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USE OF MODERN EXPERT TECHNOLOGIES FOR DECISION OF SEPARATE TASKS IN TRADITIONAL CRIMINALISTICS EXAMINATIONS

DOI: https://doi.org/10.33994/kndise.2020.65.03

I. Hora, V. Kolesnyk

Attention applies on the necessity of introduction of modern innovative technologies for practice of traditional criminalistics examinations. In connection with reorganization and modernization of activity on investigation and judicial consideration of criminal cases, the special attention must be turned on the necessity of the use of scientific methods of work. Passing to new, more high technological level of activity in judicial examination is possible only on the basis of, informative and functional analysis of the systems of all infrastructure of expert activity in Ukraine which takes place in the conditions of processes of European integration. Requirements rise to the general standards, to perfection of the legal adjusting, expansion of circle of expert tasks, which decide the Ukrainian judicial experts. It promotes authenticity and validity of conclusions of expert, instrumental in perfection of methods of expert research and their accordance international standards. In addition, today judicial examination is not only the important instrument of providing of just justice but also one of facilities of defending of interests of the state abroad. Application acknowledged world practice of the innovative going near research of proofs it is straight related to possibility of the use of potential of Ukrainian judicial expert establishments at the decision of questions not only in domestic but also in international courts. Scientific bases of judicial expert researches get better, the number of objects of examination is increased, and the circle of questions on which it is possible to get an answer broadens. Automation of expert researches is one of directions of their improvement. With their help, it is possible to expose conformities to law, dependences which hardness to set traditional criminalistics methods. Accordingly, more difficult and perfect methodical providing is for this purpose needed and scientists must develop him together with practices. Efficiency of expert activity depends not only on the competence of expert and presence for him modern equipment and new technologies but from the level of the informative providing, from the degree of co-operating with the side of customer of judicial examination. Investigators and court must know possibilities of modern examination, and an expert must get high-quality materials and know tasks, which decide law enforcement authorities and court. Authors expose separate possibilities of expert researches with the use of such modern methods as DNA-analysis, IR-spectrometry, reflected ultraviolet imaging system, 3D-designs et al. Typical expert situations are considered, for permission of which it is necessary to use expert technologies.

Key words: judicial examination, traditional criminalistics examinations, expert technologies, innovative methods, informative providing.

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RESEARCH OF THE EXPERT’S CONCLUSION IN CRIMINAL PROCEEDINGS IN THE COURT OF FIRST INSTANCE

DOI: https://doi.org/10.33994/kndise.2020.65.02 

O. Kuchynska O. Pylypchuk

The article deals with the problematic issues of research of the expert conclusion during the trial and proposed variants of their legislative settlement. The current Criminal Procedural Code of Ukraine does not regulate the issue of the procedure for investigating the expert’s opinion, in particular: it does not indicate the subject, which announces it during the court proceedings; it does not regulate the issue of volume, which must be declared; there are no means and methods to study expert conclusion.

Key words: expert conclusion; research procedure; court; expert; evidence; expert research.

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SOME CHALLENGES OF FORENSIC SCIENCE AND THE METHODS OF ITS FORMATION

DOI: https://doi.org/10.33994/kndise.2020.65.01

I. Kohutych

The article analyses the problem of framing the place of forensic science in the structure of higher legal education as well as the factors that negatively affect its development, didactic and practical demand. The reasons often indifferent and, in some cases, nihilistic attitudes towards forensic science, its actual manifestations and the probability of at least some localization are given. It is particularly stated that in scientific societies, especially in the constitutional-civil direction, forensic science is perceived in an unjustifiably simplified form. It is a consequence of the dissemination of misinterpreted European approaches to determining the place of forensic science in the system of local law and education; misunderstanding of its role in legal education in general and in law enforcement in particular. It is noticed that some representatives of forensic science act not always adequate, promoting its study in the educational institutions of the system of the Ministry of education and science in a shortened variant. Accordingly, to prepare graduates “…lawyers-general practitioners majoring in “Science of Law” only. They claim that complete knowledge of forensic science is necessary for graduates of departmental higher education institutions only. Obviously, it is unacceptable since it breaks the integrity of forensic science, its traditions, self-sufficiency, and commitment in the preparation of applicants for the legal profession in all areas. Other considerations in the same context are provided and the visions of actions that could foreclose forensic science a secure and demanding future are discussed. At any rate, to make subject component of forensic science’ indifference and nihilism impossible; to prepare appropriate educational materials for teaching forensic science; the authors of research should avoid artificial innovations in their studies, which will awake years of debate and degrade the doctrine of science. Within the framework of the implementation of the dispersed approach to the unification of cognitive capabilities, and therefore to the objectively substantive interests of forensic science – methodologically adequately adjust its definition. To expand the scope of use of forensic science knowledge in a system of science or, leastways, in a system of academic discipline of forensic science – forecast and develop a separate section like “Forensic science out of criminal jurisdictions”.

Key words: forensic science, legal education, professional activity, challenges of forensic linguistics, methods of forensic science formation.

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PERCEPTION OF UKRAINIAN FORENSIC EXPERTISE IN THE MASS MEDIA AT THE STAGE OF ITS FORMATION

DOI: https://doi.org/10.33994/kndise.2019.64.84

N. Nestor; N. Baiurko; T. Kryvak

The article deals with a brief historical excursion on the formation and development of forensic activity in Ukraine. In particular, the coverage of forensic expert activities in the press, starting with the establishment of the Cabinet of Scientific and Forensic Expertise at the Prosecutor’s Chamber of Justice of Kyiv in the years 1914-1915. The article based on archival materials, namely, newspapers and other constituent documents of the Cabinet of Scientific and Forensic Expertise, analyzes the public perception of the emergence of forensic science, its capabilities, and describes the main stages of forensic science.

It was noted that the press of that time described the importance and significance of the appearance of a forensic examination, indicated the main types of research conducted, explained the features of the work of forensic experts. Also in the articles of newspapers and magazines of that time revealed the transformations that took place in expert institutions, the increase in the number of expert studies conducted, the increase in the number of forensic areas in which expertise was carried out, and were highlighted the increase in requirements for the qualifications of experts related to the challenges of time. The article also indicates that at crucial points in the history of Ukraine the development of forensic science and the expertise continued, moreover, the activities of experts became more active, especially during the Ukrainian People’s Republic as well as after the events of 1917. However, during the years of the Great Patriotic War, the press of that time very rarely wrote about forensic activities, very often were only comments on the theory and practice of criminalistics.

Key words: forensic expert activity, forensic expert, mass media, Cabinets of forensic expertise.

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KYIV SCIENTIFIC RESEARCH INSTITUTE OF FORENSIC EXPERTISE: A REVIEW THROUGH THE PRIZM OF HISTORY

DOI: https://doi.org/10.33994/kndise.2019.64.83

А. Ishchenko; O. Ruvin; V. Iusupov

The article analyzes the main milestones of the Kyiv Scientific Research Institute of Forensic Expertise during one hundred and five years of activity, selected scientific developments of the Institute, and highlighted the contribution of the employees of this institution to the development of forensic science and the formation of the methodological foundations of forensic expertology. It is disclosed the legal basis for the creation of the Cabinet of Scientific and Forensic Expertise under the Prosecutor of the Kyiv Judicial Chamber in 1913, its activity in first years are described, which confirms the national significance of the expert institution. The article reveals the stages in history of the Kyiv Scientific Research Institute of Forensic Expertise related to the national revolution of 1917-1921 years, World War II on the territory of Ukraine, update of the criminal and criminal procedural legislation in the 1960s, proclamation of the Ukrainian independence. The author made conclusions about the role of the Kyiv Scientific Research Institute of Forensic Expertise in the implementation of justice in Ukraine.

Key words: Cabinet of Scientific and Forensic Expertise, Kyiv Scientific Forensic Expertise, Kyiv Scientific Research Institute of Forensic Expertise, expert institution, criminalistics, forensic examination.

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QUESTIONS TO IDENTIFY AND PREVENT SEXUAL VIOLENCE AGAINST CHILDREN.

DOI: https://doi.org/10.33994/kndise.2019.64.82

M. Batlukov

One of the problems of modern society is child abuse, including sexual abuse. Peculiarities of the psyche of children and their behavior require a special approach in identifying and preventing violence against them. The article discusses the factors that make it difficult to identify actions of a sexual nature with regard to children and ways to overcome these difficulties. Attention is also drawn to factors that may help in identifying violent acts. The problems faced by the child during the investigation and legal proceedings are considered. Factors of increased risk of child abuse are described. Criteria are proposed according to which at the level of school psychologists it is possible to form groups of minors who are at increased risk of becoming victims of sexual violence. Suggestions have been made for the timely prevention of possible sexual offenses. The proposed activities that may be carried out in educational institutions and centers of healthy lifestyle, to prevent such crimes. The classification of persons who are aggressive towards children is given. Signs that are used for classification, summarized in visual form in the tables. The motivation, the criteria for choosing the victim and the methods of manifestation of aggression in each group of the classification presented are described in detail. Profiles of men and women who have committed child abuse or have this propensity are presented. Their profiles describe characterological features, biography features and their lifestyle. Psychiatric criteria of sexual disorders according to the international classification of diseases of the 10th revision and alternative classification of mental disorders are considered.

Article materials may be useful for detecting and preventing sexual abuse. A scientific approach to the classification of perpetrators of violence in describing and recognizing their character traits may make it possible to identify those who are prone to violence. This will prevent crimes of a sexual nature against minors by referring such a person to a psychotherapist or psychiatrist in a timely manner to diagnose and prescribe the necessary treatment.

Keywords: sexual abuse, abuser profile, pedophilia, abuser classification, risk factors for child abuse.

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STRUCTURE OF MEDICAL CARE DEFECTS TAKING INTO ACCOUNT ERRORS AND OMISSIONS

DOI: https://doi.org/10.33994/kndise.2019.64.81

A. Hovsepyan; R. Hovhannisyan; K. Mkhitaryan

The article for the first time describes a carried out comprehensive analysis of defects in the defects of medical care (MC), highlighting medical errors and omissions during the treatment and diagnostic process, taking into account their various combinations. An analysis of 208 conclusions of the commission forensic medical expertise (CFME) carried out during the period from 2006 to 2012 in the National Bureau of Expertises of the National Academy of Science of the Republic of Armenia is presented. It was revealed that in 141 cases (67.8 %) of CFME different MC defects were detected, but in 67 cases (32.2 %) of CFME such defects were not registered. Later, the classification of MC defects was made: defects diagnostics, defects of treatment, defects of the organization of medical care and defects of keeping medical records. Among the MC defects the defects of diagnostics prevail – 123 cases (30.1 %). In the overwhelming majority of cases (90.1%), MC defects have combined character: the incompleteness of the examination led to incorrect or untimely diagnosis and, consequently, to inadequate or late treatment. In 9.9 % of cases isolated MC defects were registered. The analysis of the ratio of medical errors and omissions during the diagnostic and treatment processes in the total set of defects of diagnosis and treatment was also conducted. During the subdivision of diagnostic and treatment defects into two types (“errors” and “omissions”), their occurrence was detected in various combinations: from the absence of both to their presence.

Key words: commissary forensic medical examinations, medical aid, medical errors.

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THE MODEL OF FORENSIC PSYCHIATRIC EVALUATION OF ABILITY TO REALIZE THE SIGNIFICANCE OF THEIR ACTIONS AND GOVERNE THEM BY PERSONS WHO HAVE COMMITED SEXUAL OFFENSES

DOI: https://doi.org/10.33994/kndise.2019.64.80

O. Kozeratska

The article gives the results of scientific research conducted within the framework of the doctoral thesis “Forensic psychiatric evaluation of persons who have committed sexual criminal offenses”. For the purposes of the study the author analyzed 287 cases of forensic psychiatric examinations regarding the subject, who committed the sexual offense and were at the forensic psychiatric examination in Kiev city center forensic psychiatric examination in 2000 to 2015 (16 years old). The study revealed the criteria of «limited responsibility» for the perpetrators of sexual crimes, offered a forensic psychiatric assessment model for ability to understand their actions and to govern them in individuals who have committed sexual offenses. Key words: forensic psychiatric examination, responsibility – limited responsibility – irresponsibility, sexual offenses.

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THE DEVELOPMENT OF THE METHODOLOGY «CONDUCTING forensic military examinations EVALUATING THE ACTIONS OF OFFICERS (LEADERS, COMMANDERS, CHIEFS) SUBJECTS OF FIGHT AGAINST TERRORISM IN THE COURSE OF ANTI-TERRORIST OPERATION»

DOI: https://doi.org/10.33994/kndise.2019.64.79

A. Vlasiuk

The article analyzes the current state of the research techniques for evaluating the actions of officials during an antiterrorist operation during a forensic military examination. The structure of the methodology is outlined, the subject-matter, object, subjects and main tasks of the forensic military expertise are determined, the proposed algorithm of actions of the forensic expert during the relevant studies has been developed.

The developed methodology covers the study of a causal violation of the current legislation by officials of the Security Service of Ukraine, the Armed Forces of Ukraine, and other military units established in accordance with the law, law enforcement agencies of the security and defense sectors, with the onset of serious consequences – the loss of people, the cause of material damage to legal entities and individuals and so on.

According to the results of research work, it will be proposed to include this methodology in the Register of methodologies for conducting forensic expertises and in the List of scientific, technical and reference literature majoring in 16.1 “Military research”.

Key words: anti-terrorist operation, methodology, fight against terrorism, judicial military expertise, official.

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ASSESSMENTS OF ADMINISTRATIVE SOLUTIONS OF OFFICIALS (LEADERS, COMMANDERS, CHIEVES) RELATED TO THE LEVEL OF DEFENSE OF THE STATE

DOI: https://doi.org/10.33994/kndise.2019.64.78

O. Ruvin; O. Sredniy

This study reveals the research principles of the results of the management of the Ukrainian military administration of the strategic (operative) level in the course of organizational issues evaluation during state defense system forming as well as building and development security and defense components, particularly the Armed Forces of the Ukraine.

This principles structure defines the subject, the object and the parties, the basic tasks of the military legal expertise, guidelines for legal expert (board of legal experts) in the course of evaluation of the military administration management activity in the course of reforming and development of the Armed Forces, as well as during the course of planning and conducting military operations (battle actions) of the military units (forces). Developed principles also refer to the following researches: cause and effect relationship of the breach of legislation of the Armed Forces of the Ukraine and other legal military and law enforcement units administrations officials, which led to negative consequences such as people deaths, loss of weapons and military equipment in the course of military operation.

Key words: level of state defense, evaluation of managerial decisions, officials.