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DEFINITION OF THE DAMAGE OF INJURY AND THE TIME OF DEATH ON CHANGES OF TEMPERATURE INDICES OF PANCREAS

O. P. Babkina

Summary

The article analyzes the current state of the problem of determining the prescription of the injury and the time of death. In the course of our studies, we detected a statistically significant decrease in temperature in traumatized and intact pancreatic tissues in people who died from trauma, which can be used as one of the criteria for determining the time of onset of trauma. The study revealed that higher quantitative temperature indices are observed directly in the area of pancreatic injury in comparison with untreated pancreatic tissues and make up the difference, on average, by 1.5-3 ° C (± 0.17). It is established that the sex of a man (male or female) on the temperature of the pancreas does not significantly affect.

Based on the results of the study, we proposed to use the regressive model to take into account the temperature indices of the parenchymal organs of the abdominal cavity and the retroperitoneal space in the complex (liver, pancreas, spleen, kidneys) in dynamics at positive and negative temperatures using the current method infrared thermometry.

The comprehensive approach suggested by us will help to optimize the accuracy and reliability of the decision on the issue of the prescription of injury and the onset of death. In order to obtain objective information, it is necessary to conduct a repeated measurement of the temperature in the dynamics in the recommended hourly intervals.

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H. M. RUDYI IS THE FOUNDER OF POLICE EXPERT CRIMINALISTIC SERVICE IN UKRAINE

V. M. Chysnikov

Summary

It is described the life path and innovative activities of the Head of the detective department of Kyiv City Police, titular adviser Heorhii H. Rudyi (1863– 1918) – a talentive detective, one of the pioneers of the use of scientific and technical means in the fight against crime in the Russian Empire, the «father» of Russian fingerprinting and guard dogs, the «investigative suitcase», the founder of the Police Expert Forensic Service on the territory of Ukraine, as well as the author of the first in Russia instruction for the officers of detective police.

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ISSUES OF THE RELEVANCE OF REGULATORY DOCUMENTS REGULATING THE CONDUCT OF FORENSIC MILITARY EXPERTISE

V. Savechko; A. Kozlov

Summary

The article deals with the state of the regulatory framework regulating the conduct of forensic military expertise.

Amendments to the «Regulation on expert-qualification commissions and certification of forensic experts», approved by the order of the Ministry of Justice of Ukraine dated 03.03.2015 № 301/5/5 and «Scientific and methodological recommendations on the preparation and appointment of forensic examinations and expert studies», approved by the order of the Ministry of Justice of Ukraine dated 08.10.1998. № 53/5 (as amended by the order of the Ministry of Justice of Ukraine dated December 26, 2012, № 1950/5), it allows to adapt the legal and regulatory framework to modern threats, challenges, risks of national security in the military sphere, to achieve Euro-Atlantic standards required for NATO membership.

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PSYCHOLOGICAL PORTRAIT OF A CRIMINAL THROUGH A PRISM OF HISTORICAL RESEARCHES. CRIME GENE

A. Bielyk; A. Shyian

Summary

The article is devoted to some aspects of informational and analytical support for the detection and analytical ensuring identification and a research of the identity of the criminal, through a prism of historical researches, his behavior, lifestyle, outlook which have developed historically and also views of scientists, criminalists of genetics of criminals. Theoretical achievements and conclusions of modern scientists are investigated about «crime gene».

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PARTICIPATION OF SPECIALIST ON NON-VERBAL INFORMATION IN CRIMINAL PROCEEDINGS: PROCEDURAL ASPECTS

O. Vashchuk

Summary

The challenges of modern life lead to the need to update the individual provisions of criminal proceedings. Assistance in identifying, fixing and seizure of items and documents is realized through the traditional for domestic criminal proceedings of a specialist in investigative (search) and other procedural actions. This was the only form of participation of a specialist as as an independent subject of criminal proceedings under the previously existing criminal-procedural legislation of Ukraine. At the same time, the possibility of involving a specialist was limited to only a few investigative actions. Currently, this restriction has been removed. Now the specialist is a procedural figure with a certain procedural status.

There is an objective need to determine criminal procedural peculiarities of applying an integrated approach to the use of special knowledge, namely nonverbal information in criminal proceedings. Increasing the role of non-verbal information in criminal proceedings may also be facilitated by the wider use of special knowledge of persons in the forms envisaged by law.

The results of survey conducted by investigators/prosecutors/judges/experts and law students about their opinion on obtaining and using non-verbal information in criminal proceedings are presented (as of January 01, 2017, 1470 persons were questioned, of which 254 judges, 288 investigators, 388 prosecutors, 19 experts, 521 students of higher law educational institutions of Ukraine (Lviv State University of Internal Affairs of the Ministry of Internal Affairs of Ukraine and the National University «Odessa Law Academy»).

The article analyzes emphasizes the norms of current Criminal Procedural Code of Ukraine with regard to the procedural figure – of a specialist, including a non-verbal information specialist. It is indicated he necessity of amending certain provisions of Criminal Procedural Code of Ukraine for the optimization and effectiveness of the involvement of a specialist, including a non-verbal information specialist.

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POLYGRAPHOLOGY AS THE INTERDISCIPLINARY FIELD OF KNOWLEDGE AND ITS RELATIONSHIP WITH CRIMINALISTICS

A. Motliakh

Summary

Recognizing a polygraph with a scientific and technical device, scientists have been discussing this area for a long time on the question of which field of knowledge it is more related: to medicine, cybernetics, psychology, psychophysiology etc. However, the polygraph taking advanced, progressive from the above sciences and branches of knowledge went its own way, improving already developed international special methods, adapted by time and practice. As a result, a new field of knowledge was formed which it was called polygraphology. It represents an interdisciplinary field of knowledge about the scientific and methodological foundations, technical, organizational and legal conditions for conducting psychophysiological research of persons using a polygraph for the purpose of diagnosing the information state of the ideal (imaginary) traces of reflections related to the processes of legal proceedings, operational search, labor, official, commercial and other activities.

Regarding criminalistics as a fundamental applied legal science, polygraph examiners are to some extent related to its system and its constituent parts, namely: the general theory of criminalistics; forensic technology; forensic tactics; forensic methods or methods of investigating certain types of crimes. It also applies to other sciences, both legal and psychological. However, despite the polygraph relationship with a number of theoretical and applied sciences and, in particular, criminology to provide practical assistance in the investigation committed criminal offenses, it remains independent, well-formed, interdisciplinary field of knowledge that is developing and improving greatly.

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LITERARY WORKS OF A SCIENTIFIC NATURE AS OBJECTS OF COPYRIGHT: CONCEPT AND CLASSIFICATION

V. Fedorenko; O. Holikova

Summary

The article is devoted to the study of the essence and content of the category «literary work of a scientific nature» as an object of copyright and forensic examination on intellectual property issues. It is determined that a literary work of a scientific nature or a scientific work is a new and original result of a deliberate professional intellectual activity of a scientist (scientists), which is a consequence of the study of the laws of the development of nature, man, society and the state, embodied in ideas, concepts, theories, doctrines, the doctrines and received their material attachment in monographs, dissertations, reports of research papers, scientific articles and other types of scientific works.

It is noted that an important feature of scientific works, as objects of intellectual property, is their diversity. This leads to the need for their classification, which involves a deliberate intellectual-volitional process of identifying and identifying the types (classes) of scientific works according to the defined criteria (essence, content, entities of creation, form of existence, volume, etc.). Based on certain criteria, types of scientific works of a literary nature are distinguished and characterized, and their features are revealed.

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GENERALIZATION OF EXPERT PRACTICE IN THE CALCULATION OF THE COMPONENTS COST OF WHEELED VEHICLES SUITABLE FOR FURTHER OPERATION

A. Yukhymenko; V. Bondar

Summary

In the article, based on the analysis of expert practice are presented the results of the generalization of expert practice in calculating the market value of damaged and dismountable wheeled vehicles using calculation algorithms type «A» and type «B».

Particular attention is paid to the revealed regularities in the calculation of the specific gravity of components that are part of the design of the estimated model of a wheeled vehicle, depending on its modification. The expert practice has some direct relationship between the prices of new modifications of one model of a wheeled vehicle and the specific weight of the groups and sub-groups of constituent parts that are included in each modification of the vehicle.

The method of determining the market value of a damaged (disassembly) of a wheeled vehicle with a specific weight of its constituent parts, in cases where it is necessary to name the calculation of utilization value, as practice shows, provides a fairly accurate and principal methodologically grounded result. Because it involves calculating the specific weights for each modification of a vehicle of this model, rather than using an unreasonable numerical value. At the same time, during the formation of the price arrays which are necessary for carrying out research work, the experts have discovered the patterns that accelerate the calculation for different modifications of one model of a wheeled vehicle.

As a result of the generalization of expert practice, an algorithm has been generated for calculating the specific weights of component parts of a certain vehicle modification, with such are available for a basic modification.

In addition, based on the analysis of expert practice, the proposed method, which will ensure the leveling of changes in specific weights based on price data for a certain period and in conditions of unstable economic situation may change within certain limits.

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INVESTIGATING OF CALCULATIONS WITH ACCOUNTABLE PERSONS WHO ARE DIRECTED ON OFFICIAL BUSINESS TRIP

Yu. Konovalov

Summary

In the article on the basis of analysis of problem issues encountered in practical activities by experts is analyzed existing approaches to solving problems during the forensic examination of settlements with accountable persons, the theoretical generalization of the actual problem, reflected in the development of theoretical and methodological foundations of forensic examination of settlements by using integrated process approach.

According to the Instruction on official business trips within Ukraine and abroad, approved by the Order of March 13, 1998, No. 59, it is indicated that the official trip is the trip of an employee on the instructions of the head of an enterprise, institution and organization, for a certain term, to another settlement for the performance of an official order outside the place of his/her permanent work, provided that the business trip is related to the main activities of the enterprise.

Confirming documents certifying the costs incurred in connection with business trip expenses are settlement documents in accordance with the Law of Ukraine «On the use of registrars of settlement transactions in the sphere of trade, public catering and services» and the Tax Code of Ukraine.

A separate type of expenditure, which does not require special documentary confirmation, is the daily expenses, namely, the cost of food and the financing of other personal needs of an individual, incurred in connection with such business trips.

The direction of the employee of the business on business trip is carried out by the head of this enterprise or his deputy and issued by an order indicating: the destination, the name of the enterprise, where the posted employee, the term and purpose of business trip. The amount of daily allowance is also determined according to the business trip order.

In accordance with the Procedure for drawing up a report on the use of funds issued for a business trip or for a report approved by the order of the Ministry of Finance of Ukraine on September 28, 2018 No. 841, it is indicated that the report is submitted before the end of the fifth banking day following the day in which the taxpayer completes such a business trip.

In accordance with the Instruction on the application of the Account of Accounts of Assets, Capital, Commitments and Business Operations of Enterprises and Organizations, approved by the Order of the Ministry of Finance of Ukraine dated November 30, 1999 No. 291, it is indicated that the accounting of accounts with accountable persons is conducted on the account 372 «Payments with accountable persons» the balance of the subaccount can be both debit and credit. Such indicators are expanded: the debit balance – in the composition of current assets, the credit balance – in the balance of the enterprise liabilities. Analytical accounting is conducted for each debtor, by types of debt, terms of its origin and repayment.

The subject of forensic economic appraisal of settlements with accountable persons is reflected in the documents of economic transactions related to the sending of employees in business trips and settlements with them.

Objects of research are documents of accounting, tax accounting and reporting.

The following questions can be raised on the expert’s research:

1. Is the employee’s travel expenses (indicated by the amount of money) for the period (the time period is indicated) justified to the employee (name of the enterprise, institution, organization, surname, name, and patronymic of the employee)?

2. Is the documentary evidence of the expense of travel (name of the enterprise, institution, organization, surname, name, patronymic of the employee) for the periods (time period is indicated) in the amount (indicated by the amount of cash)?

The specifics of conducting forensic studies on issues related to settlements with accountable persons need to pay attention to issues related to the documenting such calculations.

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PECULIARITIES OF CONDUCTING RESEARCH OF JUSTIFICATION OF BANKS’ APPLICATION OF LIBOR INTEREST RATE FOR CREDITING IN FOREIGN CURRENCY

O. Liashenko; O. Shcherbyna

Summary

In this article, based on the analysis of expert and forensic practice, the study of regulatory and reference information sources are analyzed some aspects that arise when conducting forensic examinations on issues of compliance with the current legislation of Ukraine by banks in calculating long-term foreign currency loans at the base of LIBOR rate (London Interbank Offered Rate), the methodology for calculating such an interest rate. It is considered the nature of the origin of the LIBOR rate and other interbank rates used both in world practice and in Ukraine.

The purpose of the article is to summarize and systematize the existing expert and forensic practice as to the reasons for applying the LIBOR rate for lending the currency; to consider types of interest rates used in foreign currency loan agreements, identify the specific features and disclose the legal nature, the essence of the application of lending in the currency rates LIBOR +; to investigate the norms of current and international legislation on the compliance of the rate LIBOR + with the credit relations of Ukrainian banks with resident borrowers.

This article also analyzes the application by the countries of the world of similar types of rates and the admissibility of their application by countries in domestic lending.

The main issue of the study is the lack of methods for conducting forensic examinations on compliance with the current legislation of Ukraine, applied by banks in calculations for long-term foreign currency loans of the floating rate LIBOR +.

During the article writing were used the materials of expert and fforensic practice on the issue of the compliance of the LIBOR + rate in the credit relations of the banks of Ukraine.

The materials of this article can be used by experts in conducting economic examinations.