V. M. Chysnikov
The article is devoted to the main stages of life and activity of Professor Artur Martinovich Kanger (1875-1960) – pharmacist, forensic chemist, criminologist and teacher. The main attention is paid to his work as an assistant to the head of the Cabinet of Scientific and Forensic Expertise under the Prosecutor of the Odesa Court Chamber. Working in this institution for eight years (1914-1922), he held the position of assistant manager of the Cabinet, and in recent years headed the Forensic Department. He has hundreds of chemical expertise, including studies of explosives, gunpowder, poisons, etc. In addition, chemical methods were used in the study of handwriting and ink research, forgery of documents made by mechanically.
In particular, during 1922, Professor A. M. Kanger and his closest assistant laboratory assistant Shettle I. H. conducted 215 chemical examinations. In most cases, chemical analysis methods were used in the research. However, in addition to this method, others were used: microscopic analysis, physical methods (for example, determination of specific gravity) and photographic methods. It is noteworthy that a significant part fell on the study of objects that were material evidence in cases of counterfeiting paper banknotes.
Along with work at the Odesa Cabinet of Scientific and Forensic Expertise, Professor A. M. Kanger was a rector of Odesa Institute of Chemical and Pharmaceuticals (1921-1922) and at the same time headed the Department of Pharmaceutical and Forensic Chemistry. At the beginning of 1923 Arthur Martynovych Kanger together with his wife and young son went to Riga. Working in scientific and educational institutions, he made a significant contribution to the formation of the state system of scientific and forensic exspertise in Latvia and contributed to the development of criminalistics in the German Democratic Republic (GDR).
Key words: А. М. Kanger, Odesa Cabinet of Scientific and Forensic Expertise, Odesa Institute of Chemical and Pharmaceuticals, Latvian Scientific Institute of Forensics, University of Berlin, History of Forensics and Forensic Examination.
S. Cherniavskyi, V. Yusupov
It is revealed the process of the formation of forensic scientific schools based on the research of the historical development of the National Academy of Internal Affairs. It is shown the role of heads of departments and leading professors of the National Academy of Internal Affairs in the formation of forensic scientific schools. The main directions of research of forensic scientific schools of the National Academy of Internal Affairs are revealed, its contribution to the training of highly qualified scientific and pedagogical workers is highlighted. The achievements of the forensic scientific schools of the National Academy of Internal Affairs and its importance in the development of legal science and education in Ukraine are determined.
It is substantiated that the center of the development of forensic scientific schools at the National Academy of Internal Affairs is the Department of Criminalistics and Forensic Medicine. There are systematized main directions of research of forensic scientific schools of the National Academy of Internal Affairs. It has been proved that the forensic schools of the National Academy of Internal Affairs are developing based on two scientific vectors, innovative research of non-traditional traces of crime (the school of Professor M. V. Saltevskyi). It is also underlined improvement of investigative activities and methods of investigating criminal offenses based on studying the tactics of criminals, modern achievements of science and technology (school of Professor V. P. Bakhin). It is shown the scientific connections of the forensic schools of the National Academy of Internal Affairs with other forensic schools and centers of research institutions, higher educational institutions, and law enforcement agencies.
The interrelationships of forensic research made by scientific schools of the National Academy of Internal Affairs with other forensic schools and research institutions, higher education institutions, law enforcement agencies are shown. Forensic research of scientific schools of the National Academy of Internal Affairs occupies an important place in the development of legal science and education, promotes the formation of high professionalism of law enforcement officers and lawyers, and ensures the unity of law enforcement practice and educational and scientific activities in higher education of Ministry of Internal Affairs of Ukraine.
Key words: forensic science school; Department of Criminology; National Academy of Internal Affairs; criminalistics; forensic examination.
L. Кotliarenko, А. Коfanov, O. Коfаnоvа, V. Zherebak
In forensic practice, biological traces of a person are very often used as material evidence – blood, hair, saliva, semen, urine, sweat, as well as parts of organs and tissues. Establishing the origin of these traces from a specific person is very important for the investigation of criminal offenses.
The current level of development of molecular genetic research indicates the need to use DNA analysis in the detection and investigation of criminal offenses against a person. Today, molecular genetic identification reveal reliable prospects for solving identification problems in the criminal proceedings and developing the evidence base, and also has a number of advantages over traditional serological methods for studying human biological traces.
It should be noted that along with the traditional method of nuclear DNA research, mitochondrial DNA research is also being carried out, which allows solving the problem of molecular genetic examination to establish biological affinity. The value of this method lies in its effectiveness in the study of a small amount of degraded DNA, secretions and heavily damaged objects, the study of which is impossible by traditional methods. When performing a forensic molecular genetic examination for the full identification of the detected traces when examining the places of committed criminal offenses, comparative samples are important, as well as the selection of appropriate biological samples to establish paternity and family ties.
Molecular genetic analysis of DNA is only one of the stages of identification, and in order to arrive at the final result, a statistical analysis of the data obtained is necessary, which is especially important when the genotypes of the criminal and the suspect in mixed tracks coincide. For a probable-statistical assessment of the results of the identification significance of the set of established genetic traits, the frequencies of the distribution of the studied alleles in the population are required.
Today, the DNA analysis method has become one of the most demanded directions in the development of forensic examinations, and its results are quite reliable evidence of the involvement of a specific person in a crime. Due to its unique capabilities, molecular genetic analysis of DNA is a powerful tool in the investigation of criminal proceedings.
Key words: nuclear DNA, mitochondrial DNA, molecular genetic examination, physical evidence, biological samples.
O. Babkina, V. Zosimenko
As a result of the analysis, we have demonstrated that the implementation of the main provisions of the Istanbul Protocol in Ukraine is at a sufficiently high level, is a national strategy for the protection of human rights, however, the question remains regarding the implementation of certain provisions in the prevention of torture and ill-treatment. The main standards of the regulatory framework of Ukraine comply with the Istanbul Convention. Today in Ukraine, there are still cases of violations of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms on Human Rights, including those concerning the unsatisfactory state of fixing bodily injuries, refusal to provide adequate medical care and inadequate provision of medical care to persons in places of detention. Therefore, an important aspect is to ensure the organization of timely and adequate provision of medical care to persons in places of detention. At the same time, it is necessary to conduct a detailed record of maintaining medical records on the prisoner’s state of health, fixing the existing injuries, the timeliness and correctness of the diagnostic and treatment methods that the prisoner received while in custody, indicating which types of diagnostics and treatment were prescribed for the detainees and which ones he actually received, where/when/by whom were carried out, etc. To establish the fact of presence/absence, mechanism and prescription of occurrence, severity of injuries, proper/inappropriate provision of medical assistance to persons in places of detention, when providing legal assistance, it is necessary to prescribe forensic medical examinations. Timely identification of cases of violations of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms of Human Rights, with subsequent response, plays an important role in the development of a system of measures to prevent, promote and prevent torture and ill-treatment in places of detention.
Key words: prisoners, places of detention, injuries, medical care, human rights, Istanbul Protocol, forensic examination.
The article deals with the main aspects, the identification of which is directed by the methodological approach used in expert practice in cases of causing personal suffering and compensation for moral harm. There are highlighted the main stages of the experience of grief in connection with the loss of a loved one. The features and nature of the suffering of the grieving person are analyzed. Attention is drawn to the importance of analyzing the life roles of the plaintiff, their changes under the influence of legal circumstances.
Based on the analysis of special psychological literature, as well as the experience of applying special knowledge in the field of expertise, the nuances of changing the emotional state of a person experiencing grief of loss are noted. The factors that hinder the functioning of the existing and the emergence of new mechanisms of adaptation to the emerging circumstances are noted.
Key words: psychological analysis, emotional state, compensation for moral damage
The article analyzes scientific research and summarizes it, published in periodic and scientific domestic and foreign publications, legal documents that are important for determining the material damage caused to the owner as a result of illegal use of industrial property: inventions, utility models.
The article formulates the concept of a patent, which is understood as a legal, technical document issued by an authorized state body, and with the help of which the state certifies the owner’s right to the object of invention or utility model created by him/her.
Any actions aimed at unauthorized introduction into economic circulation of protected industrial property are considered a violation of patent rights.
A patent infringer can be a natural or legal person who uses the invention in violation of the law. The object of violation may not be a specific thing, but a right of indefinite value. The damage occurs as a result of the violation of the monopoly position of the owner of the invention.
To calculate the income from the use of a patented invention, it is necessary to analyze the prices of competitors for similar goods in which the invention is not used. This significantly complicates the calculation and proof; however, it is wrong to assume that all income from the sale of products is income from the use of a patented invention.
Methods for establishing material harm are proposed. The drawbacks that exist when conducting an expert study of intellectual property objects are identified, and ways to eliminate it are proposed.
Key words: patent system, invention, utility model, protectable object, patent holder, property right, compensation for losses, lost profits, calculation of the amount of losses, examination of intellectual property objects.
When considering disputes over copyright infringement on works of fine art, it becomes necessary to establish the fact of the use of works. In Ukraine, the study of properties, features, patterns of creation and use of works of art as objects of copyright is included in the subject of expertise in the field of intellectual property.
Based on generalization of expert practice, the main tasks of forensic examination of works of fine art have been identified. They are:
– definition in the research object of the characteristics of the copyright object;
– determination in the object of research or part of it (including the name) of the signs of originality and creative nature;
– establishment of the fact of reproduction of a work or part thereof, which has an independent meaning; establishment of the fact of processing of a work.
As a result of the research, approaches have been developed to solve expert problems related to works of fine art. The main approaches are highlighted by examples of the study of animated characters and paintings.
The following algorithm of actions is proposed when establishing the fact of reproduction of works of fine art – characters:
1) to analyze the properties and characteristics of the objects under study;
2) highlight the elements that relate to the elements of the form and content of the work;
3) identify common and distinctive features; conduct its comparative analysis;
4) to find out the nature of changes in the attributes of these objects;
5) to establish whether the coinciding attributes form a set that is sufficient to identify a certain object.
Based on the results of the study, the author concludes that when establishing the fact of reproduction or processing of a work of painting, special attention should be paid to the analysis of coincidences and differences in the elements of the form and content of the studied works. If you find matches in the elements of the form, it is necessary to determine whether these elements are individualizing for this work (whether they are original). When it is established that the found coincidences in the elements of the studied works of painting are due to the reflection of objective reality (properties and features of the objects of the image), the use of generally accepted (standard) techniques and methods of creation, there will be no reason to conclude that there is a reproduction or processing of the work. Such elements do not individualize the work of a particular author (they are not original) and, according to the provisions of copyright, can be freely used in the works of different authors.
Key words: a work of art, a work of painting, a character, an object of copyright, reproduction of a work, processing, intellectual property, forensic examination
The article is devoted to the definition, based on the analysis of scientific publications and the prescriptions of domestic legislation, the subject composition of forensic relations and relations in the field of intellectual property, which directly or indirectly participate in the regulation, management, development, use and improvement of scientific and methodological support of forensic expert activities in the field of intellectual property.
It has been established that at the legislative level the following are identified:
– subjects of organizational relations of departmental scientific and methodological support of forensic expert activity;
– subjects of coordination and publishing relations of interdepartmental development of forensic examination;
– subjects of the relationship of attestation and state registration of methods of conducting forensic examinations.
It is proposed to distinguish between the following types of object-subject warehouses: 1) objects that need support (forensic expertise, forensic examination, expert proceedings); 2) objects that meet the needs of the corresponding level of action (scientific and methodological benefits); 3) entities in need of support (forensic institutions, forensic experts) 4) entities that provide for the needs (ministries, advisory bodies, forensic experts). It has been suggested that the subject requiring collateral can be simultaneously the subject performing this collateral.
The expediency is argued and the differentiation of subjects of scientific and methodological support of forensic expert activity in the field of intellectual property on the following integration levels is proposed:
– national (regulatory, managerial, judicial);
– production (state, private);
– public (permanent, temporary)
– direct (personal, collective, employee, manager)
– functional (organizational, managerial, controlling, security, executive, reporting).
Key words: scientific and methodological support, forensic activity, subjects, intellectual property, forensic expert.
L. Zhylenko, I. Novytska
Today, the range of fur products on the market is formed mainly due to the products of foreign manufacturers. Every year it is more and more difficult for a consumer to find a product of appropriate quality, since retail chains include in their assortment low-quality goods, the manufacturers of which do not fulfill the quality and safety requirements according to domestic regulatory documents.
The purpose of this article is to study features that affect the quality and grade of fur and finished fur products, study defects and its impact on products, draw up a consistent scheme for researching fur products, analyze consumer properties and evaluate the quality of fur products using mink coats as an example.
A merchandising expert examination of fur goods when determining its market value consists in classifying the goods as one of the classification categories, determining the characteristics of the goods and changing its quality indicators, and establishing the production method. The variety of semi-finished fur products is determined in accordance with the quality of the fur, depending on the maturity of the hairline, the presence of defects, the definition of ridge, size and other characteristics that significantly affect the quality and price of fur raw materials.
The use of the proposed scheme for the study of fur products will allow determining quickly the type, quality and grade of fur and finished fur products, to prevent errors in determining the market value of fake, artificial, dyed and low-quality fur
Key words: fur, range, variety, defect, product identification, fur semi-finished products, algorithm.
In this article, the issue of setting the market value of the new goods is examined. Inclusion of price proposals for all new goods to the analysis of price proposals results in setting a wrong market value. The new goods category includes many of the goods, which significantly differ by their prices and groundlessly influence on the market value. In fact, these goods are not new but they may be taken by mistake in the analysis of the price proposals.
When carrying out a forensic merchandising examination with a new product, you should carefully check the product, at a price significantly lower. If it is established that it belongs to the refurbished goods, it is impractical to include it for comparison.
Based on the above analysis, we can conclude that in order to establish objectively the market value of new goods, it is necessary to take price proposals for the first and second groups of goods, which were determined at the beginning. Goods belonging to the third group should not be included in the analysis, as this may affect the correctness of the market value determination.
Key words: renewal, marking, refurbished, defect, samples, damages, goods