Posted on

THE CURRENT CONDITION OF HOME VIOLENCE ISSUES AGAINST WOMEN IN UKRAINE AND FORENSICS ASPECTS

DOI: https://doi.org/10.33994/kndise.2020.65.72

O. Babkina, A. Tkachov

The article is devoted to the analysis of the aspects of providing legal assistance to women victims of domestic violence in Ukraine. Due to our analysis, we have demonstrated that in Ukraine, legislative documents have been developed at the legislative level to prevent domestic violence and the observance of women’s rights, and forms of domestic violence have been identified (psychological, physical, sexual). The main standards of the regulatory framework of Ukraine are consistent with the Istanbul Convention. In practical work, law enforcement agencies interact with social services, medical institutions, forensic medical examinations and many others to provide timely, fullfledged assistance to women in cases of detected domestic violence, and in each case develop a system of measures to prevent, promote and prevent domestic violence.

A positive aspect in the modern legislation of Ukraine was the establishment of restrictive measures for persons who committed domestic violence in the form of a ban on staying in a place of cohabitation with a person who suffered from domestic violence; prohibitions of approaching a place or person who has suffered from domestic violence, etc. Attention is drawn to the fact that for the first two violations, the person who committed domestic violence can be held administratively liable, and for the third time, criminal liability.

Recommendations are given on conducting a forensic examination in cases of domestic violence against women, in which, in addition to the mandatory points reflected in the Rules for the Examination of Victims, Accused and Other Persons, aspects of an ethical approach are noted to reduce the psychological trauma of women during examination.

It was emphasized that the issue of beatings, torment and torture falls within the competence of the bodies of pre-trial investigation/court and is not the competence of forensic medical examination.

Key words: domestic violence, gender equality, legal assistance to women, forensic examination, Istanbul Convention.

Posted on

THE ESSENCE AND BASIC CONCEPTS OF STRATEGIC PLANNING

DOI: https://doi.org/10.33994/kndise.2020.65.71

S. Poluianov

The article outlines the essence of strategic planning by analyzing the relationship between the main terms and concepts, such as strategy and strategic plan, management and planning, long-term and strategic planning and analyzes the existing system of strategic leadership of the Armed Forces of Ukraine and other military units.

The differences between long-term and strategic planning are systematized. The table of differences between long-term and strategic planning is given as well.

The issues of strategic leadership of the Armed Forces of Ukraine and other components of the defense forces are described in detail.

Key words: strategy, strategic planning, plan, management, state (military) management, management, long-term plan, strategic leadership, management system.

Posted on

SOME ASPECTS OF THE EVALUATION ACTIONS OF MILITARY OFFICERS OF ANTI-TERRORIST OPERATION AND THEIR DIFFERENCES FROM EVALUATION THE ACTIONS OF THE SAME PERSONS DURING THE UNITED FORCES OPERATION

DOI: https://doi.org/10.33994/kndise.2020.65.70

A. Vlasiuk

The article lays out certain aspects that are being investigated within the framework of the research work “Development of a methodology for conducting military forensic assessments of the actions of officials (leaders, commanders, chiefs) of counter-terrorism entities during an anti-terrorist operation” based on the analysis of the structure of the forensic expert methodology, as well as their differences from the evaluation of the actions of the same persons during the operation of the united forces in repelling armed aggression of the Russian Federation.

Thus, research of certain aspects of the evaluation of the actions of officials (leaders, commanders, chiefs, other military personnel) of the anti-terrorist operation and the actions of the same persons during the operation of the united forces, indicates differences in international and national legislative, other regulatory regulation of their activities. In particular, in various state-authorized bodies of the state security and defense sector, forces and means that were used (are used) during the operation, management of the operation, goals, objectives, functions, planning, provision and organization of its implementation, use as directed by personnel military units, the legality of using weapons, etc.

At the same time, the conducted studies provide the basis for understanding the need to further improve the legal regulation of operations by forces and means of the Armed Forces of Ukraine, the Security Service of Ukraine, other bodies of the security and defense sector and searching and providing answers to questions that arise in modern conditions administration of justice, including in the course of conducting forensic military examinations.

Key words: anti-terrorist operation, operation of the combined forces to repulse the armed aggression of the Russian Federation, forensic military examination, military official.

Posted on

SCIENTIFIC DEVELOPMENTS IN THE FIELD OF MILITARY EXPERT RESEARCH

DOI: https://doi.org/10.33994/kndise.2020.65.69

V. Savechko, A. Kozlov

The article deals with the main results of the interim report for 2019 of the research work “Development of a methodology for establishing the conformity of actions (inactions) of officials with the requirements of regulatory documents on the organization of storage of missiles and ammunition and other means of destruction at arsenals, bases and warehouses” on the implementation of the activity of the troops (forces) of the Alliance’s military standards, the definition of the subject, object, main tasks and indicative list of issues of military expertise on the study of storage organization of missiles and ammunition.

Application of the methodology relates to the research of the following issues:

– the formation of arsenals, bases and warehouses; planning and organizing of daily life tasks and official activities; security and defense organization; countering sabotage and terrorist attacks; fire safety; storage of missiles and ammunition; fail safe;

– determining the causal link between the actions (inactions) of the officials of the Armed Forces of Ukraine, other forces formed in accordance with the laws of the military forces, law enforcement agencies of the security and defense sector to the current legislation (functional duties, instructions).

Key words: arsenal, base, warehouse, ammunition, fail safe, storage of missiles and ammunition, open storage area, organization of security and defense, daily life and official activities, fire safety, counteraction to sabotage and terrorist attacks, rocket and artillery weapons, ground-type storage.

Posted on

TRANSFORMATION OF THE SYSTEM OF UNIFIED LEADERSHIP OF THE DEFENSE AND MILITARY COMMAND IN THE ARMED FORCES OF UKRAINE

DOI: https://doi.org/10.33994/kndise.2020.65.68

V. Savechko, O. Chernysh

The article deals with the directions of the transformation of the joint leadership of the defense and military command and control forces in the Armed Forces of Ukraine in accordance with the Basic Principles of the organization of the joint leadership of the defense and military command in accordance with the Schematic diagram of the perspective system of the joint command of the defense and military control in the Armed Forces of Ukraine on the basis of NATO principles and standards.

Attention is focused on the principles of organizing joint leadership of the defense and military forces in the Armed Forces of Ukraine. The content and essence of the principles of organizing joint leadership of the defense and military forces in the Armed Forces of Ukraine are described. The scheme of the system of combined leadership of the defense and military forces in the Armed Forces of Ukraine is given.

The main functions between the structural divisions of the General Staff of the Armed Forces of Ukraine are described in detail.

Key words: transformation, joint leadership of the defense and military forces, General Staff of the Armed Forces of Ukraine, Commander-in-Chief of the Armed Forces of Ukraine, structural units, organizational activities, organizational structure.

Posted on

INCONSISTENCY OF THE CONTENT OF THE REFORM (DISSOLUTION, REORGANIZATION AND FORCE REDUCTION) OF MILITARY COMMAND AND CONTROL UNITS, MILITARY UNITS (INSTITUTIONS) OF COMBAT ARMS, SPECIAL FORCES AND SERVICES OF THE ARMED FORCES OF UKRAINE IN 1991 – 2014 YEARS TO THE REAL NEEDS OF THE ARMED FORCES OF UKRAINE FOR THEIR ABILITY TO FULFIL THE ASSIGNED TASKS

DOI: https://doi.org/10.33994/kndise.2020.65.67

О. Ruvin, O. Srednii

The article deals with the main provisions that are being investigated within the framework of the research work “Development of the methodology for conducting forensic military examinations related to the level of defence capability of the state”.

The authors investigate the inconsistency between the Strategic Planning of the Armed Forces of Ukraine and the Defence Planning measures conducted in the country during 1991-2014.

In order to restore military registration throughout the country in 2016, district (city) MC were further formed in administrative-territorial units of the district type, where they were reduced in previous years.

Thus, one of the main indicators of the mobilization readiness of the MC is their real capacity for the full and timely deployment of mobilization resources to the troops. However, the results of the implementation of the MC tasks for lifting and submitting part of the mobilization resources during 1-6 phases of partial mobilization in 2014-2015, confirm the existence of significant problems and inconsistencies between the real and necessary capabilities of the MC to fulfil the assigned tasks.

In the opinion of the authors of the article, the necessary and necessary techniques for conducting judicial military examinations, which are an important tool for objective evaluation of actions (inaction) of military officials (commanders, commanders, commanders, commanders) in matters of construction, development, training and implementation of the AF, are needed and required. The establishment of a causal link between the violations by the abovementioned officials of the requirements of the current legislation and the occurrence of grave consequences related to the death of personnel, the loss of arms, military equipment, material means, etc.

Key words: Armed Forces of Ukraine, military authorities, military units, troops, special troops.

Posted on

TO THE QUESTION OF DEFINING THE CONCEPT OF FORGING ART WORKS

DOI: https://doi.org/10.33994/kndise.2020.65.66

I. Polishchuk, V. Koloniuk

The article consistently discusses basic terminology related to the forgery of works of art.

In particular, the phenomenon of attribution is explored, which means the definition of authenticity, authenticity of a work of art, its author, place and time of creation.

The concept of the original, which is generally referred to as the basis for reproduction, copying and reprocessing, is explored. Attention is drawn to the fact that in Ukrainian, law this term (original) is not defined, but it can be identified with the phrase “material object in which the work is embodied”. It is determined that the legislator uses the term work, axiomatically considers that the material object in which this work is first embodied, and is the original. It is stated that the legislator does not define the term work, but interprets such concepts as a work of architecture; a work of fine art; a work of applied art. In summary, it is important in this context to understand the distribution of copyright and ownership of the tangible object in which the work (original) is embodied. Issues of the category of “original” in engraving are covered.

Different levels of copy concept (doublet, replica, repetition) are considered.

It is established that the concept of art is the variant most similar to the derivative work in law, which is a creative alteration of another existing work without harming its protection. At the same time, the situation in which the variants of the work are performed by the author of the original, and when it comes to imitation, endorsement and shepherds, in which reference is made to already existing works of other persons, is delimited.

It has been found out that in addition to intentional fraud, there are many noncriminal reasons why a work of art may not be attributed to its original author.

On the basis of the conducted research, the author’s definition of fake work of art, which is a material object in which the work is embodied, the author (producer) and/or the time and place of creation (manufacture) of which is untrue, but was presented as such, and this is refuted by evidence that is beyond doubt – a complex art and technology – technological expertise, taking into account relevant research on provenance and ownership history.

Key words: work of art, attribution, original, engraving, copy, replica, repetition, variant, derivative work, appropriation, fake.

Posted on

THE USE OF INFORMATION SOURCES AT CARRYING OUT A FORENSIC EXAMINATION OF THE OLD PRINTED EDITIONS OF THE CYRILLIC ALPHABET

DOI: https://doi.org/10.33994/kndise.2020.65.65

I. Khodchenko, E. Yudina, V. Koloniuk

In forensic science is used a full and objective investigation of a crime or the settlement of a civil claim that requires the use of specialized knowledge, in particular, when examining an expert in the printed editions of Cyrillic. The methodological approaches of eminent scholars on the attribution and cultural evaluation of old printed books are still relevant in the study of book publications by forensic experts dealing with art.

The compilation and description of Slavic editions is of great importance both in terms of cultural studies, history, linguistics, engraving, and in terms of the accumulation of some basis for the comparative study of ancient books in forensic studies of ancient printed matter.

Therefore, for completeness, comprehensiveness and objectivity of expert research in forensic and expert examination of ancient printed editions of Cyrillic printing, the use of the didactic, cultural and bibliographic material of several generations of leading scientists is of great importance.

Key words: old printed publications, Cyrillic printing, book memos, forensic art examination.

Posted on

THEORETICAL AND METHODOLOGICAL BASES OF PSYCHOLOGICAL EXAMINATION IN CASES RELATED TO THE INVESTIGATION OF EMERGENCY SITUATIONS

DOI: https://doi.org/10.33994/kndise.2020.65.64

N. Arefina

The article analyzes the current state of the practice of investigating incidents related to the implementation by a person of control of complex automated mechanisms. Attention is focused on the insufficient use by the judicial and investigative authorities of special psychological knowledge and relevant developments in the investigation of such cases.

Based on the analysis of special psychological literature, as well as the experience of applying special knowledge in the field of examination, the psychological aspects that make up the human factor are outlined. The subject of psychological examination in cases of investigation of incidents related to the implementation of human control of complex automated mechanisms is disclosed. The nuances of the functioning of mental processes, properties and states of a person are noted, which can influence his ability, under extreme circumstances, to correctly assess the situation (or its individual elements), make the right decision and implement it. Along with this, external factors are noted that can have a significant impact on a person’s ability to make the right decision and implement it.

Key words: special psychological knowledge, psychological expertise, human factor, emergency situation, complex automated mechanisms.

Posted on

CLINICAL-PSYCHOLOGICAL COMPETENCE OF THE SPECIALIST IN THE PERFORMANCE OF FORENSIC-PSYCHOLOGICAL EXAMINATION

DOI: https://doi.org/10.33994/kndise.2020.65.63

N. Mateiko, А. Lyshak

The article is dedicated to the importance by expert’s psychologist clinical and psychological competence, because its purpose is to identify the mental characteristics of a particular person and its behavior in the legally relevant circumstances during preliminary and pretrial investigation in criminal and civil cases.

Forensic psychological examination establishes the presence or absence of pathological deviations in mental functioning of the subject person and their impact on the ability to display, reflect, and regulate incriminating activities, solves the question of the interaction of psychological and psychopathological factors, clinical mental health cases or borderline mental health options.

Expert assessment needs to study the influence of parents or persons who replace them, on the mental state of children, personality traits of each parent, features of the child’s perception of the relationship between the parents, ways of solving their conflict situations, the influence of such situations on the formation of attitudes and values in the child. The degree of attachment of the child to the parents or persons who replace them, especially their mental development and age is taken into account.

When any mental disorders are detected in a child or parent, it is carried out complex psychological and psychiatric examination to determine the ability of parents their functions, resolving the issue of cause and effect of family conflict.

Research findings made by an expert psychologist in the form of an expert opinion are taken as a basis in court cases or investigative decisions are provided by an expert psychologist in the form of an expert opinion, which contains the plot of the case, dynamics data of child’s mental development, the conditions of education and training, individual psychological characteristics, which have arisen in different periods of life, progress and results of individual psychological examination at individual, the method used, interview data, retrospective psychological analysis of the questions posed.

When conducting a re-examination, in the research part of the expert’s opinion it is necessary to indicate the reasons for the differences with the findings of previous examinations, if any such differences existed.

Key words: clinical and psychological competence, forensic psychological examination, expert psychologist, expert’s opinion.