A. Stromylo, E. Lytvynenko
The article is devoted to the problem of domestic violence after the return of combatants to their homes. The main problems, consequences of PTSD and their manifestations in demobilized combatants were identified, namely, violence in families.
The main types of violence in families of demobilized combatants are physical, psychological and emotional violence. However, there is practically no developed effective toolkit for this problem. Therefore, the above-mentioned problems appear before the experts during the forensic psychological examination to solve the tasks, in particular: determining the presence of domestic violence in the families of combatants.
Key words: domestic violence, physical violence, psychological violence, emotional violence, combatants, post-traumatic stress disorder (PTSD).
The article is devoted to the problem of the influence of violence on the formation of personality in children and adolescents. Such types of violence as physical, psychological, emotional, sexual and neglect were analyzed.
Five types of teenagers are distinguished depending on their value system, types of behaviour, and types and degrees of aggression. It was determined that the experience of experienced violence determines emotional, behavioural and cognitive deviations in personality development. Deviations in the cognitive sphere are expressed in changes in thoughts, attitudes, and views on the world.
Key words: types of violence against children and adolescents: physical, emotional, psychological, neglect, sexual; cognitive, emotional and behavioural deviations.
M. Zhuravlova, V. Rudakova
The article is devoted to the analysis of difficulties arising in the work of expert psychologists when conducting research on persons serving sentences in prisons or in pre-trial detention centres (prisoners). The ways to overcome such difficulties are proposed in order to minimize the possible risks in the process of interaction between an expert psychologist and prisoners, which may cause significant psychological barriers during the process of their communication and create obstacles in the expert examination by psychologists with little experience in this very work.
The article outlines the psychological tools and steps that an expert psychologist can use in their work, such as:
1) informing the examinee about what exactly will happen during the
2) take into account the conditions of arrival (escort) of the prisoner for
3) using the open position of the expert
4) using interest to get the person under investigation motivated
5) taking into consideration the prisoner’s attempts to influence and form an
appropriate role position from the side of the psychologist
6) Using atypical diagnostic tools during the process of testing a prisoner’s person.
It is considered that the examination of persons with a certain criminal experience and who are in prison differs significantly from the examination of other examinees in terms of the conditions of diagnostic interview and testing. The negative position of a prisoner to the test, the conditions of arriving for the examination, and the reluctance to open up in the situation of the test can greatly complicate the work of a psychological expert.
The article highlights and identifies the issue that the decisive factor in conducting a psychological examination of prisoners is not the general training of the expert or the ability to use diagnostic tools, but the capacity to get the prisoner’s trust even in difficult conditions, to make the prisoner feel safe in communicating with the psychologist, and to maintain the sub-expert’s interest in undergoing the examination throughout the entire process of diagnostic interaction.
Key words: psychological examination, psychological research of prisoners, establishing psychological contact, safety of psychological research.
The article deals with the generalization of approaches to conducting forensic examinations (expert research) in the field of intellectual property, in particular, objects of copyright, which are the results of human creative activity in the fields of scientific, musical and artistic creativity. Attention is paid to the object of legal protection in copyright law – the «form» of the work. The author analyzed the norms of international law and national legislation, which establish the legal protection of copyright objects, and identified conflicts between the norms of the Civil Code of Ukraine and the new Law of Ukraine «On Copyright and Related Rights», in particular, regarding the definition of the criteria for the protective capacity of copyright objects, as well as the form of expression of the work and the time of occurrence of the copyright. The amendments to the national legislation, introduced the concept of «work» and types of works, as well as the concepts of «originality» and «objective form» of the expression of a work, the time (moment) of the creation it was investigated. It was established that the specified changes in the national legislation had a certain impact on the concept of the legal protection of copyright objects.
The issue of the legal protection of copyright objects, which should be taken into account by forensic experts during forensic examinations (expert studies), is summarized. Recommendations have been formulated for posing questions to court experts during the appointment of a forensic examination (ordering expert research) in the field of copyright.
Key words: forensic examination (expert research), object of intellectual property, object of copyright, work, legal protection, criteria of legal protection, originality of the work, objective form of expression of the work, time of origin of copyright.
The article is dedicated to identifying key paradigms that can be used in implementing competency-based approaches in the training and certification of forensic experts in the intellectual property field.
It is noted that the basis for practical activities in the field of forensic examination of intellectual property objects is applying the knowledge acquired by specialists for theoretical, procedural, and organizational provisions of forensic examination; mastering intellectual property rights’ legislative framework, basic theoretical and methodological knowledge of forensic examination in the field of intellectual property; acquisition of skills in applying methodological approaches for solving expert tasks during training (internship).
The approaches are highlighted to determine the types of professional competencies of forensic experts and specialists involved by the court, pre-trial investigation authorities, or other parties to the case in conducting forensic examinations.
It is proposed to divide the components of forensic experts’ competencies in the field of intellectual property into 3 main types: general competencies, special (professional) competencies in the field of intellectual property, and special (subjectmatter) competencies in a particular expert specialty. General and special (professional) competencies in the field of intellectual property can be applied to experts who are certified in all areas of forensic examination in the field of intellectual property. At the same time, special (subject-matter) competencies for each expert specialty should be defined, considering the content of the topics specified in the approved expert training programs.
The position is expressed on the expediency of granting forensic experts the right to choose the method of acquiring professional competencies independently.
Key words: expert, intellectual property, training of forensic experts, professional competencies of forensic experts, forensic science.
The article highlights the conduct of a forensic commodity examination to establish the quality of sowing equipment. The features that affect the quality of products are investigated. On the example of a pneumatic seeder, a list of defects (differences) that contribute to the identification of counterfeit sowing equipment is given. The rationale for conducting forensic commodity examinations of agricultural sowing equipment is indicated. Given the necessary objects of research, based on a generalization of expert practice, it is noted what complicates the work of an expert and what defects (differences) contribute to the identification of fake sowing equipment in the investigation of crimes.
Key words: commodity examination, planters, product quality.
The article examines the legislative aspects, in accordance with which the circumstances are determined under which it is impossible to fulfil obligations under loan agreements (agreements) and the circumstances under which it is possible to exempt from the performance of certain obligations under loan agreements in a special period (introduced on March 18, 2014) and the period of martial law in Ukraine (introduced on February 24, 2022) for the following categories of borrowers: legal entities, military personnel, ATO/JFO participants. In connection with the fullscale invasion of the russian federation on the territory of Ukraine, many borrowers (both legal entities and individuals) lost their outpost property, and assets, income decreased, many borrowers take part in hostilities, etc., which in turn affected the ability to repay their obligations under loan agreements. The study found that there are separate special approaches for the implementation of different contracts. In particular, regarding the fulfilment of loan, mortgage, and loan agreements, the only requirement for releasing a person from liability for the inability to fulfil his obligations under the agreement is the introduction of martial law. But at the same time, in order to exempt military personnel and participants in the ATO/JFO from the accrual of penalties for failure to fulfil their obligations and interest on using a loan, it is necessary to notify the bank (or other financial institution in which the loan was issued) in writing about military service and provide supporting documents. In relation to legal entities, the legislator requires to prove the fact that it is impossible to fulfil the contract due to the onset of force majeure circumstances, the occurrence of which is confirmed by the Ukrainian Chamber of Commerce and Industry in a legislative manner.
Key words: loan, loan agreement, special period, martial law, soldier, ATO/JFO participant.
О. Tatarnikova, M. Rudaia
The article is devoted to the generalization of methodical approaches and the competence of forensic economists when conducting research on confirming the amount of material damage (losses) of banks. The subject and objects of expert research on confirming the amount of material damage (losses) of banks have been determined.
The subject of the study is a system of theoretical, methodical and practical aspects related to the expert study of issues of confirmation of the amount of material damage (losses) caused to banks from non-repayment of loans, determined by the controlling bodies within their competence.
The algorithm for determining with the help of economic expertise issues related to causing material losses, as well as issues related to determining the presence and amount of losses in financial and credit relations, based on the generalization of the practice of appointing and conducting economic expertise, which can be applied in modern realities in Ukraine, is substantiated.
The proposed main approaches to solving issues related to the assignment of material damage (losses) to banks from non-repayment of loans due to the debtor’s loss of obligation and/or loss of the ability to collect debts and the assignment of material damage (losses) to banks from non-repayment of loans due to the bank’s withdrawal claim rights with a discount.
Key words: banks, losses, material damage, expenses, loss of assets, income,
The article is devoted to the generalization of approaches and key aspects of economic expertise of accounting, assessment and taxation of transactions with financial instruments. Based on expert practice, the questions that are most often put before experts by the bodies of preliminary investigation and the court during the investigation are summarized, and the methodology for solving questions of the correctness of financial instruments in the accounting by economic expertise is summarized. Methodical approaches to the economic expertise of accounting issues and valuation of financial instruments have been determined, including identification and generalization of typical offences, standardization of the tools for checking the reliability of accounting data, and methods of expert verification of indicators of the fair value of financial instruments in accounting. The peculiarities of the application of the specified methods in the practice of expert activity have been revealed, which will allow optimizing expert research and contribute to strengthening the reliability of the cost presentation of financial instruments in reporting.
The methods for resolving the issues of the correctness of reflection in the accounting of financial instruments by forensic economic expertise were developed to cover and disclose the key aspects of the expertise of accounting, valuation, and taxation of transactions with financial instruments. It presents methodical approaches to the forensic economic expertise of accounting and valuation of financial instruments, including identification and generalization of typical offences, standardization of tools for verifying the accuracy of accounting data, and methods of expert verification of the fair value of financial instruments in accounting. Its application in the practice of expert activities will optimize expert research in this area and will help strengthen the reliability of the value of financial instruments in the reporting.
Key words: economic expertise, equity instruments, present value, financial assets, financial liabilities, financial instruments.
The article considers the main documents that are necessary for conducting land-technical examinations and their features, the most frequent questions about the overlap of land plots that are put before the expert, as well as problematic aspects that arise in solving issues when conducting land-technical examinations and proposals for their solution.
Based on the results of the research, it can be concluded that one of the main aspects in solving issues when performing land and technical expertise is the presence of mandatory documents certifying the ownership of the land plot (state act, certificate of ownership of real estate, certificate of inheritance, extract, etc.) and the initial data (coordinates) indicated in the documentation and topographical geodetic works. which can be compared. A problem in the performance of land and technical examinations is the uncertainty of the forensic expert in the correctness of the topographical and geodetic work to determine the coordinates of the turning points of the borders of a particular land plot, which can lead to erroneous conclusions because the result of research depends on the initial data. However, the expert is not responsible for the correctness of the materials, documents and initial data provided to him, and for the correctness of actions performed by the specialists involved.
Proposals for solving the considered problem include becoming a forensic expert, as a specialist who has the right to engage in topographical and geodetic activities in accordance with current legislation, which will enable him to independently perform relevant works and be confident in the correctness of their execution.
Key words: land and technical expertise, land plot, ownership documents, land management documentation, overlay, comparison, actual use, topographical and geodetic works, coordinates.