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DOI: https://doi.org/10.33994/kndise.2020.65.13

А. Poltavskyi

The article deals with the results of the research work “The development of methodological instruction “Documentation quality management systems of state specialized institutions providing forensic expert support for justice”. It analysis the international standards of quality management systems; international standards that provide supporting information to institutions, enterprises, and organizations implementing quality management systems; international standards and other documents regulating requirements in certain areas of professional activity.

According to the results of the analysis, for the first time were classified the documents of the quality management systems of state specialized institutions providing expert support for justice and they are listed below.

1. Documents by its types: – defined by international, regional, national regulatory documents (in particular, standards, codes of practice, technical specifications, policies and guidelines for quality, procedures, methods, standard operating procedures, operating instructions, etc.); – developed in Ukraine by authorized bodies of public authorities and administration (in particular, laws, by-laws and regulations (in particular, decrees, regulations, instructions, provisions, instructions, etc.); – developed by international organizations involved in standardization processes (ILAC, ENFSI, ASTM, etc.): guidelines, best practices manuals, etc.; – developed by institutions within the framework of their accreditation: policies and guidelines for quality, procedures, methodologies, standard operating procedures, instructions, etc.
2. Documents according to its use from the point of view of regulatory or regulatory and methodological framework of certain segments of quality management systems, which regulate requirements to: – administrative activities of quality management systems (for example, procedures); – conducting expert research – the technical activities of quality management systems (for example, examination procedures, standard operating procedures).
3. Documents according to its impact on quality management systems: – external documents – laws, standards, codes of practice, technical specifications, regulations, instructions, etc., developed outside the institutions with an implemented quality management system; – internal documents – policies and goals in the field of quality management; quality guidelines; documented procedures and methodologies; standard operating procedures; manuals, operating procedures; quality programs; technical specifications; lists of control questions, determination of competence, reports (including inspection or inspection certificate, sampling, etc.), statement of conformity to specification or standard, certificate of calibration, logs, protocols (including tests), forms, etc.
4. Documents according to its hierarchy, starting from international and regional standards, codes of established practice, technical specifications, including harmonized in Ukraine, proper national standards, codes of established practice, technical specifications, other regulatory legal acts of the state, guidelines of the quality system, passports of the conformity assessment body, areas of accreditation, management system procedures, research methodologies (examinations), operating procedures for staff involved in the accreditation areas of institutions, completing the forms documentation, etc. The results of the research work will be implemented when establishing the documentation systems within the framework of accreditation of institutions providing expert support for justice, in compliance with the requirements of international standards of quality management systems, as well as in updating the documentation systems of already accredited institutions.Key words: classification of documents, documentation, quality management systems, expert support for justice.

DOI: https://doi.org/10.33994/kndise.2020.65.12

O. Kravchenko, R. Zaveryko

The authors of the article on the basis of analysis of scientific sources, forensic practice and legislation considers the conceptual issue of specifying the procedure of comprehensive evaluation of expert’s conclusion in criminal proceedings. There is a distinguishing features of this procedure is the following: the first stage examines the procedural form of the expert’s conclusion, the second – its content, the factual data on the basis of which the presence or absence of facts and circumstances relevant to criminal proceedings and subject to be proved.

The criterion for assessing whether an expert’s conclusion is appropriate depends on the content of the conclusions provided to confirm or refute certain circumstances; confirmation of the reliability or inaccuracy of other evidence; the possibility or inability to use other evidence.

The condition for the admissibility of an expert’s conclusion is compliance with the procedural form for conducting the examination and drawing up a conclusion, namely: compliance with the requirements of the criminal procedural law; due process registration of the appointment of the examination (decision, determination, petitions of the parties, etc.); the procedural independence and individual responsibility of the expert for the conclusion provided by him/her; immediacy of research; objectivity and reliability of the of the conducted research and conclusion; due documentation of the results of expert’s research.

Objective reality indicates that doubts about the reliability of the expert’s conclusion will always be, however, if there are reasonable grounds for the unreliability of the expert’s conclusion, such a conclusion cannot be used in the process of proving. Consequently, there is a need for additional procedural actions aimed at obtaining data that confirm or refute the conclusion of the examination, among such actions is the appointment of a repeated examination.

The dominant role in the criterion for assessing the sufficiency of evidence in the expert’s conclusion is played by the subjective conclusion of the initiator of the expert research, his/her inner conviction, which determines a different approach to the assessment of evidence in connection with a different level of knowledge and experience.

Key words: appointment of examination, expert conclusion, assessment of expert conclusion, affiliation, admissibility, reliability, sufficiency of expert conclusion.

DOI: https://doi.org/10.33994/kndise.2020.65.11

О. Zherebko

The article analyzes forensic activity as one of the forms of activity in the field of legal proceedings. A comprehensive analysis of forensic activity has allowed formulating a number of proposals regarding ways and means of improving it.

Ways of improving forensic activities have been identified and proposed: increasing the level of technical and forensic support for the disclosure, investigation and prevention of crimes; implementation of measures to increase the effectiveness of the participation of specialists of expert services in conducting investigative actions and operational-search measures. There is also indicated on improving research activities and introducing into practice new technical and forensic tools, forensic methods and techniques. Conducting forensic records, analytical and organizational work based on the introduction of modern automated systems and technologies; synthesis and dissemination of best practices and analysis of expert practice; improving the selection, training and placement of employees of expert units, strengthening official and executive discipline. Intensification of interaction between the expert services of the Ministry of Internal Affairs with other departments of the internal affairs bodies, as well as with other law enforcement agencies, including at the interstate level is described.

Key words: forensic activity, research work, expert institutions, expert research.

DOI: https://doi.org/10.33994/kndise.2020.65.10

M. Dumchykov

The article deals with some aspects of digitalization of forensic activity, such as improving the efficiency of search and cognitive activity of an investigator using digital technologies, and effective organization of such activity. Use of computer hardware, software, various computer and digital technologies and scripting to investigate crimes. The definitions of “digital trace” and “virtual trace” demonstrate the complexity of these issues. Certain dynamic movement of criminal activity in the information environment is analyzed. Defines the concept of virtual trace as a specific trace of certain actions in the information space of computer devices and their network systems. In considering the definition of the concept of virtual trace, the views of scientists such as V.A. Meshcheriakov, V.V. Poliakov and Smushkin A.V.

The aspects of consideration of forensic digitization are identified, among which the main ones are:

– use of digital technologies to increase the effectiveness of search and cognitive activity of the investigator, effective organization of this activity at the present level, optimization of interaction of different bodies, institutions in the investigation of crimes.

– the use of information and communication technologies to investigate crimes.

– solving didactic tasks in the field of training, retraining, advanced training of investigators, criminal investigators, forensic experts, improvement of their qualification, exchange of experience.

The further question of the development of forensic science in the field of information society is investigated. It is determined in what form the information forensics will exist, namely:

A new section of classic forensics that focuses on working with digital and virtual footprints.

The new science of “digital or virtual forensics”.

Independent forensic science within the framework of the general theory of forensic science, which integrates the development of virtual traces, the use of new technical means of finding, fixing, research, use in proving forensically relevant information, technologies that ensure the effectiveness of the investigator.

Key words: criminalistics, digital criminalistics, virtual criminalistics, virtualization, digitalization.

DOI: https://doi.org/10.33994/kndise.2020.65.09

I. Kalancha

The article deals with the electronic segment in criminal procedural law in Latvia. It analyses both specialized electronic tools of criminal procedure in the form of information system (judicial information system) and non-specialized electronic tools of criminal procedure.

The author studies the requirements for electronic recording of specific investigatory actions (interrogation of a juvenile victim and witness, questioning, exhumation, line-up for identification). The research focuses as well on the electronic component of special investigatory actions (correspondence control, communication facilities control, data control in an automated data processing system, content control of the transmitted data, audio or video location control, individual audio control). It provides further evidence for the possibility of implementing procedural actions using technical means (telephone conference, videoconference) if the interests of criminal proceedings so require.

It is made clear that it is the duty of individual subjects of criminal proceedings at the request of the person who administers the proceedings to immediately notify in writing postal or e-mail address for managing written communications. The author outlines the terms for sending notifications in criminal proceedings and subpoenas to the individual’s email address. The article also investigates the procedure for publishing electronic images of a detainee, suspect, victim and witness in the media. It studies the regulations for recording the course of a court hearing in full size using audio, video or other technical means, as well as recording the parole by means of electronic surveillance.

According to the results of the study, the author proposes to take into account a number regulations in criminal procedural law in Latvia when developing proposals for improving domestic criminal procedural law, including: interrogation of a minor using technical means and a psychologist in another room; the obligation to provide in writing postal or e-mail address for managing written communications and the possibility of sending a notification as for the decision with the enclosed copies to that e-mail address; sending summons to an email address; the procedure for the publication in the media of images of the suspect, victim and witness taken during the proceedings; arranging the parole using electronic surveillance.

The keywords: criminal process, electronic segment, Latvia, tools of criminal procedure, electronic recording, electronic communication.

DOI: https://doi.org/10.33994/kndise.2020.65.08

S. Nesterenko, O. Stulov

The article deals with the analysis of dissertation thesis and scientific publications in domestic and foreign editions, the concepts of “legal personality”, “legal status of a forensic expert”, “procedural status of a forensic expert”, their general and distinctive features. The authors propose to improve these concepts as well as the legislative consolidation of the status of a forensic expert in the new version of the Law of Ukraine “On Forensic Expertise”. The authors draw attention to the imperfection of regulation of the legal status of a forensic expert in the Law of Ukraine “On Forensic Expertise”, as well as to the unreasonable extension of the powers of a forensic expert by a subordinate normative legal act – the Instructions on the appointment and conduct of forensic examinations and expert studies, approved by order of the Ministry of Justice of Ukraine as of August 10, 1998 No. 53/5 (as amended by the order of the Ministry of Justice of December 26, 2012 No. 1950/5). As a result of the conducted research, the authors come to the conclusion that the issues of the status of a forensic expert need to be updated, as a participant in criminal proceedings, as well as draw attention to the lack of harmonization of domestic legislation in the field of forensic examination and procedural legislation. There is a need to adopt a new version of the Law of Ukraine “On Forensic Expertise”, considering all international obligations of Ukraine and the practice of the European Court of Human Rights.

Key words: legal personality, legal status, legal status of expert, legal status of forensic expert, elements of legal status of forensic expert.

DOI: https://doi.org/10.33994/kndise.2020.65.07

A. Stolitnii

The article deals with the study of the electronic segment of criminal process in the Republic of Lithuania. Specialized electronic tools of criminal process in the form of information systems are analyzed, including: Integrated information system of criminal process, special website; electronic monitoring device. There are also a few non-specialized electronic criminal process tools, including: audiovisual telecommunications, electronic communications, electronic and digital media. The requirements for electronic recording of individual investigative actions using photography, audio, video, filming, other means and instruments of fixation have been investigated. Requirements for electronic recording of interrogation, search, arrest, identification of a person by a photo are noted. The norms of the Criminal Procedure Law of the Republic of Lithuania governing the electronic form of a criminal case in the form of an electronic file are stored, which stores electronic procedural documents drawn up or received in the course of a pre-trial investigation signed by a secure electronic signature. The rules for electronic communication between the subjects (participants) of the pre-trial investigation are analyzed. Procedural actions in the criminal proceedings of the Republic of Lithuania, carried out by the body of pre-trial investigation, by the prosecutor or the judge may be recorded electronically. With the consent of the investigator, at the conclusion of the pre-trial investigation, a copy of the pre-trial investigation file may be transmitted electronically and a copy of the indictment by electronic means or by electronic means. It is established that the trial is accompanied by electronic recording of its progress and results, participation in the trial of criminal proceedings can be ensured by remote transmission of audio and video, and familiarization with procedural documents – on a special website and e-mail. According to the results of the study of the electronic segment, the criminal procedural law of Latvia establishes the opportunity to use such experience in the introduction of electronic technologies in domestic science and practice of criminal procedural activity, the possibility of qualitative legislative implementation of changes.

Key words: criminal proceedings, electronic segment, electronic criminal proceedings, the Republic of Lithuania, electronic record, evidence.

DOI: https://doi.org/10.33994/kndise.2020.65.06

N. Nestor

The article is devoted to the study of practical issues that arise in judicial practice when appointing examinations in civil proceedings and further evading a party from participating in such examinations. There are established characteristic features and specific forms of actions of persons testifying to their evasion from participation in the examination. There are also analyzed consequences of the imposition of a special procedure sanction for persons who evade participation in the examination and the categories of cases are identified, where such a sanction most often applied.

Key words: forensic examination, expert opinion, evasion from participation, consequences, a fact.

DOI: https://doi.org/10.33994/kndise.2020.65.05

M. Shcherbakovskyi

Reviewing the conclusions of forensic experts is regulated by the procedure developed by the Ministry of Justice of Ukraine. The immediate purpose of the review is to establish the conformity of the study to the approved expert methods, to draw up an expert opinion on the procedural and departmental requirements. The ultimate goal of reviewing is to determine whether the conclusion form complies with the requirements of the law, the scientific validity of the expert opinion as a source of evidence, and the competence of a forensic expert. External reviewing is carried out in accordance with the plans of the Ministry of Justice for experts preparing to receive or confirm their qualifications. Internal peer review is carried out in expert institutions as ongoing quality control of examinations. Gross violations in expert studies have been identified, and organizational and procedural consequences are being drawn, which include sending a court notification about the inaccuracy of the examination. The use of reviews of expert conclusions in court proceedings as a source of evidence is unacceptable, since this document is not provided for by the procedural law, there are no guarantees of the independence and disinterest of the reviewer, reviews do not contain data on the actual circumstances of the dispute or offense. The purpose of providing reviews that are not compiled by the staff of expert institutions is to discredit the authority and professional reputation of forensic experts, leveling their conclusions. At the same time, there is an objective desire of the court to involve knowledgeable persons in the assessment of expert research. This is due to the fact that the parties and the court do not have special knowledge, which make it possible to assess the validity and reliability of the expert’s opinion. The procedural form for establishing these circumstances is to use the help of knowledgeable persons who may be involved as specialists to provide clarifications on issues within their competence. The specialist research the scientific and methodological side of expert examination. A written explanation of a specialist is a procedural document that is prescribed by law, but it does not have the status of a source of evidence. If the specialist provides an explanation that contains a negative response to the expert’s opinion, the judge must invite the expert and expert for interrogation to provide explanations. After hearing a specialist and expert, the court may come to the conclusion that the forensic examination was carried out correctly or, conversely, there are doubts about the reliability of the study and the grounds for appointing a new or repeated examination.

Key words: forensic conclusion, review, written explanation, specialist, interrogation, evidence.

DOI: https://doi.org/10.33994/kndise.2020.65.04

Y. Chornous

The scientific article describes the concept and essence of forensic support of criminal proceedings, defines the levels, directions and forms of its implementation. It is substantiated that forensic support is realized during the investigation and prevention of criminal offenses, as well as the judicial review of criminal proceedings (cases) using forensic means, methods, techniques according to certain levels, directions and forms. The levels of forensic support of criminal proceedings are distinguished, namely: local; regional; state; international. Considering the established system of forensics, according to which the development of theoretical foundations and practical recommendations of forensic support is based on the provisions of the general theory of forensic science, forensic techniques, tactics and methods, three main areas of forensic crime are defined: forensic. In this case, the general theory of forensic science is of methodological importance for the formation of their scientific foundations. According to the mentioned directions, the main forms of forensic support of criminal proceedings are distinguished: – in the direction of technical and forensic support: the use of technical means and methods of detecting, fixing, collecting, investigating the traces of crime, other forensically relevant information, including through the use of special knowledge, involving specialists in investigative (investigative) actions; fixing the course and results of investigative (investigative), court actions; maintaining criminal registration and forensic records systems; involvement of experts and carrying out of expertise; – in the direction of tactical and criminalistic support: improvement of existing and development of new tactical techniques and their complexes; formation of tactics of investigative (search) actions; – in the direction of methodological and forensic support: development of new methods of investigation of criminal offenses (according to the criminal law and forensic classification); formulating recommendations to increase the effectiveness of the method of investigation of certain types (groups) of criminal offenses. These levels, directions and forms of forensic support should be considered in the scientific and practical aspect, which consists in creating the scientific basis of the tools, methods and techniques used the formation of practical recommendations for their application. The unity of theory and practice ensures effective achievement of the set goals in the system of forensic support of criminal proceedings.

Keywords: criminal proceedings, technical-criminalistic, tactical-criminalistic, methodological-criminalistic, security.