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PROMISING DIRECTIONS IN THE DEVELOPMENT OF FORENSIC SCIENCE IN UKRAINE AND INTERNATIONALLY

R. Pertsev

The development of science and technology has had a positive effect on the detection and investigation of crimes. More and more, knowledge from various fields of science is used in the form of forensic to clarify the circumstances to be proved in cases pending before the preliminary investigation bodies or the court.

The use of forensic knowledge at different stages of the criminal process acquires particular relevance in connection with the need to harmonize the criminal procedural mechanism and introduce European and international standards into it.

For the further development of forensic science, increasing crime detection, as well as combating crime, the following aspects should be considered:

1. Creation of a legal platform for replenishing existing forensic records (DNA profiles, fingerprints) with new types, such as fixation of the iris retina, video computer recognition of a person by facial image and movement patterns, as well as development of confidentiality standards for information storage.

2. Application of the latest advanced achievements in the field of forensic technology, the development of new forensic techniques for the study of various objects and their adaptation to the needs of specific forensic activities.

3. Introduction and development of such a concept as forensic intelligence in pre-trial investigation, which will allow – make the most efficient use of information received from the scene, – to reduce the processing time of the received information through the development of intelligent technology, – create a platform for cooperation between units of pre-trial investigation for the rapid exchange of information and more complete use of all available resources for identifying a criminal, solving crimes and further transferring the case to court.

Of course, the development of forensic science is an important and priority area for scientists and experts in this area, deserving attention and study of this area.

Key words: the development of forensic science, legal regulation, forensic technology, forensic accounting, innovative technologies, forensic intelligence.

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NEW OPPORTUNITIES OF NUCLEAR PHYSICS RESEARCH OF THE OBJECTS OF ENVIRONMENT IN THE COURT EXPERTISE ACTIVITY

DOI: https://doi.org/10.33994/kndise.2020.65.39

P. Bilenchuk, V. Maslіuk, N. Svatіuk, О. Pop, O. Symkanych

In this paper are studied the possibility of using nuclear techniques, in particular, low-background measurements of the radionuclide content of natural (isotopes of natural series U / Th, 40K) and man-made origin for the identification of natural objects as non-nuclear materials. In particular, this can be the samples of soil, river sludge or rock, presented as evidential objects for court expertise.

Тhe proposed technique explores new data on the nature of the nucleosynthesis of the Earth’s crust, the distribution and conditions of radioactive equilibrium of the daughter’s isotopes of the U / Th series. Recent studies show the ability to use lowbackground research data to establish standards for the content / ratio of the clarks of chemical elements U / Th / K, which may be sufficient identification signs of a given territory like fingerprints for a person.

This is especially relating to such objects of the environment as samples of soils, rocks, etc. that are genetically related to a given territory. Considering these environmental objects as a subject of court examination, we can talk about their important role as an evidence-based argument, which in many cases allows us to identify the origin of the “criminal element”. Therefore, the methods of identification of environmental objects and their binding to a certain territory are very important.

The paper presents the first examples of such studies on samples of soil, river sludge and rock, taken from protected areas of Transcarpathia, the influence of manmade factors on which is minimal. It justifies the choice of the minimum number of radionuclide tags of a given territory, the method of sampling to obtain the radiation characteristics of a given area, and the statistical stability of the obtained data on the content of the studied radionuclides for different series of obtained samples is investigated. Systematic studies of this kind make it possible to carry out radiation mapping of territories as the development of the ideas of Vernadsky about the importance of taking into account ground-based radiation and to get a more accurate binding of the objects under study to a specific region.

The possibility of using the nuclear dating technique in forensic analysis according to low-background measurements about the content of natural U / Th series in environmental objects is shown. The results of nuclear dating of samples of the Carpathian rocks using the uranium method are presented.

Summing up, it can be said that nuclear techniques can be used not only to analyze radioactive materials, but also to complement effectively traditional physicochemical studies of the non-nuclear materials as forensic objects.

Keywords: forensics, natural objects, nuclear attributes, nuclear low-tech techniques, dating, identification, spatial localization.

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CONSTRUCTION AND TECHNICAL EXAMINATION ON INDIVISIBILITY OF A RESIDENTIAL BUILDING AS A MEAN OF ESTABLISHING EVIDENCE IN CIVIL PROCEEDINGS

DOI: https://doi.org/10.33994/kndise.2020.65.79

T. Kravtsova

The article deals with the issues of forensic examination as a mean of establishing evidence in civil proceedings, highlights the peculiarities of construction and technical examination in cases of termination of a person’s right to share in the common property.

The author concludes that provision of the construction and technical examination in cases related to the termination of a person’s right to a share in the common property requires an integrated approach. An expert shall use various methods, evaluate the object of an examination according to various criteria, and make consistent and logical conclusions in order to prepare an informative report.

Proper justification of the plaintiff’s position and proof of the technical impossibility of dividing the disputed property provides court with the grounds to satisfy the claim on termination of the right to a share in the residential building even with large area. However, like any other evidence, the expert’s report does not have a predetermined force for the court and is subject to assessment in conjunction with other evidence and circumstances of the case.

Key words: civil proceedings, a mean of establishing evidence, expert report, construction and technical expertise, residential building.

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FAKE DRIVERS AND CERTIFICATES FOR REGISTRATION OF VEHICLES MANUFACTURED ON POLYMER III GENERATION, EXAMPLE EXAMPLES

DOI: https://doi.org/10.33994/kndise.2020.65.78

S. Naumenko

Thus, the described documents on a plastic basis have a number of significant drawbacks. These factors contribute to the legalization of stolen and non-cleared vehicles, which in turn leads to costly losses and shortfalls in the budget of significant funds, as well as the use of fake driver’s licenses. To correct this situation, it is necessary to strengthen the protection of this type of documents by applying additional protection methods, for example: inscriptions or images that will be damaged when deleting personal data, leaving traces of erasing, applying personal data by laser engraving. Applying the document number after personalization by laser perforation or volumetric laser engraving, it is also necessary to establish effective control over consumables. These issues are most effectively resolved when implementing centralized personalization of this type of documents.

Key words: driver’s license, vehicle registration certificate, expert practice.

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TO THE QUESTION OF THE ESATBLISHENT AND FUNCTIONING OF THE MUSEUM OF THE KYIV SCIENTIFIC RESEARCH INSTITUTE OF FORENSIC EXPERTISE OF THE MINISTRY OF JUSTICE OF UKRAINE

DOI: https://doi.org/10.33994/kndise.2020.65.77

Yu. Foris, O. Yudina, V. Vynohradova

The article deals with the history of the museum from the year 1913 up to 2020. The premises and the exposition of the museum are described.

The history of the museum begins with the history of the Kyiv Institute, since the first museum was established under the Cabinet and the Cabinet under the Prosecutor of the Kyiv Judicial Chamber. The museum housed seized items that were material evidence in criminal cases. During the Second World War and after it, the Kyiv Institute did not initially have its premises. For a long time, the institute had problems with the premises, until the question of the dissolution of the institute was raised due to the inability to provide it with the proper premises Up to its one hundred jubilee celebration, the museum has to be restored once again. Particularly, this is the merit of Oleksandr Ruvin, the Director of the Kyiv Institute, the ideological organizer and leader who decided to create the museum and Dytro Hamov,the exemployee of the Kyiv Institute, whose efforts created the exposition.The exhibits for the Museum of the Kyiv Institute have been collected for decades, kept by the staff of the Institute and passed from one expert unit to another. Some of the exhibits were donated by colleagues. Part of the exhibits was selected within the Institute from the other departments (information-reference fund, archive, etc.), part was donated to the museum free of charge by individuals and organizations.

The exhibits of the museum are unsuitable for use on a previously scheduled destination, and those left out of the civil circulation, items of scientific interest.

In general, it should be noted that the dream of many generations of employees of the Institute came true, the Kyiv Institute operates its own forensic museum. However, the exposition also presents other types of forensics. The exhibits of the museum tell about the glorious past of the Kyiv Institute and set up an optimistic view of its future. The museum exhibits also eloquently confirm that one should not abandon the history of the establishment of the institute until the advent of Soviet rule and the onset of 1923, when the institute was “founded” once again, as this history has taken place and imprinted on the continued existence of both science and expert practice, not only the Kyiv Institute, but all forensic and expert institutions.

Keywords: museum, forensics, exposition, exhibit, history, stand.

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CLINICAL STRUCTURE OF MENTAL VIOLATIONS OF PERSONS WHO HAVE COMMITTED A CRIME OF SEXUAL NATURE

DOI: https://doi.org/10.33994/kndise.2020.65.76

O. Kozeratska

The article deals with the results of a scientific study carried out as part of a Doctor’s thesis “Forensic psychiatric assessment of persons who have committed a crime of sexual nature”. In order to achieve the goal of the study, the author analyzed 287 cases of forensic psychiatric examinations in relation to subjects who committed sexual offenses and were on forensic psychiatric examinations of an expert institution from the years 2000 up to 2015 (16 years).

In order to determine the relationship between the degree of violation of the ability to be aware of their actions and to guide them and resolve expert issues by the author, from the group of “imputability” empirically a group of “limited imputability” was selected that was artificially formed on the basis of the domestic concept of “limited saneness”. It was established that the discovered clinical features in this scientific research can be used to determine the criteria of “limited imputability” in the forensic psychiatric evaluation of persons who committed a criminal crime of sexual nature.

Key words: forensic psychiatric assessment, limited imputability, sexual crimes, disturbance of sexual instinct, paraphilia.

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GUNSHOT INJURY: THE ROLE AND PLACE IN THE STRUCTURE OF VIOLENT DEATH, FORENSIC DESCRIPTION OF LETHAL CASES IN THE CITY OF MINSK FOR THE PERIOD 2009-2018

DOI: https://doi.org/10.33994/kndise.2020.65.75

A. Husentsov, Ie. Kilzushov, A. Kozlovskyi, A. Lenkovets

The article sets out the main historical milestones in the development of forensic ballistics, summarizes the literature on the incidence of lethal gunshot injuries in the world, and presents the results of our own study of deaths from gunshot injuries in Minsk from 2009 to 2018. Medical and social laws have been established on the basis of which the forensic medical characteristic of a fatal gunshot injury, compiled average statistical “portraits” of those killed as a result of this type of violent death have been drawn up.

Analysis of the results of the study allows us to come to the following conclusions:

– the results of statistical reports and scientific literature indicate a high level of occurrence of fatal injuries in the structure of violent death in the world, is one of the main areas studied by forensic science and practice in the study of gunshot injuries;

– on the basis of a retrospective study, this forensic medical characteristic of a fatal gunshot injury in Minsk for the period from January 01, 2009 to December 31, 2018. It includes the type of death, gender, age, time of year, time of day, district of the city, place of causing gunshot injuries, presence ethyl alcohol, the place of death, the type of weapon, the type of ammunition, the type and location of the wound;

– the average “portraits” of people who died in Minsk in 2009-2018 were compiled because of this type of violent death.

In the “Expert Conclusion” and the decisions on the appointment of forensic medical examinations for the studied period, information about the possible ricocheting nature of the gunshot injuries was not found. This may be due to the lack of methods for establishing the fact and parameters of the ricochet of the gunshot and testifies to the need for further experimental studies in areas of forensic ballistics.

Key words: forensic ballistics, fatal gunshot injury, violent mortality, forensic characteristics, rebound, type of weapon, type of ammunition.

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METHOD OF PREPARING CYTOLOGICAL PRODUCTS USING AN ULTRASONIC BATH

DOI: https://doi.org/10.33994/kndise.2020.65.74

R. Starovoitova, I. Druchinina

The article presents a new technique for the preparation of cytological preparations, which can significantly increase the yield of cellular elements from traces of biological origin on material evidence. The use of this technique increases the percentage of positive results when conducting forensic cytological studies.

The study found that the use of an ultrasound bath in forensic examination of cigarette butts increases the number of cells removed by an average of 5-7 times compared to the conventional method of preparation of cytological drugs.

The analysis of the data also indicates that the storage time of cigarettes in the laboratory does not significantly affect the amount of cellular element extraction. Some difference in the average number of cells, for example, the shelf life of 1 month and 3 months, can be explained by the “dry” way of smoking cigarettes.

The use of this method in the examinations showed that ultrasound treatment does not affect the further investigation of these deficiencies in order to identify the antigens of the ABO system and to establish the category of excretion of smokers.

The application of this method makes it possible to use much less material in the examinations, and treatment with saline solution allows to save the biomaterial for further research by the method of DNA analysis.

Thus, the use of an ultrasound bath for the preparation of cytological preparations for cigarette butts can be recommended to forensic experts-cytologists for practical work, which will significantly increase the percentage of positive results in establishing the sex of saliva on these objects.

Key words: forensic cytological research methods, cytological preparations, ultrasonic bath.

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EXPERT POSSIBILITIES OF FORENSIC CYTOLOGY INVESTIGATION IN FORENSIC EXAMINATION OF MATERIAL EVIDENCE

DOI: https://doi.org/10.33994/kndise.2020.65.73

R. Starovoitova, T. Lichman

The article presents the history of the development and implementation of forensic cytological research methods in the practice of conducting forensic examinations of material evidence in the forensic examination bureau of Ukraine. The modern possibilities of forensic cytology methods for solving investigative issues in solving crimes against human life and health are shown in the article.

Due to the fact, that the object of study of expert cytologists and expert geneticists is the same substance, namely, nuclear cells of different tissues and organs, blood leukocytes, epithelial cells of saliva, vagina, rectum, sperm, and cells of the outer root vagina hair – forensic cytological studies necessitate the preservation of nuclear cells for further genetic analysis. To this end, the staff of the Forensic Cytology Department of the Main Bureau of Forensic Examination developed a method for the preparation of cytological preparations using an ultrasonic water bath, which allows increasing the number of cellular elements extracted.

At the same time, the specialists of the Odesa Regional Bureau of Forensic Examination introduced a technique for conducting molecular genetic analysis of nucleated cells in cytological preparations. Such techniques allow, even with a very small amount of biomaterial, to answer most of the questions posed by the investigator to the expert.

Key words: forensic medical examination of material evidence; forensic cytological research methods; micro objects of biological origin.