PECULIARITIES OF TAKING INTO ACCOUNT THE VALUE-ADDED TAX AND THE DEVELOPER’S PROFIT WHEN DETERMINING THE AMOUNT OF MATERIAL DAMAGE CAUSED TO REAL ESTATE OBJECTS AS A RESULT OF MILITARY ACTIONS OR ACTS OF TERRORISM

DOI: https://doi.org/10.33994/kndise.2023.68.54

I. Herasymenko, O. Komandyrov, R. Pasko, I. Chaliuk

The problem of determining the amount of detriment caused to real estate objects as a result of military operations has been relevant for Ukraine since 2014, but the problem became especially acute in February 2022 due to the full-scale invasion of the russian federation on the territory of Ukraine.
The work on the development of approaches to determining the amount of detriment as a result of armed aggression is carried out by experts of the Kyiv Scientific Research Institute of Forensic Expertise of the Ministry of Justice of Ukraine. The purpose of this article is to standardize and improve the approach to calculating the amount of detriment caused to enterprises and organizations whose real estate was built during the Soviet era and to calculate the cost of construction, aggregated replacement value indicators are used.
The proposed approach of expert calculation of the amount of detriment caused includes a calculation to bring the cost of restoration of the object by unit indicators to modern construction conditions, taking into account the profit of the developer and value-added tax.

Key words: aggregated indicators of replacement cost, armed aggression, detriment, detriment of enterprises and institutions, developer’s profit, VAT in construction.

FACTORS AND CONDITIONS OF MOVEMENT OF CYCLISTS DURING THE RECONSTRUCTION OF A TRAFFIC ACCIDENT

DOI: https://doi.org/10.33994/kndise.2023.68.53

Ya. Stoliarov

This article examines the main factors and conditions associated with the movement of cyclists during the reconstruction of a traffic accident. The dynamics of the cyclist’s movement depending on the weather conditions, the obstacles encountered in the path of the cyclist’s movement are considered, as something that should be paid attention to by an expert during transport and route studies and the investigation of the circumstances of a traffic accident. On the basis of the studied problems during the research, information was established that is often not included and not described in the case materials, but has quite a lot of signs that can cause driving problems for the cyclist. Why is the classification of bicycles and their schematic design presented for clarity of representation of its parts and controls?

Key words: bicycle, expert, auto technician, auto technical expertise, expert research, cyclist movement, conditions of cyclist movement, traffic accident.

RESEARCH OF THE CIRCUMSTANCES OF COLLISIONS AT REGULATED INTERSECTIONS WITH LIMITED VISIBILITY OF ESCORTED COLUMNS OF VEHICLES WITH OTHER VEHICLES

DOI: https://doi.org/10.33994/kndise.2023.68.52

A. Shatkovskyi, A. Kuibida, O. Dzhus, P. Hrytsyshyn

The article analyzes the requirements of the current Traffic Rules of Ukraine regarding the conditions for the movement of motorcades and aspects of the occurrence of traffic accidents at controlled intersections with limited visibility with the participation of a column of cars accompanied by another vehicle. The options for expert studies to establish the causes of traffic accidents in non-standard situations were studied and recommendations were proposed for including additions to the Traffic Rules of Ukraine regarding the installation of special light and sound signals and devices on the cars accompanied by the convoy, as well as to unify the terminological concepts of «immediate proximity» and «safe distance» when the column is moving. The authors consider it appropriate:
– to consider the possibility of introducing additions by the relevant authorities to Article 25 of the Traffic Rules of Ukraine regarding the installation of special light and sound signals and devices on the cars of the accompanied column of vehicles, as an additional factor in attracting the attention of other road users and avoiding dangerous moments at regulated intersections when passing the accompanied columns cars;
– during the briefing, provide for the obligations of the drivers of the convoy of cars in case of division of cars into groups while driving, to comply with the requirements of the Traffic Rules of Ukraine, based on the current conditions for the passage of cars at regulated intersections;
– to coordinate in the articles of the Rules the terminological concepts «immediate proximity» and «safe distance», which are used in the current requirements of the Traffic Rules of Ukraine.

Key words: collision, column of vehicles, controlled intersection, approach, safe distance.

FEATURES OF PERFORMING EXPERT STUDIES OF MAGNETIC FIELD INDICATORS AS A MEANS OF IDENTIFYING THE IMPACT ON METERING DEVICES OF AN EXTERNAL MAGNETIC FIELD CREATED FOR THE PURPOSE OF UNACCOUNTED CONSUMPTION OF ENERGY RESOURCES

DOI: https://doi.org/10.33994/kndise.2023.68.51

S. Rohalin

The study of the facts and circumstances of the unaccounted use of energy resources by consumers, primarily electric energy, natural gas, hot and cold water in the practice of conducting electrical and heat engineering types of forensic examinations, is one of the most common. The initial data in forensic research in this area, namely the data of acts on the violation of the consumption of these energy resources, including information on fixing the impact on the metering device of a constant magnetic field by magnetic field effect indicator (MFEI), which in the cases under study is usually denied by the consumer as his intentional actions to create such a field. The expert task of forensic examinations in this area requires an unambiguous definition of the operation of a MFEI from a constant magnetic field with certain power characteristics, with the exclusion of other factors of influence.
The most common modern designs of magnetic field impact indicators in use, which are installed by energy sales enterprises as fixing technical means of interfering with the operation of consumer metering devices when using energy resources as a result of exposure to an external constant magnetic field, are considered. The triggering mechanism of MFEI of different designs is analyzed. According to the constructive construction and principle of operation, the indicators of the influence of the magnetic field are divided into separate classification groups. Signs of atypical triggering of the MFEI are considered. Cases of activation of indicators of the impact of the magnetic field are determined, requiring a comprehensive study using research methods of various forensic specialties to establish the fact of interference in the operation of metering devices in order to unaccounted for the consumption of energy resources.
Recommendations are given on the application of the method of modeling a constant magnetic field with the reproduction of the conditions for the operation of the investigated MFEI to establish the fact of interference in the operation of the meter by exposing it to an external constant magnetic field in order to unaccounted for the consumption of energy resources. The necessity of performing a check of the operable state of the MFEI in expert experience in the study of the fact of the existence of the influence of a constant magnetic field on the metering device for energy consumption is substantiated.

Key words: metering device (meter), interference in metering device operation, constant magnetic field, magnetic field effect indicator (MFEI), magnetic field induction, permanent magnet, distribution of power magnetic lines.

PRACTICAL ASPECTS OF EXPERT RESEARCH ON FIRES
IN DRY HEAT SAUNAS

DOI: https://doi.org/10.33994/kndise.2023.68.50

O. Borys

The article deals with issues aimed at updating and clarifying the methodological foundations for conducting expert research carried out during a forensic firetechnical examination of fires in dry heat saunas, based on the practical experience of forensic experts.
The processes and mechanisms of combustion and development of fires, as well as their dependence on volumetric design and technological solutions of the object of study – dry heat saunas are considered. The staging of the occurrence and development of fires is determined, which is justified by the processes of combustion in a closed volume with limited gas exchange (pyrolysis) and free gas exchange of a fire (kinetic and diffuse combustion).
The features of the application of general methods of research to establish the source of fire during fire-technical examinations are substantiated in order to ensure the reliability of the expert opinion. It has been established that the generally accepted methods for establishing the source of a fire during fire-technical examinations, in some cases, do not meet the practical aspects of researching fires in dry heat saunas and should take into account the peculiarities of the spread of fire hazards in saunas, which is due to special architectural and construction solutions.
It is noted that consideration of the mechanism of occurrence and development of a fire in the premises of dry heat saunas is a clarifying tool for generally accepted methods for establishing a fire source during fire-technical examinations. At the same time, the correctness of determining focal signs at this stage of the expert study should be carried out taking into account the mechanism of fire development, depending on the volumetric and structural solutions of the research object (sauna rooms), which will ensure high objectivity and reliability of the expert opinion.
Based on the generalization of the results of existing theoretical approaches and practical developments, the general methods for determining the source of a fire during fire-technical examinations of fire research in dry heat saunas are clarified.
Accordingly, the establishment of a fire source during fire-technical examinations in dry heat saunas using general methods for assessing the degree of damage to finishing materials and building structures should take into account the influence of volumetric design solutions of the object of study on the process and mechanism of ignition and spread of fire burning.
The necessity of using refined methods of expert research to establish the source of fire during fire-technical examinations of dry heat saunas to ensure the proper level of objectivity and reliability of expert opinions is proved.

Key words: fire-technical examination, oxygen-air, combustion, pyrolysis, fire source, sauna.

FIRE AND TECHNICAL EXAMINATION: ASSESSMENT OF FIRE EXTINGUISHING ACTIONS

DOI: https://doi.org/10.33994/kndise.2023.68.49

O. Borys

The article deals with the theoretical and practical aspects of expert research to assess the actions of fire and rescue units to extinguish a fire as part of a forensic fire and technical examination.
The interconnectedness of the compliance of actions for the response of fire departments with regulatory requirements and the consequences of an incident (fire) is considered. One of the main factors in determining such dependence is the assessment of the conformity of the arrival at the place of the call and the start of firefighting operations by the first fire department, which directly affects the duration of the free development of the fire, limiting its spread, as well as the risks of injury or death.
The necessity of clarifying the role of expert research from the assessment of the actions of fire departments and its practical place in establishing cause-andeffect relationships during fire-technical expertise through editing the main tasks of fire-technical expertise is substantiated. Updated text editions of individual tasks of fire-technical expertise and an indicative list of issues to be resolved by fire-technical expertise are proposed.
The main provisions of expert studies on the assessment of fire extinguishing actions are proposed for consideration. It is noted that the procedure for evaluating fire extinguishing actions should determine the sequence of issues studied during the expert study. Established on the basis of aspects of fire-technical expertise in terms of assessing actions to extinguish a fire.
The features of assessing the compliance of the arrival of the fire department with regulatory requirements are outlined. Based on the generalization of building codes, the general algorithm for carrying out evaluation actions is clarified, and the features of the application of calculated and experimental data are also given.
A specific expert task of evaluating actions to extinguish a fire is defined, which consists in determining the causal relationship between the compliance of the actions of the fire departments involved in extinguishing the fire and the consequences of the fire.
The need to develop appropriate methodological support has been established, which should be based on the tools of theoretical, experimental and computational studies aimed at solving a specific expert task of forensic examination: assessment of fire extinguishing actions.

Key words: fire-technical examination, assessment of actions, arrival, causeand-effect relationship, expert task.

FEATURES OF AN EXPERT STUDY OF THE CAUSES OF ACCIDENTS ASSOCIATED WITH THE PERFORMANCE OF GAS-HAZARDOUS WORK

DOI: https://doi.org/10.33994/kndise.2023.68.48

I. Bohdaniuk

The article considers the expert practice of studying the occurrence of accidents in the performance of gas hazardous work with non-compliance with the regulatory requirements of the «Typical Instructions for the Organization of the Safe Conduct of Gas Hazardous Work» by officials and performers of work and also analyzes the cause-and-effect relationships between their actions (inaction) and occurrence of the event under investigation. The relevance of the study is due to the negative statistics on the neglect of timely preventive work of sewerage networks, which later lead to unjustified costs, which became the subject of the study by the forensic expert. The author summarizes the current labour protection standards for gas hazardous work and notes the procedural aspects of their implementation, taking into account the role of engineering and technical workers responsible for the organization. The analysis of expert practice to determine the causes of accidents in the performance of gas hazardous work has been carried out. Real examples of such violations with fatal consequences are given.
As a result of the study, the author established causal relationships between non-compliance with labour protection requirements and the inaction of officials in organizing the performance of gas hazardous work. The place of examination in the event of accidents during the performance of gas-hazardous work in the creation of an effective labour protection system at the enterprise has been established. The author came to the conclusion that compliance with the relevant labour protection measures at the enterprise should be the obligation of the officials organizing the management. In addition, the standardization of requirements for gas-hazardous work at the enterprise by officials will help to avoid the onset of the harmful consequences of an accident and increase the level of labour and production discipline.

Key words: expertise; study; gas-hazardous work; accidents; causes.

RESEARCH OF TURQUOISE AND ITS IMITATIONS

DOI: https://doi.org/10.33994/kndise.2023.68.47

H. Chystiakova

Turquoise is a precious stone that has an interesting history, and a deep cultural connection, which makes it an interesting object of research. In connection with the increased demand for this stone, which was not easy to satisfy, fakes began to appear.
Turquoise was imitated and later learned to synthesize, today there are many options for counterfeiting turquoise. This article is written to help diagnose and focus attention on important aspects. When diagnosing stones, all indicators are important, only when studying the provided sample organoleptically and physico-chemically, it is possible to understand the nature of stones and their characteristics, to identify options for improvement.

Key words: turquoise, research method, imitation, refractive index, density, hardness, smell, color, improvement, defect.

DETECTION OF TRACES OF THE USE OF SOFTWARE SUCH AS «STEALER» IN THE MEMORY OF THE STORAGE DEVICE

DOI: https://doi.org/10.33994/kndise.2023.68.46

I. Starenkyi, O. Donchenko

The purpose of this work is to use an experimentally way to determine the characteristic features of the use of the software «Mars Stealer», which is positioned as a software product of the «Stealer» type, which is contained in the memory among the available and deleted data of the information storage device.
The following conclusions can be drawn on the basis of the conducted experiment:

  1. Autopsy» software is a good tool for trying to reproduce and trace the events and processes that took place on the storage device;
  2. By studying the events and processes in the memory of the information storage, it was possible to establish the sequence of actions of the expert to detect the executable file(s) of third-party software that may be malicious;
  3. In the case when the research of the detected executable build file is not carried out immediately after receiving the research objects, but after a certain time, for example, within 90 calendar days, there is a high probability of «losing» communication with the C2 server, which the build – file calls. But, in order to establish the IP address to which the file-initiator try to connect on the affected computer, it is recommended to repeatedly run the build-file (this may increase the chances of detecting the IP address of the C2 server) while simultaneously monitoring the Internet traffic, which will go through a virtual machine;
  4. The executing file-initiator on the affected PC by the «Mars Stealer» software, even if there is an error in its work, will be «forced» to save the information collected on the affected PC in the root directory of the location of the Build file itself;
  5. Based on the results of the work carried out, it is possible to establish the characteristic features of the use of the «Mars Stealer» software, which is positioned as a «stealer» type of software, which include logging the number of launches of the executing Build-file, and interaction with the folders of WEB browsers installed in the memory storage of information, as well as interaction with a large number of libraries.
  6. The obtained results of the experiment given in this paper can be used when conducting examinations in the expert speciality 10.9 «Research of computer equipment and software products», in the study of information storage devices, among the available and deleted data of which information about samples of executable files of the «Mars Stealer» software, which is confirmed by the evidence collected during the examination.

Key words: digital media, image, file, stealer, software, operating system, virtual machine.

STANDARDIZATION OF TERMINOLOGY IN THE FIELD OF FORENSIC EXPLOSIVES EXAMINATION

DOI: https://doi.org/10.33994/kndise.2023.68.45

O. Sadchenko, A. Kulchytskyi, O. Stepaniuk

The article emphasizes the importance of developing, on the basis of scientific and legislative terminology, the terminology of explosive expertise and substantiates the relevance of the creation and systematization of terminologies. modern expert terminology in forensic explosive examination with subsequent representation in the DSTU (State National Standard of Ukraine) «Forensic explosives examination. Terms and Definitions».
In the process of forming terminology for explosives expertise, the identified trends are investigated, the main of which is the unconditional restoration of the terminology of the 80-90s of the last century, which does not contribute to the replacement of established terms in forensic explosives.
The second negative trend is the subjectivity and randomness in the selection of terms for the terminological system, as a result of which many necessary and important terms for explosives expertise, as well as other branches of knowledge, do not fall into them.
The proposed terminology creation technique is implemented in each algorithm:
– selection of terms in the DSTU (State National Standard of Ukraine) /glossary should be carried out taking into account the frequency of their use in scientific papers;
– the composition of the DSTU (State National Standard of Ukraine)/glossary should be formed in accordance with the needs of expert, investigative and judicial practice;
– the order of placement of terms should correspond to their convenient and quick finding;
– the method of describing expert terminology must correspond to the type of
(State National Standard of Ukraine) /glossary;
– the terminological apparatus of explosive examination should reflect the innovative processes of development of the theory and practice of forensic
examination;
– terms should reveal the essence of the concept and comply with the norms and rules of the modern literary Ukrainian language.
The experience of the terminological work of the Kyiv Scientific Research Institute of Forensic Expertise of the Ministry of Justice of Ukraine on the implementation of terminological work on various types of forensic examinations is highlighted.
As a rule, the authors combined practical work on the conclusion of a terminological standard with a theoretical understanding of the construction of terminological systems. A methodology for unified expert terminology is proposed, in which the main methodological and scientific principles for constructing a terminological standard were determined.

Key words: terminology, dictionary, terminological system, legal terminology, standardized terminology, explosive terminology, explosives examination, forensic explosives, explosive device, explosive material, explosive.