tools, methods and techniques used the formation of practical recommendations for their application. The unity of theory and practice ensures effective achievement of the set goals in the system of forensic support of criminal proceedings.

Management Of Safety In Chains Of Deliveries Based On The System Approach

2012 ◽  
Vol 5 ◽  
Author(s):  
Irina V. Terenina
Keyword(s):  
General Theory ◽  
System Approach ◽  
System Analysis ◽  
Theory And Practice ◽  
Modern Theory ◽  
Sources Of Uncertainty ◽  
Standard Set ◽  
In The Beginning ◽  
The Given ◽  
Intrinsic Characteristic

In given article it was analysed the intrinsic characteristic of concepts on the basis of the system approach: uncertainty, risk and stability in chains of deliveries. The basic directions of development of the modern theory and practice in the field of management of safety in chains of deliveries were formulated. The purpose of the given work is studying of sources of uncertainty in chains of deliveries and development of operating influences for stability maintenance in chains of deliveries. In the given article management of safety in chains of deliveries is investigated with use of all arsenal of methods of economic influences in connection with toolkit of the general theory of systems, the system analysis, the theory of probability, cybernetics and logistics. In the beginning of the article we prove an actuality of a considered problem and formulate the purposes and problems of the given research. Then we specify set of methods used during the decision of tasks and we offer standard set of the actions providing balance of indignant and operating influences.

PROBLEMS AND TRENDS OF DEVELOPMENT OF BRANCHES OF CRIMINALISTIC TECHNOLOGY

2017 ◽  
Author(s):  
Vitaliy Elyotnov ◽  
Keyword(s):  
Forensic Science ◽  
Video Recording ◽  
Theory And Practice ◽  
Controversial Issues ◽  
Forensic Photography ◽  
Forensic Research ◽  
Forensic Scientists ◽  
Further Development

The article examines the key provisions of traditional and developing branches of forensic technology as a branch of the forensic science. The article analyzes modern publications of domestic and foreign scientists dedicated to the problems of forensic technology. Discussion issues and gaps existing in the theory and practice of such branches of forensic technology as forensic photography and video recording, forensic phonoscopy, forensic traceology, forensic weapons science, forensic documentation, forensic research of substances, materials and products, forensic registration, etc. The opinions of individual forensic scientists on the resolution of controversial issues of forensic technology are given. The scientific directions that have not received at present recognition of independent branches of forensic technology are indicated. The promising areas of research in the framework of the branches of forensic technology are named, the main trends of its further development are formulated.

Le prologue du livre de Ben Sirach le Sage et la traduction des écrits sacrés

Babel ◽  
1998 ◽  
Vol 44 (2) ◽  
pp. 139-149
Author(s):  
Bruno Rochette
Keyword(s):  
Word Order ◽  
Theory And Practice ◽  
Modern Theory ◽  
Original Text ◽  
Religious Texts ◽  
The Bible ◽  
Religious Writings ◽  
Corpus Hermeticum

Abstract Examining the prologue to the Greek Ben Sirach, this article tries to describe how the Greek translators of religious texts perceive the difficulties and the limits of their task. Conscious of the changes resulting from the passage of one language to another, they conceive their work as inspired by God. Therefore the work translated does not appear as a simple translation mechanically done, but as a new text reflecting the conception of the inspired translator whose faith is the warrant for the quality and accuracy of the translation. Two other comments on translation are taken into account : Corpus Hermeticum XVI and the Letter of Pseudo-Aristeas on the translation of the Septuagint. The examination of these texts leads to the conclusion that ancient translators of religious writings strove to show the vision of truth as they saw it in the original text to the new audience using another language. This conception of translating will be followed by Latin translators adopting, like Hieronymus, the principle of literality for the translation of the Bible, since in the Holy Scripture even the word order is mystery, as the Father says. A comparison with the modern theory and practice of translation of religious texts is also instructive for the modern translator. It can incite him to be careful of the likelihood of changing the sense of the original he is translating. Résumé En examinant le prologue de la version grecque du livre de Ben Sirach le Sage, cet article décrit comment les traducteurs grecs de textes religieux perçoivent les difficultés et les limites de leur tâche. Conscients des changements consécutifs au passage d'une langue à l'autre, ils conçoivent leur travail comme inspiré par Dieu. Par conséquent, l'oeuvre traduite n'apparaît pas comme une simple traduction, réalisée mécaniquement, mais comme un nouveau texte reflétant la conception du traducteur inspiré. Sa foi est le garant de la qualité et de l'exactitude de la traduction. Deux autres commentaires sur la traduction sont pris en compte : Corpus Hermeticum XVI et la Lettre du Pseudo-Aristée sur la Septante. L'examen de ces textes conduit à la conclusion que les traducteurs anciencs de textes religieux se sont efforcés de montrer à un public nouveau parlant une autre langue la vision de la vérité telle qu'ils la perçoivent dans le texte original. Cette manière de concevoir la traduction sera suivie par les traducteurs latins qui adoptent, comme Jérôme, le principe de littéralité pour la traduction de la Bible, car, dans l'Écriture Sainte, meme l'ordre des mots est mystère, comme le dit le Père. Une comparaison avec la théorie et la pratique moderne de la traduction de textes sacrés peut aussi etre instructive pour le traducteur d'aujourd'hui. Elle devrait l'inciter à etre attentif à la probabilité de changer le sens de l'original qu'il traduit.

The role of forensic science and forensic examination in international cooperation in the investigation of crimes

2021 ◽  
Vol 28 (1) ◽  
pp. 179-186
Author(s):  
Valery Yu. Shepitko ◽  
Mykhaylo V. Shepitko
Keyword(s):  
Forensic Science ◽  
International Cooperation ◽  
International Criminal ◽  
Expert Witness ◽  
International Crime ◽  
National Level ◽  
Criminal Court ◽  
Theory And Practice ◽  
International Level

The application of forensic science and expertise is a necessary prerequisite for the investigation of crimes at the local and national level. Without the use of forensic science and expertise, an investigation within the framework of a criminal process becomes dead and unsubstantiated. But with the globalisation of world processes, the development of technologies, the speed of information transmission, the formation of crime outside the borders of one state and its entry into the international level has become an urgent problem, which has become a challenge in countering such crime and the need to steer forensic science and expertise towards assisting law enforcement activities. A special feature of countering the investigation of crimes was the creation of international cooperation between forensic specialists and expert witnesses even prior to the establishment of practical institutions that could counteract them in practice. Therewith, some representatives of such international unions and associations have taken serious steps in creating mechanisms for real counteraction to crimes at the international level (R.A. Reiss, G. Soderman, M.Sh. Bassiuni). Coverage of the problem of international cooperation in the investigation of crimes through the definition of the role of forensic science and expertise allowed focusing on the following blocks: 1) international associations of forensic specialists for combating crime in the historical context; 2) international criminal police organisations in combating crime; 3) international cooperation in the field of conducting forensic examinations; 4) the use of forensic and special knowledge in the activities of the International Criminal Court. Thus, a combination of theory and practice in the fight against crime is demonstrated. Historically, this is associated with the role of forensic science and expertise in recording traces of crimes, analysing them, and forming legal, forensic, and expert witness opinions. The purpose of the study is to establish the decisive role of forensic science and expertise in international cooperation in the investigation of crimes. For this, the authors turned to forensic science and expertise, historical processes that served to create substantial international organisations created to counter international crime

scholarly journals THEORETICAL FUNDAMENTALS OF AGRICULTURAL SPECIALISTS TRAINING

2021 ◽  
Vol 1 (194) ◽  
pp. 10-13
Author(s):  
Olena Bida ◽  
◽  
Oleksandr Kuchai ◽  
Tetiana Kuchai ◽  
◽  
...  
Keyword(s):  
Professional Training ◽  
Agricultural Sector ◽  
Local Environment ◽  
Rural Youth ◽  
Theory And Practice ◽  
Modern Theory ◽  
Professional Activities ◽  
Global Issue ◽  
Information And Communication ◽  
External Stimuli

The article considers the theoretical foundations of training of agricultural specialists. Contradictions have been identified as factors that determine changes in the training of agricultural specialists in the process of professional training of students. The professional training of future agricultural specialists has its own specifics, which is due to the fact that most of them are representatives of rural youth. Promising areas of professional training are highlighted. An important component of the development of professional training of specialists in the agricultural sector is the internship of teachers directly in the workplace. The article considers the signs of modern theory and practice of professional training of agricultural specialists. The professional training of future agricultural specialists has its own specifics, which is due to the fact that most of them are representatives of rural youth. These students are very persistent observant, attentive to the peculiarities of the natural environment, close to the ecosystems of the local environment and slow and deeper response to external stimuli. In times of significant economic, social and geopolitical transformations of society around the world, the education system faces a global issue - to prepare young people for new living conditions and professional activities in a highly automated environment of information and communication and innovative technologies, teach them to act independently competently carry out professional activities. The future specialist-agrarian must have a broad worldview, be able to conduct a comparative analysis of models of development of countries in different eras; to see the long-term perspective, to focus on clarifying the essential, objectively necessary aspects of events and phenomena of economic development. In addition, the scientific consciousness must form in students a clear system of views and practical beliefs based on universal qualities: honor, conscience, truthfulness, humanity.

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