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SOME ASPECTS OF THE ACTIVITIES OF THE KYIV SCIENTIFIC RESEARCH INSTITUTE OF FORENSIC EXPERTISE’S EMPLOYEES IN VARIOUS POLITICAL AND SOCIAL CONDITIONS (1913-2022)

DOI: https://doi.org/10.33994/kndise.2022.67.69

V. Koloniuk, Yu. Foris, O. Yudina, V. Vynohradova

The article deals with some aspects of the history of the existence and development of the Kyiv Scientific Research Institute of Forensic Expertise, the historical personalities of its employees, their dedication, and heroic work.

The history is multifaceted. It always directly combines the history of the State itself with the history of organizations, institutions, enterprises, and other institutions that contribute to its functioning, and, in general, to prosperity. In turn, the fruitful work of the employees, and their achievements in science and practice are a contribution to history that cannot be forgotten. Life goes on and there are always fields for achievement.

Key words: forensic examination, history of the Kyiv Scientific Research Insti tute of Forensic Expertise, historical employees of the Kyiv Scientific Research Institute of Forensic Expertise.

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MENTAL HEALTH AND EMOTIONAL STATE OF CHILDREN IN THE ASPECT OF THE EFFECTS OF PARENTAL DIVORCE PROCESSES AND DETERMINING THE PLACE OF RESIDENCE OF A CHILD

DOI: https://doi.org/10.33994/kndise.2022.67.68

I. Stadnik

The article considers the current problems of children whose parents are in the process of divorce and can not determine the place of residence of the child. The influence of psycho-traumatic factors and situations on the development of cognitive, regulatory and personal spheres of psychological development of the child, taking into account age, is analyzed. Regularities of behavioral features of children suffering in the process of long-term judicial investigation and consideration of cases on determining the place of residence have been established.

In order not to violate the Convention on the Rights of the Child, the forensic expert must conduct all possible examinations, studies, and experiments to determine the attachments of children, their mental health, and comfort zone. It is necessary, as a final result of the study of children who are not to blame for a traumatic situation that can lead to mental damage, to take into account the desire of the child and provide him with the psychological right to live with the parent with whom he is comfortable.

Key words: emotions, mental health, stress, anxiety, traumatic situation.

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IMPLEMENTATION OF THE PRINCIPLES OF FORENSIC PSYCHOLOGICAL EXAMINATION ON CERTAIN RESEARCH EXAMPLES IN FORENSIC EXPERTOLOGY

DOI: https://doi.org/10.33994/kndise.2022.67.67

T. Litvinova

On the basis of practical experience in a scientific article, the author considers the implementation of special methodological principles directly related to the conduct of forensic psychological examination.

It is concluded that the formation of special knowledge by an expert in compliance with ethical codes and rules for conducting forensic psychological examinations is actively operating today, and the implementation of the principles of forensic psychological examination is demonstrated by forensic psychologists, who aim not just to state the facts, but to justify the necessary establishing the truth in specific cases, while helping the investigating authorities to form an evidence base, and the court to resolve the issue of psychological content.

Key words: forensic psychological examination, principles of forensic activity, criminal proceedings, the use of a polygraph.

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FACTORS OF UNCONSCIOUS CURVATURE OF THE MANIFESTATIONS

DOI: https://doi.org/10.33994/kndise.2022.67.66

O. Tsilmak

The article is devoted to a systematic description of the criteria that affect the unconscious definition of unreliable revelations during interrogation, namely the definition of 1) the subconscious level of the psyche, in particular: a) implicit memory and its phenomena – priming; b) unconscious deep mental institutions; and 2) the main areas of the personality psyche (mental processes, acquired and acquired properties).

It is noted that the verification showed that the personality must be discovered experimentally, and this is possible only with the help of a forensic psychological and psychiatric examination. Only specialists in the field of forensic psychological and psychiatric examination can experimentally establish exactly how much a person is able (and was able) to understand the meaning of his actions or control his actions.

Investigators, investigating judges and judges must necessarily know the basic criteria for assessing the signs of an unconscious assessment of the assessment, this will be the validity of the assessment, that the forensic psychological and psychiatric examination will be justified, and the following will be empirically revealed: 1) the degree of suggestibility of the individual; 2) personality type for all kinds of stress factors; 3) the mental state of individuals during the consideration of offenses and after it; 4) assessment of the mental state of individuals for its receipt and properties during the detection of offenses and after it; 5) the degree of the individual’s ability to: a) memorize, store and reproduce information; b) the degree of concentration of the person’s attention; c) features of detection of cases of occurrence; d) the ability to think critically, etc. The prospect of development of psychological and forensic competence among investigators, investigative courts, and courts, especially in the field of verification of information and data, is noted.

It is emphasized that the subconscious level of the human psyche is quite difficult to study and diagnose, however, due to conscious cognitive and volumetric characteristics and forms of personality, there is the ability to understand implicit memory and its phenomenon – priming, deep psychological attitudes, as well as their assessment of the reliability of testimony.

Key words: verification, interrogation, essential and cognitive stereotypes, implicit memory, criminal proceedings, unconscious curvature, priming

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FEATURES OF THE FORENSIC EXAMINATION (OF EXPERT RESEARCH) IN THE FIELD OF INTELLECTUAL PROPERTY ARE RELATED TO THE TERMS OF PROVISION OF LEGAL PROTECTION OF INDUSTRIAL DESIGNS, DEFINING THE CRITERIA FOR THEIR PROTECTION ABILITY AND VOLUME OF USE

DOI: https://doi.org/10.33994/kndise.2022.67.65

I. Korostashova

The article is devoted to the generalization of approaches to forensic examinations (of expert research) in the field of intellectual property, in particular industrial designs. The analysis of the national legislation in the field of intellectual property is carried out and new approaches in the field of the legal protection of industrial designs are revealed.

The peculiarities of conducting forensic examinations (providing expert opinions) on determining the conditions of the legal protection of industrial designs, criteria for their legal protection, and volume of use have been researched.

An analysis of the conditions for granting legal protection to industrial designs, in particular compliance with public order and the principles of humanity and morality was performed. An analysis of normative sources that define the meaning of the term “public order” and regulations that should be used by a forensic expert to establish compliance of industrial designs with the principles of humanity and morality was performed.

The analysis of criteria for protection of industrial designs (novelty and individual character) was carried out. The peculiarities of determining the new criterion of the legal protection of industrial design (individual character) for the national legislation, for the assessment of which the “degree of freedom of the author” is taken into account, was established. The concept of “degree of freedom of the author” was studied and the features that should be taken into account during forensic examinations (of expert research) are determined.

Recommendations that should be taken into account by the subjects of appointment (order) of forensic examinations (of expert research) and forensic experts were formulated.

Key words: forensic examination, an object of intellectual property, industrial design, legal protection, conditions of legal protection, criteria of protection, public order, degree of freedom of the author.

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IMAGE OR IMITATION BY A TRADEMARK OF THE STATE FLAG OF UKRAINE AND OTHER STATE FLAGS: PROBLEMS OF FORENSIC THEORY AND PRACTICE

DOI: https://doi.org/10.33994/kndise.2022.67.64

V. Fedorenko, V. Kovalenko, T. M. Chabanets

The article is devoted to the problems of theory and practice of expert investigation of the image or imitation of a trademark of the State Flag of Ukraine and other state flags within the forensic-expert specialty 13.6 – ”Investigations related to commercial (trade) names, trademarks (marks for goods and services), and geographical indications”.

Flags, as well as similar banners, banners, bugles, standards, gonfalons, pennants, etc. emerged in the history of Western Europe along with the formation of monarchies and the first European states. Their emergence relates to the origin of coats of arms and heraldry. However, heraldry does not cover issues of color, figures, size, proportions, and texture of flags. These issues are the subject of vexillology (from Latin vexillum – “flag” and from Greek λογοs – “science”) as the “science of flags”, which emerges much later than heraldry, in the 1950s and continues to take shape until today.

The flags of monarchs, orders, states, and nations have been preserved in textured form in museums, temples and treasuries of Europe no later than the 16th century. At the same time, science and art know numerous images of flags. The drawback of these depictions of flags is their inaccuracy in conveying the colors, figures and proportions of the flag cloth used. In addition, each of the modern state flags of the countries of the world has its own history of origin, development, and semiotic meaning. It is not uncommon for state flags with a rich history, such as the flag of Portugal, contrary to the rules of heraldry in terms of combination of colors.

The State Flag of Ukraine has a rich ancient history, which has its roots in the times of the Kingdom of Galicia-Volynian, when the colors of the coat of arms –Golden Lion on a blue field – began to be used on the banners. The Ukrainian flag received its further development during the Ukrainian Cossacks time, and in 1918 the Central Rada adopted the “Law on the State Flag of the UNR” and it was revived in 1990-1992 in independent Ukraine.

The military aggression of Russia against Ukraine in 2022 and the huge support of Ukraine abroad contributed to the popularity of the State Flag of Ukraine all over the world. In this regard, there is a temptation to image or imitate the trademark of the State Flag of Ukraine. Similar cases used to take place with the state flags of foreign states.

The features of the expert study of the question “Is the trademark XXX image or imitation of the State Flag of Ukraine?” are revealed in the forensic specialty 13.6 – “Research related to the commercial (trade) names, trademarks (marks for goods and services), geographical indications”.

Key words: state symbol; flag; state flag; State Flag of Ukraine, forensic examination of intellectual property objects: trademark; expert examination of trademark; imitation.

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CURRENT GENERAL THEORETICAL ISSUES OF MODERN FORENSIC COMMODITY EXAMINATION

DOI: https://doi.org/10.33994/kndise.2022.67.63

Ya. Zaiats, M. Bednarchuk, A. Yarovyi, S. Dolynskyi, N. Popovych

The article is devoted to the search and scientific substantiation of the directions of theoretical research, which will ensure the integration of domestic forensic commodity expertise into the relevant European system of scientific knowledge. It has been established that Ukraine has a wide range of footwear for servicemen, which is a potential object of forensic commodity expertise but has not yet been studied from the standpoint of modern commodity science. The range of footwear offered by “Prof 1 Group”, “Scout Tactical”, and “Patriotshop” was analyzed and the nomenclature of their properties, which has more than 30 characteristics, was studied. It is shown that at the level of groups and types of this footwear has significant features of classification, marking, and other commodity characteristics, which are significantly different from the system of special knowledge of the domestic expert commodity expert. The systems of marking the anthropometric characteristics of the studied footwear and their units of measurement in the USA, Great Britain, and the European Union are compared.

It is revealed that the system of special knowledge of commodity experts in the field of footwear needs to be optimized by supplementing scientific information on the main categories of footwear commodities. It is proposed to develop such addition as two blocks of information that correspond to separate basic categories of commodity science. The first block – scientifically sound data on current classification systems, new consumer properties, modern groups, species, and intraspecific range of footwear for servicemen. The second block – data on marking and schematic representation of measurements of anthropometric sizes of footwear and feet of consumers, which are developed based on a single scientifically sound scale of sizes and completeness; such a scale will be agreed with and approved by the Ministry of Defense of Ukraine, harmonized with the relevant scales in force in the developed world, mandatory for all producers and suppliers of this product in Ukraine.

In the example of commodity knowledge about footwear for servicemen, the objective necessity and urgency of improving the existing Ukraine classification systems of uniforms, which is a potential object of commodity examination, in three directions: updating, harmonization with the needs of supply and trade practices, coordination with similar classification systems in developed countries.

Based on the results of theoretical commodity research, it is proposed to modernize the system of special knowledge of a forensic commodity expert by developing a full range of modern methodological support for expert activities.

Key words: forensic examination, theoretical research, footwear for servicemen, classification, marking.

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SOME ASPECTS OF COMMERCIAL EXAMINATION OF LEATHER BAGS

DOI: https://doi.org/10.33994/kndise.2022.67.62

T. Kundilovska

The current state of the commodity market of leather haberdashery is characterized by the predominance of both imported and domestic low-quality products. The lack of proper market supervision and quality control of products that are sold in retail chains and in manufactured goods markets leads to the spread of counterfeit products. Therefore, it is relevant to develop and implement in the practice of commodity experts such methods that can be effectively used to identify haberdashery goods made of leather in order to prevent counterfeit products from entering the market.

The article substantiates the expediency of conducting a comprehensive merchandising examination of leather bags based on the definition of identification criteria.

It is noted that the use of modern synthetic materials imitating leather, and composite polymer materials in technologies for haberdashery goods leads to a change in the range of goods, and product groups, which requires the improvement of expert methods of assessing the quality and market value of goods.

The shortcomings of the normative documentation regulating the terminology, production, nomenclature of quality indicators, quality requirements for materials, and haberdashery made of leather are formulated, it is noted that the standards are obsolete, are not revised taking into account the emergence of new materials, technologies, changes in the range of goods.

The criteria for identifying leather bags are substantiated: the pattern of the derma (surface of the dermis after dressing the skin), the symmetry of the details, the state of processing of accessories and seams, and the characteristics of the lining material, the state of marking and packaging.

Methods for evaluating the quality indicators of goods are systematized, namely, organoleptic, measuring, chemical, and microbiological.

The following algorithm of actions is proposed when conducting a merchandising examination of leather bags: analysis of regulatory and commodity-accompanying documentation; identification and assessment of conformity, taking into account the selected identification criteria and assessment methods; identification of defects; determination of the naturalness of the skin by methods of chemical, microbiological analysis; assessment of combustibility and heat transfer of material by express methods; analysis of identification results and formation of an expert conclusion.

The developed comprehensive methodology of commodity expertise can be used to establish the facts of falsification of leather goods, in the practice of forensic experts in order to determine the market value of goods.

Key words: commodity examination, leather bags, haberdashery, identification criteria, defects.

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CLASSIFICATIONS OF JUDICIAL COMPANY EXPERTISE

DOI: https://doi.org/10.33994/kndise.2022.67.61

О. Sadchenko, О. Shevchenko

The analysis of the practice of using special commodity knowledge shows that for research at the present level it is necessary to develop theoretical problems, among which the classification of forensic examinations is relevant. The authors offer their own classification of forensic examinations on various grounds.

1. According to the degree of generalization, subordination, forensic examinations should be divided into: class, genera, species and subspecies.

Class: commodity examinations. Types: a) commodity examination of food products; b) commodity examination of non-food products; c) commodity examination of works and services.

Types (subspecies): a) commodity examination of food products is divided into:

– examination of goods of plant origin;
– examination of goods of animal origin;
– examination of goods of mixed origin. b) commodity examination of non-food (industrial) goods is divided into: – examination of consumer goods (consumer goods); – transport and commodity examination (auto commodity; examination of military vehicles; examination of vessels; examination of aircraft); – examination of machines, equipment, raw materials (examination of military property, machinery and weapons); – examination of real estate, real estate (examination of integral property complexes; examination of buildings; expert monetary valuation of land plots (shares)); – examination of cultural values; – examination of objects of painting and applied arts (examination of objects of painting and graphics; examination of sculpture; examination of objects of folk crafts; examination of objects of table setting, etc.); – examination of watches; – examination of securities goods; – examination of goods of property rights to intellectual property (examination of audiovisual products and software); – examination of clothing (examination of knitwear; examination of garments; examination of textiles; examination of fur products; examination of leather products; examination of outerwear, etc.); – examination of fur products; – examination of perfumery and cosmetics; – examination of shoes; – examination of haberdashery (examination of leather haberdashery); – examination of household appliances (examination of photo, radio and video equipment; examination of computers; examination of household electric lighting, etc.); – examination of furniture products; – examination of facilities (livestock, poultry and other live animals); – examination of goods of the construction group; – examination of printed products (examination of books and printing products, etc.); – examination of jewelry (examination of articles of precious metals; examination of articles of precious stones); – examination of stationery; – examination of medical equipment; c) commodity examination of services.

2. Classification of forensic commodity examinations by type of problem to be solved: – commodity examination, to solve classification problems (determination (establishment) of compliance: commodity characteristics of the studied objects with basic data (registers, etc.), data of similar products, marking data recorded on labels or tags, belonging to the same type or article); – commodity examination, to solve diagnostic problems (establishment: the presence of defects and their impact on product quality; compliance (non-compliance) of quality characteristics of products with standard and reference requirements; factual data related to compliance (non-compliance) with the rules of packaging, labeling, storage, transportation, rejection, revaluation and reduction of the price of goods).

3. Classification of forensic commodity examinations by type of object under study: – commodity examination, the objects of research of which are directly only products (commodity origin); – commodity examination, the objects of research of which are only documents (they reflect the state of the goods, the processes that took place with it, commodity transactions, etc.) (circulating name– “examination of documents”); – commodity examination, the objects of study of which are mixed objects (products; samples of products; documents which reflect information about the peculiarities of the origin of goods (certificates, quality certificates, technical passports, labels, etc.), freight (shipping) documents, acceptance or warehouse documents, claim materials, etc.).

Key words: forensic examination, classification of forensic examinations, special commodity knowledge, commodity specialist, examination of food and non-food
products.

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PECULIARITIES OF TAXATION OF LEGAL ENTITIES DURING MARTIAL LAW IN UKRAINE

DOI: https://doi.org/10.33994/kndise.2022.67.60

I. Syvova

The article is devoted to the study of the issue of determining the amount of payment by legal entities to the budget of the single tax and value added tax during martial law in Ukraine.

The purpose of the article is to determine the approaches to conducting expert economic research, in solving problems related to the calculation of a single tax and value added tax.

Payment of the single tax and value added tax during martial law in Ukraine, provided by the Law of Ukraine “On Amendments to the Tax Code of Ukraine and Other Legislative Acts of Ukraine regarding the Validity of Norms for the Period of Martial Law” as of March 15, 2022, No. 2120-IX.

The purpose of expert economic research in solving problems of charging a single tax and value added tax during martial law in Ukraine, is a documentary and regulatory solution to the problem of charging payments to the budget.

Key words: martial law, single tax, value added tax, tax credit