In the article, the development of the Odesa forensic school is considered in the context of the assets of the scientists of the Department of Forensics and the activities of the scientific centre of the National University «Odesa Law Academy».
Bibliographic studies of the system of higher legal education, the formation of the Odesa School of Law and the scientific heritage of its representatives are presented as a source of study of the Odesa Forensic School.
Attention is focused on the formation of forensic scientific schools in Ukraine, such as the All-Ukrainian Forensic School of Criminal Justice and the Odesa Forensic School on the problems of improving the methodology of investigating criminal offences and investigating criminal activity. Professor V. Tishchenko made a great contribution to the development of the Odesa forensic school.
The range of bibliographic sources for the thematic search for information on available documents in the fund of the scientific library of the university related to the author’s collections of publications of legal scholars is outlined, in particular the results of the scientific activity of scientists of the Department of criminalistics of the National University «Odesa Law Academy» on the study of the All-Ukrainian Forensic School of Criminal Justice.
The bibliographic resources that present the works of scientists of the Department of Forensics as a component of the source-based research base of the Odesa Forensic School and the history of the National University «Odesa Law Academy» have been systematized. Bio-bibliographic indexes are presented, which are dedicated to representatives of the Odesa Forensic School – V. Kolmakov (1913-1973) and scientists of the Department of Forensics of the university, such as V. Tishchenko, M. Shulha, O. Netudykhatka. The main goal of bibliographic resources is the systematization of information and the preservation of materials about the contribution of scientists to the development of science, the creation of author’s collections of legal scientists in the fund of the university’s scientific library.
Bibliographic and bio-bibliographic editions are a component of the source knowledge base for the research of the personalities of scientists of the Odesa Forensic School and the Odesa School of Law, on the one hand, the history of the development of legal science and education in Ukraine, on the other hand, legal scholars of the National University «Odesa Law Academy», as well as with these achievements in the field of bibliography of specialists of the scientific library of the university.
Key words: forensic scientific schools in Ukraine, Department of criminalistics of the National University «Odesa Law Academy», V. Kolmakov, V. Tishchenko, М. Shulha, О. Netudykhatka, bio-bibliographic indexes.
Yu. Foris, V. Vynohradova
Mykhailo Ya. Sehai was born on March 31, 1923. He fought in World War II against fascist aggression and was awarded orders and many medals.
After demobilization, he worked for many years at the Kyiv Scientific Research Institute of Forensic Expertise of the Ministry of Justice of Ukraine, including 20 years as Deputy Director for Research. He went from junior researcher to acting director of the institute. He practised as a forensic expert and conducted scientific research.
After retiring, he worked at the Kyiv Regional Center of the National Academy of Legal Sciences of Ukraine. He died at the age of 90 on May 01, 2013.
He defended his thesis for the degree of candidate of legal sciences on the use of forensic identification in certain types of forensic examinations. Mykhailo Sehai defends his dissertation for the degree of Doctor of Laws already on the methodology of judicial identification, substantiating it from the standpoint of philosophy. In the next large-scale work, Mykhailo Sehai addresses issues not only of forensic identification but also diagnostic and situational expert tasks. Subsequently, Mykhailo Sehai takes part in the creation of the world’s first law on forensic examination, which combines the rights and obligations of a forensic expert in various types of legal proceedings. Thus, the foundation is laid for the creation of the profession of a forensic expert. Mykhailo Sehai develops the foundations of forensic expertology as a science of forensic activities, including the legal and organizational foundations of this activity, and also generalizes the methodology as part of forensic expertology to three interdisciplinary exercises.
The article mentions the teacher of Mykhailo Sehai and the continuation of his work.
At the end of the article, it is concluded that Doctor of Law, Professor, and Academician of the National Academy of Legal Sciences of Ukraine Mykhailo Sehai has been following the path of generalizing previous experience throughout his scientific life, from considering a separate issue to systematizing it and systematizing the views from which this issue is being studied. Thus, briefly, this path can be characterized as follows: from the particular to the general. Mykhailo Sehai has made an invaluable contribution to the development of forensic science and forensic science.
Key words: Mykhailo Ya. Sehai, forensic expertology, forensic identification, reflection traces, forensic science, forensic expertise
The article deals with the historical milestones of the International Criminal Police Organization as well as the current trends in its activity. The main historical prerequisites for the creation, development and functioning of the International Criminal Police Organization (Interpol) are highlighted, including the historical prerequisites for the creation of the National Central Bureau in Ukraine. The role and significance of the International Criminal Police Organization (Interpol) in international cooperation in the fight against general criminality in the context of its legal, technical, and organizational evolution are considered. The main modern trends in the activity and cooperation of the organization are analyzed.
The author underlines that Interpol is an intergovernmental organization that facilitates international police cooperation and the main mission of it to promote global police cooperation, prevent and combat international crime, and provide a range of policing services to its member countries. The organization initially focused on facilitating the exchange of criminal intelligence between member countries, but over time, it has expanded its mandate to include a range of activities related to international law enforcement.
Currently, Interpol has 195 member countries, making it the world’s largest international organization. One of the key challenges facing Interpol is balancing the needs of its member countries with the need to respect individual rights and privacy.
Another important trend in Interpol’s work is the growing focus on cybersecurity and the prevention of cybercrime.
It is also analyzed the current structure of Interpol and the role of each structure, the process of the establishment of the National Central Bureau in Ukraine, and the interaction of Interpol with other world organizations.
Interpol has been working for almost a century to promote international police cooperation and the fight against transnational crime. With the increasing interconnectedness of the world and the rise of new forms of crime such as cybercrime, Interpol’s role in facilitating cross-border law enforcement cooperation and preventing international crime is expected to become even more significant in the coming years.
Key words: international criminal police Commission international criminal police organization, Interpol, National Central Bureau of Interpol notices, the operations of Interpol.
The author formulated the conceptual principles of professional training of forensic veterinary experts in state-specialized expert institutions of Ukraine. It was established that the process of training forensic veterinary experts is technologically complex, multilevel and responsible. It develops in institutions of higher education that train veterinary doctors and ends in state expert institutions of the Ministry of Justice of Ukraine, in which a doctor of veterinary medicine with a specialist or master’s degree, who intends to obtain the qualification of a forensic veterinary expert, undergoes expert training by expert speciality 18.1 «Veterinary research», mastering the theoretical, organizational and procedural provisions of forensic examination and forensic veterinary examination in particular, acquires practical skills in mastering methods and methodical recommendations; prepares drafts of expert opinions and reviews drafts of expert opinions, as well as the attestation process and obtains the qualification of a forensic expert in the above-mentioned expert speciality, takes the oath of a forensic expert, after which independently on a professional basis carries out forensic expert activities in the field of forensic veterinary examination.
Attention is focused on the fact that a person who intends to obtain or confirm the qualification of a forensic expert in the expert speciality 18.1 «Veterinary research» must have exclusively a higher veterinary education, the qualification of a doctor of veterinary medicine with a master’s degree or a specialist, knowledge field 21 «Veterinary medicine», speciality 211 «Veterinary Medicine». Specialists who have a diploma of another higher education, except veterinary, cannot claim to obtain or confirm the qualification of a forensic expert in the expert speciality 18.1 «Veterinary research».
It is claimed that the internship of veterinary medicine doctors intending to obtain the qualification of a forensic veterinary expert is carried out for the first time according to program No. 1 (176 hours) developed by us and approved by the Ministry of Justice of Ukraine, the internship of a veterinary medicine doctor intending to confirm the qualification of a forensic expert for the first time veterinary expert according to program No. 2 (118 hours), the internship of a doctor of veterinary medicine who intends to confirm the qualification of a forensic veterinary expert for the second and subsequent times is carried out according to program No. 3 (79 hours).
It is proposed to supplement the «List of recommended scientific, technical and reference literature» with a list of the latest scientific works published by us on the issues of forensic veterinary examination.
Based on the analysis of the principles of training forensic veterinary experts in Ukraine, we have identified problems in this area of activity, and to overcome them, we have proposed a system of specific measures, including the development and implementation of the «Rating System of Forensic Expert Activity» in the forensic activity.
Key words: forensic veterinary expertise, forensic expert, personnel training, training, state specialized expert institutions, expert speciality 18.1 Veterinary research.
V. Munchak, O. Vysikan, O. Stepaniuk, Yu. Maznychenko
According to existing provisions, the examination of missile weapons is a set of expert research activities aimed at studying missile and jet weapons, as well as their components (mechanisms, assemblies, etc.) and their interaction in order to obtain reliable information about the objects provided for research.
The article discusses some aspects of the research of missile weapons – strategic cruise missiles X-101, the relevance of which is due to their constant use in russia. Now russia is again carrying out massive missile strikes against Ukraine with X-101/55 missiles. The occupiers have changed tactics and prefer mainly strategic cruise missiles to destroy military installations and infrastructure.
At the same time, it should be borne in mind that until now there is no methodology for conducting an examination of artillery and missile weapons, and in the specialized literature there is only distinguishable data on missile weapons.
Based on the generalization of the expert research practice of the Explosive Research and Research of Rocket and Artillery Weapons Department of the Military Research Laboratory of the Kyiv Scientific Research Institute of Forensic Expertise, the structural features of the X-101 strategic cruise missile were determined.
Considering that many experts do not have information on these missiles, the material of this article will be used in the examination of missile weapons, namely, in the identification and description of research objects.
A missile weapons examination is a qualification examination, during which not only an object can be identified as a missile weapon, but it can also be determined what type or type of missile weapon the object belongs to, as well as how this weapon was manufactured.
The examination of missile weapons requires special knowledge in the field of missile and jet weapons (the structure/design features and properties of weapons, the procedure for handling and using them, ammunition for them, and the consequences of using them).
Key words: missile, strategic missile, cruise missile, aviation missile system, glider, empennage
O. Ruvin, M. Dieniezhkin, V. Koloniuk, N. Havryliuk
The article is devoted to the main problematic issues of implementation of methodological support based on the principles and rules of NATO member states into the practice of defence planning for the development of the Armed Forces of Ukraine. A strategy of transition to the principles and rules used by NATO member states is proposed, which is based on the mutual integration of two planning systems into a single one, which would use the best procedures of this process taking into account the conditions of Ukraine.
The article analyzes the guiding documents regulating defence planning in the Ministry of Defense of Ukraine and the Armed Forces of Ukraine, and the experience of NATO member countries in using the methodological apparatus to substantiate the objectives of the tasks and development measures of the Armed Forces of Ukraine. A conclusion was made about the identity of the results obtained by two instrumental means and the difference in the use of methods.
Possible ways of solving problematic issues regarding the development of appropriate methodical support for the development of the Armed Forces of Ukraine based on the assessment of the military formation’s ability to perform the set (typical) tasks for the transition to the principles and rules used by NATO member states are proposed.
Key words: ability to perform assigned (typical) tasks (ability); requirements for ability; deficiency of ability; basic components of abilities; operational effects; coordination of resources; regulatory framework.
M. Zhuravlova, D. Hamula
The article is devoted to the analysis of the difficulties that arise in the work of the experts-psychologists and art historians when conducting a complete psychological and art historical expert examination. The author substantiates the idea that the study of pornography is not the prerogative of purely art historical expertise, as it is now in the expert practice of Ukraine.
The question is raised as to the expediency of doing art historical research in cases where the fact of the presence of pornography in photographs or videos from criminal proceedings is beyond doubt and thus does not require special knowledge, in particular, an art expert or an expert psychologist. It is proposed to return art historical research to its status as art historical research, not «pornographic research» So, in the context of the issue, the existing art historical methodology for the research of pornographic products is critically examined, which does not quite meet the criteria of art historical research, but in essence, is more like a methodology in sexology and does not contain criteria for evaluating material objects for their cultural, historical or artistic value. It raises the difficult question that not everything that we might at first glance consider pornographic images can be. Sometimes, upon deeper study, it turns out that these images can be related to world culture, art, and especially modern art, such as ready-made or contemporary art. The article states that in such difficult and controversial cases, it is necessary to involve art experts. In a similar way, psychological experts should be involved in conducting comprehensive psychological and art historical expertise only in the case of establishing that a person looks like a child, that is, when the investigation has no data on the person’s true age. Also, a psychological expert is needed to establish the presence of a sexually explicit image and/or sexually explicit behaviour of a child, meaning that there are no obvious signs of pornography, but the image or behaviour of the child contains sexual subtext.
Key words: psychological and art historical expertise, psychological research, art historical research, pornography and art, modern art.
А. Doluda, V. Fedorenko, O. Puklich
The publication is devoted to issues of theory and practice of forensic expert art examination on the symbolism of the military invasion of the Russian Nazi totalitarian regime in Ukraine within the framework of the forensic speciality 15.1 – «Art examination». The categories «symbol» and «symbolism» are analyzed, as well as the provisions of the Law of Ukraine «On the prohibition of propaganda of the russian nazi totalitarian regime, armed aggression of the russian federation as a terrorist state against Ukraine, symbols of the military invasion of the russian nazi totalitarian regime in Ukraine», which define such objects of expert research as the Latin letters «Z», «V» and the symbols of the armed forces and other military formations of the russian federation, which carry out military aggression against Ukraine. The provisions of the current legislation regarding the ban on the production and promotion of St. George’s ribbon (guards’ ribbon) are being studied.
The main forms of using the symbols of the military invasion of the russian nazi totalitarian regime in Ukraine are determined. The peculiarities of expert examination of relevant objects by forensic art experts are characterized. Proposals regarding the improvement of the current criminal legislation in terms of responsibility for the use of symbols of the military invasion of the russian nazi totalitarian regime are substantiated.
Key words: forensic research, forensic art examination, symbol, emblem, war crimes of the russian federation, symbols of the military invasion of the russian nazi totalitarian regime in Ukraine, Latin letters «Z», «V», symbols of the armed forces of the russian federation, St. George’s ribbon (guards’ ribbon).
Judicial consideration of family disputes, in which the interests of the child are affected, is particularly difficult, since in its course not only controversial issues between parents and other persons are resolved, but also the fate of the child is determined. The key in expert practice in this matter remains the reluctance or inability of parents to understand the full depth of the traumatic situation in which their child falls, reacting to the emotions and actions of their parents.
In the process of writing the article, general scientific methods of analysis, synthesis, grouping and logical generalization were used in order to theoretically study the existing practices and own experience of expert research and to form the key directions of the work of a forensic expert in family conflicts.
The current experiences, feelings and emotions of children who, after the divorce of their parents, remain living with one of them, but constantly suffer from the unsatisfied ambitions of the other parent with whom the child does not live, are considered. In the example of specific children and the family situations in which they found themselves, the negative impact of factors and situations, in particular, questioning of children within the framework of a court session, forcibly depriving a child of the opportunity to choose a place of residence, limiting contacts and meetings with one of the parents on the psychological development of the child, was analyzed, formation of the child’s attitude towards himself and the surrounding world, determination of the direction of his social contacts in the future. Established regularities of children’s behavioural characteristics, in accordance with modern ideas about the driving forces, sources and conditions for the development of the psyche of the individual – the child’s mental development is mediated by communication and interaction with adults, and first of all, with parents. The child’s emotions, feelings and attachment to his parents, his real desire to live with one of them, taking into account the child’s opinion and inner desire when choosing a place of residence are determined. It is established that a differentiated approach should be used when choosing a place of residence, the child should not experience traumatic experiences and feelings of guilt, choosing one of the parents to whom he feels more attached at the moment.
Key words: attachment, parent-child relationship, imprinting, forensic psychological examination, children’s perceptions, family conflicts, emotional states, significant adult.
The article highlights one of the important aspects of conducting forensic psychological examinations in cases involving crimes against sexual integrity or sexual freedom of an individual. It is emphasized that the mentioned illegal acts can have a long continuation, which is most often manifested in repeated corruption of a minor person(s). It is characteristic that under the specified circumstances, the child mostly does not actively resist. This may be due to a number of factors, including the formation of trust in the criminal, his perception by an authoritative person (perhaps one who replaces the absent figure of one of the parents), as well as the use of various methods of psychological manipulation in relation to a minor.
The article is intended to draw the attention of forensic experts and employees of judicial and investigative bodies to the need to study the peculiarities of the interaction of a criminal with a minor in the situation of committing lewd acts against a child, which is of a prolonged nature.
The criminal’s use of psychological manipulation, which can affect the child’s personal, cognitive, and emotional-volitional spheres, is highlighted. This is important for the objective determination by the expert of the victim’s ability to understand the nature and meaning of the actions committed against him and resistance in the situation of illegal acts, and can also be considered by the judicial and investigative bodies as a component of the method of committing the crime.
Methods of psychological manipulation are described and examples of their use are given. It is noted that psychological manipulation can be applied to adults.
The article highlights the individual characteristics of the child, which predict its higher susceptibility to the influence of psychological manipulation, and also outlines the factors that increase the likelihood of the child suffering from lewd acts.
Key words: depravity of minors, lewd acts, psychological manipulation, object of manipulation, subject of manipulation, methods of manipulation.