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CLASSIFICATION OF EXPERTISES ON THE BASIC SATISFACTION OBJECT OF RESEARCH AND OTHER GROUNDS

DOI: https://doi.org/10.33994/kndise.2019.64.36

A. Kirichenko; Yu. Lantsedova

The article deals with the new classification of antitort and other expertises on the basis object of the research and other grounds. The classes of criminalistic, medical and narcological expertises and the class of human psychic expertises are distinguished. The essence of the class of criminalistic expertises for the research of any trasessubstances (tracks: imprints, diagnostic and situational displays; substances: objects, devices, mechanisms, substances), relationships or phenomena of importance for overcoming criminal and/or other offenses except, excluding the psyche and metabolic processes of a person, his body, parts or secretions, as well as clothing, footwear and other traction substations in the event of joint causation of bodily harm to a person or other trace formation with his body and/or parts and/or excreta. The list of genuses of criminalistic expertises is given: firearms, ammunition and traces of illicit treatment of them; mechanical weapons, ammunition and traces of illicit handling of them; explosive weapons, explosive devices and substances, means of blasting and traces of the illicit treatment of them; substances, materials and products from them; restoration of destroyed texts and marking symbols; trassological; phonoscopic; commission odorological; handwriting author-identification; portrait; technical; technological, commodity research; accounting; financial-economical, biological, engineering-ecological, art criticism, military, etc., as well as kinds of expertises of some of these genuses.

The list of the genuses of medical expertises: genoscopic, immunological, biological, cytological, trassological, toxicological, trace ssubstances, corpses of a person, etc., as well as expertises of the human psyche: a psychological one that should investigate various peculiarities of the human psyche; and psychiatric, who investigates various deviations and diseases of the human psyche, including establishes the fact of the presence and recognition of the need for treatment of various manifestations of psychosociality.

The essence of the class of narcological expertises is determined, which must establish the fact of the presence and necessity of treatment of various manifestations of psycho-metabolic dependence on alcoholism, drug addiction, toxicomania, etc.

The variants of classification of antitortious and other expert investigations on the sequence of conducting, on the volume of research, on the composition and nature of the special knowledge, on the place of conducting and on the type of procedural proceedings.

According to the results of the research, it is suggested to use the above mentioned innovations to develop a solution for this problem, exhaustive in terms of the genuses and types of expertises, in the process of discussion.

Keywords: the classification of expert investigations criminalistic, medical and narcological expertises; human psychic expertises.

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INNOVATION BASIS OF CRIMINALISTICS METHODOLOGY

DOI: https://doi.org/10.33994/kndise.2019.64.35 

A. Kirichenko; A. Tuntula; Yu. Tkach

The article proposes a new understanding of the classification of expert methods on the basis method, general scientific and criminalistic methods with allocation among the strictly criminalistic (basic, general, partial) and unoriginal criminalistic methods. Formulated concepts of each of the basic strictly criminalistic methods. Under the individual identification, it is suggested to understand the process of identifying the features of the external structure of a solid body or signs of appearance of a person with their materially fixed reflection on another solid body or in its structure or in the consciousness of a personal source. In group identification, it is possible to detect in a materially fixed representation of this kind of evidence only a certain group of trajectory objects. In contrast, the essence of the grouping is the process of establishing generic, species or group similarity of morphology or other substantial features of two or more solids body or two and more volumes of viscous, friable, liquid or gaseous substances. It is more appropriate to consider the diagnostic research as a process of establishing the presence of signs of a general nature of a certain external or internal influence on their materially fixed reflections on the surface or in the structure of a solid or in the structure of viscous, friable, liquid or gaseous substances or in the memory of a personal source, which makes it possible to diagnose the fact and other circumstances of this influence. The essence of the situational research is to establish the mechanism or situation of the interaction of two or more solids body or volumes of substances of a viscous, liquid, friable or gaseous aggregate state with a certain solid body on the materially fixed reflections of the features of this mechanism or situation on the surface or in the structure of solid body, or the ideal reflection of these same signs in the memory of a personal source. The definition of a classification study and the establishment of a common source of origin are also provided.

According to the results of the research, it was concluded that the innovations proposed do not pretend to be the ultimate solution to the relevant problems of the methodology of criminalistics and can serve as a basis for developing a commonly accepted solution to these problems as a result of a broad and correct scientific discussion.

Keywords: classification of criminalistic methods, individual and group identification, grouping; diagnostic and situational research.

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TYPES OF THE SIGHNS AND METHODS OF THEIR DIAGNOSTIC ANALYSIS IN THE LINGUISTIC RESEARCH OF ORAL SPEECH

DOI: https://doi.org/10.33994/kndise.2019.64.34

А. Ovannisian

The article examines a set of issues related to the features of the classification of signs of oral speech for various diagnostic and evaluation criteria:

– by their stability / instability;

– by their origin (congenital / acquired);

– by their nature (dynamic / static);

– according to the form of implementation (materially expressed / hidden);

– according to their functional purpose (monofunctional / multifunctional);

– by their composition (simple / complex / complex /;

– by their classification significance (general / private);

 – by frequency of implementation in speech, etc.

All listed classification groups of signs are described both in the content plan and in the functional one, that is, the features of their identification, evaluation of the factors under the influence of which they formed and the evaluation of their diagnostic and identification significance are analyzed. Such an approach to their study is due to the fact that the possibility of correlating a trait with a particular area of ​​scientific knowledge is not always obvious and unambiguous. Different properties of the human person can be realized in his speech in the form of one and the same sign. For example, a more closed version of the pronunciation of sound [a] can manifest itself as an individual feature of the articulation of a particular person, as a sign of speech in a non-native language or a dialect feature (a common sign that is studied in the framework of sociolinguistics, psycholinguistics and linguistics), as a sign of imitation which is studied in the framework of psycholinguistics, sociolinguistics, linguistics), as an accidental (unstable) feature, the manifestation of which is due to the physical state of the speaker, nicative situation (eating, jogging in the process of speaking), etc. Therefore, understanding the nature of the origin and realization of a particular sign in speech is a fundamental condition for its correct classification, on the basis of which an objective assessment of its diagnostic and identification significance is subsequently achieved in the complex of signs of a particular person’s speech and, consequently, of his forming expert conclusions.

The article also outlines the principles for the classification of signs according to their composition by dividing them into three groups: simple signs, complex and complex. Particular attention is paid to complex features (for example, signs of cross-language interference), which consist of simple signs and are established after analyzing the signs of the components. As a result, complex signs are often not fully investigated, which can lead to the bias of the expert’s conclusions.

Key words: linguistic study of oral speech, diagnostic analysis, idiolect, classification, sign, evaluation of the significance of the sign, complex of signs, persistent sign, intensity of manifestation of signs, interlingual interference, level of linguistic research.

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SIGNS OF PROTECTION OF A DESTRUCTIVE CHARACTER IN THE TEXT OF URGENT MESSAGE

DOI: https://doi.org/10.33994/kndise.2019.64.33

T. Budko

The article discusses the nature and types of propaganda of a destructive nature, the possibility of its criminalization in domestic legislation. In particular, the concepts of propaganda for war (other than national liberation), propaganda for racial, national, religious intolerance, propaganda for the use of harmful substances and substances for human health, and for suicide propaganda are defined.

There is put up for discussion a comprehensive definition of propaganda of extremism, the components of which are public justification, mass dissemination of ideas of necessity, expediency of violent change of the foundations of the constitutional system and power in Ukraine, violation of its territorial integrity, armed conflict, war, mass riots as ways of resolving political, economic contradictions, ethnic and religious nature; mass dissemination of ideas of historical, cultural, mental incompatibility of the residence of certain ethnic groups (groups on linguistic, territorial grounds, ideological convictions) on the territory of Ukraine; public denial of a criminal nature, mass dissemination of information aimed at justifying terrorism, terrorist activity, Nazism, genocide, mass repression, persecution, extermination of people on grounds of social, racial, national, linguistic, political, religious or religious affiliation on the territory of Ukraine, dissenters; mass dissemination of conscious lies (by distorting data, fiction, tendentious suppression of data) in the political, socio-economic, religious and other spheres of society with the aim of encouraging, abetting and other types of inducing people to violent actions, other destructive behaviour, which may or has led to the violent overthrow of the constitutional order, the seizure of state power, the violation of the sovereignty and territorial integrity of the state, the escalation of tension the emergence of conflicts (including armed) between different segments of the population within the country, between states, between representatives of different races, nationalities, religious denominations, between carriers of certain ideological and political views, to harm, damage to the mental and physical health of people, to destruction moral foundations of society, to mass destruction, the destruction of cultural and historical values, etc.

An attempt was made to systematize the signs of the presence of propaganda of a destructive nature in a text message. The criteria for the delimitation of propaganda of extremism, the propaganda of a destructive nature in general from similar content messages are defined. There are some examples of expert conclusions, which revealed such propaganda.

Key words: propaganda, destructive nature, speech message, criteria for differentiation.

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CRIMINALISTIC CLASSIFICATION OF CORRUPTION CRIMES IN LOCAL GOVERNMENTS

DOI: https://doi.org/10.33994/kndise.2019.64.32

Yu. Motlich

 This article is devoted to the study of criminalistic classification of corruption crimes in local governments. It discusses issues related to determining the basis for constructing a criminalistic classification, types and their significance for the development of criminalistic techniques for investigating corruption crimes in local government.

Analysis of the scientific works of scientists led to the conclusion that the criminalistic classification is the basic systematizing element of crime investigation methodology, from which directly complex depends guidelines for the implementation of the investigation and ways to improve such recommendations.

Such a scientific position is connected with the very essence of a criminal event as an object of study of criminalistics. The author of the article supports the position of scientists, indicate that the role of the criminalistic classification is to single out criminalistic signs of criminal activity and activities to investigate such crimes. This allows you to build the most effective and optimal criminalistic techniques.

The method of investigation of corruption crimes in local governments is related to interspecific methods. Criminalistic construction qualifying offenses given the common criminalistic significant and criminal-legal signs allows science to create such interspecific methods that could satisfy the needs of the investigation.

There are various approaches to the solution of the question of determining the grounds for constructing a criminalistic classification. It is necessary to take into account criminal-law and purely criminalistic signs in the implementation of the construction of a criminalistic classification of corruption crimes committed in local government bodies. In addition, it should be emphasized separately that the specific characteristic of the investigated crimes committedcamping in local government, it is the corruption component. Accounting for this specific feature is due to its direct influence on all elements of the criminal event. Therefore, the assignment to corruption of a certain group of crimes committed in local government bodies is associated both with the implementation of the correct criminal law qualification of the act, and with ensuring the proper level of organization and the choice of the correct investigation technique.

Given the nature of the corruption component of individual crimes and results of studies of the development of criminalistic classifications, we can conclude that the classification of the study group of crimes should be subject to the following significant features : 1) the identity of the offender; 2) subject of encroachment; 3) method of crime (methods of preparing, committing and concealing crimes) ; 4) criminal technologies; 5) the results and consequences of the crime.

The criminalistic classification is a vital element of such an interspecific criminalistic methodology, such as the method of investigating corruption crimes in local governments. Its development is aimed at ensuring the construction of an effective method of investigation of this group of crimes. The allocation of criminalistic classification with regard to criminal law and significant criminalistics grounds will allow to form complex methodological recommendations taking into account various typical situations of the initial and subsequent stages of the investigation, identify typical versions, tactical tasks and provide for an optimal set of means to solve them.

Key words: forensic classification, corruption, bodies of local self-government, investigation, methods of investigation of crimes.

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INFORMATION AND REFERENCE SYSTEMS OF OTHER MINISTRIES AND DEPARTMENTS AS A PART OF INFORMATION AND REFERENCE SOFTWARE ROBBERY INVESTIGATION

DOI: https://doi.org/10.33994/kndise.2019.64.31

O. Lyshak; S. Krul

The need to use information in the investigation of any of the information, regardless of their subordination and direct appointment follows logically from the fact that objects of any variety act counts material world objects and events. Notable among these are the people who in the course of their life activities are accounting objects in different systems. They are recorded by place of birth, education, residence, work as users various tools (weapons, vehicles, etc.) and so on. Some of them are becoming of the objects forensic information systems. And in the case of their involvement in criminal activities there is a need retrospective analysis of previous life, belonging to a particular activity, events, etc. In the context of accounting information in the fight against organized crime V. P. Bahin said: “In the specialized accounting of the MIA and SBU there are many different institutions, which records a variety of acts and actions of citizens. Indeed, the results of analysis of crimes practice investigation indicate that the information that may be useful in the investigation process can be found in any information systems regardless of the underlying purpose and subordination”.

The article deals with the basic information and reference systems of other ministries and departments as a part of information and reference ground for robbery investigation.

Key words: information system, distribution system, distribution of information.

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THE ROLE OF THE PROSECUTOR – PROCEDURE LEADER OF THE PRESENTATION OF THE PRESENTATION IN THE APPOINTMENT OF THE FORENSIC EXAMINATION AND EVALUATION OF ITS RESULTS

DOI: https://doi.org/10.33994/kndise.2019.64.30

A. Yakovlev

The article summarizes and analyzes the causes of errors made during the stages of the appointment of a forensic examination and an expert opinion assessment. There are numerous examples of errors from the practical activities of the investigating authorities. The lack of sufficient special forensic knowledge of the investigator and a formal attitude to his duties as a prosecutor are considered as the main cause of errors. This problem is aggravated by scientific progress, the continuous improvement of the methods, technologies and techniques used in the production of examinations, the expansion of the range of issues being solved and the increase in their complexity.

The role and possibilities of the prosecutor, as the procedural manager, regarding the timely detection and prevention of these errors are considered. It was noted that the effective work of the prosecutor in this direction requires special forensic knowledge. On the other hand, the imparting of deep knowledge simultaneously both in jurisprudence and in various fields of special knowledge of one person seems to be an extremely difficult and not always expedient decision.

In connection with the above, it is proposed to introduce the specialization of prosecutors according to the direction of the crimes, the investigation of which is under their procedural guidance. It is also recommended to introduce the practice of conducting specialized advanced training courses, to which employees of expert institutions should be involved. The latter will not only increase the information content of the courses, but will also facilitate the exchange of practical experience and scientific opinions between prosecutors and forensic experts. In addition, it is proposed to introduce the institute of forensic prosecutors, whose duties will include advisory assistance in some cases when there is a need for special forensic knowledge, including when appointing forensic examinations and when evaluating an expert opinion.

Key words: pre-trial investigation, forensic examination, evaluation of results.

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TO THE ISSUE OF STANDARDIZATION OF THE TECHNOLOGY OF SCENE EXAMINATION (INVESTIGATION)

DOI: https://doi.org/10.33994/kndise.2019.64.29

A. Poltavskyi

The article is devoted to one of the most frequently faced crime investigation procedure – scene examination (investigation), during which an investigator and a specialist to recognize, record, collect, transport and store trace information before conducting expert examination. Their activity, in this case, consists of a number of main stages: the recognition of traces on the subjects, which at the time of the commission of crimes could have formed traces and which (subjects with traces) can be collected; the recognition of traces on the subjects, which cannot be collected; recording, collecting, packing of traces on the subjects and traces; transportation of collected subjects with traces and traces to the pre-trial investigation authorities, its storage until sending them to the institution of forensic examinations; samples’ obtaining for comparative examination; transportation of subjects with traces and traces and samples for expert research. These main stages constitute the technology of scene examination (investigation), which (technology), in the general context, is defined as a set of knowledge, information about the sequence of separate work operations in the production process of something.

The analysis of the integration of the concept of “technology” in forensic science and forensic expertology showed that the general understanding of the term “technology” there is no classification of technologies, their structure and content, and the order of representation at a practical level for the implementation into crime investigation.

The article illustrates some shortcomings of scene examination (investigation). The analysis of regulations that adjusting scene examination (investigation) shows that they do not have detailed instructions for the implementation of specific actions by specialists. In the opinion of the author, the solution of problematic issues should be the standardization of the institutions’ activities that provide for the conduct of scene examination (investigation) and expert research. The article briefly deals with the history of international standardization, the state of standardization in Ukraine, analyzes the provisions of the international standard ISO 21043-2: 2018 “Recognition, recording, collecting, transport and storage of items” (which have potential forensic significance).

According to the results of the research, conclusions were made on the necessity of implementation into the work of the institutions that provide scene examination (investigation) and expert research, quality management systems in accordance with the requirements of ISO/IEC 17020 ISO/IEC 17025, as well as the harmonization of the international standard ISO 21043-2: 2018 as a national regulatory document (National Standards of Ukraine (DSTU)) with the further implementation into practical activities on crime detection.

Key words: international standardization, ISO 21043-2:2018, standardization of the technology of scene examination (investigation).

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USING THE TACTICAL METHODS OF INQUEST FOR THE CRIME PREVENTION

DOI: https://doi.org/10.33994/kndise.2019.64.28

S. Tomin

The article elucidates the basic tactical methods of inquest, aimed at solving problems of the crime prevention. On the base of evaluation the norms of the current legislation and scientific works in the area of criminal process, criminalistics and juridic psychology, the features of the solution are investigated in the production of this investigative action such task as establishing the circumstances that facilitated the crime.

The author draws conclusions about the need for an integrated approach to understanding interrogation from the standpoint of the criminal process, criminalistics and legal psychology. This approach is about solving with the help of tactical methods of inquest the following tasks: to identify the circumstances that contributed to the commission of a criminal offense; to carry out individual preventive effects on the interrogated person in order to prevent him from committing crimes in the future.

At the present stage of development of the criminal process, both the above and other areas of crime prevention are not properly implemented in the practice of the preliminary investigation bodies, as well as the proper scientific research. The main reason for this is seen in the absence in the Criminal Procedure Code of Ukraine of an indication of crime prevention as the task of criminal proceedings in general and the bodies conducting criminal proceedings, in particular. Considering the above, the necessity of restoring the provisions regulating the duties of law enforcement agencies in solving the task of crime prevention in the process of investigation and judicial review of a criminal case is substantiated in the norms of the criminal procedure legislation of Ukraine.

Key words: prevention, interrogation, tactical receptions, causes and conditions of a crime, preventive and educational influence.

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CRIMINALISTICS CHARACTERISTICS OF ILLEGAL ENRICHMENT

DOI: https://doi.org/10.33994/kndise.2019.64.27

Z. Toporetska

In the article based on the analysis of scientific literature on criminology, criminal process and taking into account the actual changes to Art. 368-2 of the Criminal Code of Ukraine, the Law of Ukraine “On Prevention of Corruption” have analyzed the criminalistics significant indications of illegal enrichment.

The purpose of this article is to study within its scope the criminalistics significant indications of illegal enrichment.

The authors consider the criminalistics characteristics of the crime as a system containing a set of forensic significance features that are inherent in a particular type of crime. Like any systematic education, the forensic description of crimes consists of interconnected components – elements. The specified elements are not isolated, but connected with certain correlation links, determined by the sequential placement of elements in accordance with the sequence of deployment of criminal activity, starting from the position: 1) the identity of the offender acting in the direction 2) the choice of the object of the attack, 3) in in certain conditions, 4) by applying certain methods, 5) causing the corresponding effects in the form of a set of tracks and damage.

The article analyzes the following elements of the forensic character of illegal enrichment: the person of the offender, the subject of a direct criminal offense, the method of committing a crime, a trace pattern.

The indicated elements are linked by correlation bonds, which reflect the dynamic, “phase” nature, due to the sequential placement of elements in accordance with the sequence of deployment of criminal activity. Forensic characteristics of illegal enrichment help to distinguish this offense from other official and corruption crimes. Forensic characteristics of illegal enrichment facilitate the determination of a range of circumstances to be proved in a criminal proceeding for crimes of this kind and the planning of their investigation. At the same time, while investigating crimes of this kind, there are a number of problems that require further resolution, and therefore this issue requires a separate scientific study, which will be the subject of further research.

Key words: criminalistics, criminal process, forensic characteristic, illegal enrichment.