Блог

S. Naumenko

Summary

The article proposes to consider the issue of the formulation of expert conclusions in case of revealing signs of forgery of different types of documents. For this purpose, the article gives the general information about Article of The Criminal Code of Ukraine that provides criminal liability for fake documents and a comment what, in terms of the CC, is interpreted as forgery.

Based on the analysis of expert practice, the author analyzed several types of forgery as well as technological features of making documents on a polymer basis. There is also a delineated notion of document and document form.

According to the author, in the presence of appropriate grounds (attributes), it is necessary to conclude that the form or document submitted for research is forged. The author also believes that the international practice of conducting a technical examination of documents should be more actively studied and adapted.

V. Kulykovska

Summary

The author of the article points out the relevance of the problem of the study of intersecting lines of details of documents in modern technical and forensic examination of documents.

Very often, along with the question about the time of production of a document and its details, there is a question about the sequence of their execution or individual fragments of the document, since, in relative terms, the sequence of execution of fragments of the document, the insertion of any records in this document or in its copies.

Depending on the properties of the studied requisites, different methods are used in each case.

Given the changes that are taking place in the current production of materials of letters (the addition of new and continuous improvement of formulations already available), it is necessary to constantly update existing and create new methods for solving this problem.

The author analyzes the reasons that complicate the decision of the tasks assigned to experts in the performance of these types of research. It is noted that the establishment of the sequence of execution of requisites in the documents is a complex task and the possibility of its solution depends on certain factors – the properties of the materials, which are made strokes of these details (morphological structure, color, the ability to absorb or reflect light radiation, solubility, etc.).

Longstanding expert practice shows that the completion of a number of documents has a strictly regulated procedure, which is often violated, so very often before experts raised questions about the establishment the relative limitation of performance in the documents of its requisites.

In order to solve the problems of establishing a chronological sequence of execution of the requisites of documents, there are methods for studying requisites that have mutual intersections (for example, copying to an adsorbent, moistened with a solvent system, research using a raster electron microscope, etc.). There is also designed and developed a method for establishing the sequence of execution of requisites, which have no intersections. However, this method can be used for a very narrow group of materials (one of the requisites of document is made on a laser mark synthesizing device and the second one with a paste of ballpoint pen, gel ink).

However, each of the methods presented by the author in the article has limitations due to both the capabilities of the method and the specifics of writing materials in the studied strokes because the perception and transformation of these properties in different research methods are different.

І. Bilous

The author in the article reveals the aspects connected with the introduction of modern technologies of electronic identification of citizens, as well as the process of implementing state measures in the course of the comprehensive identification reform in Ukraine.

The relevance of the chosen topic is based on the fact that interest in the use of biometric information about the owner of the document for the reliable identification of the person has increased considerably recently, which is directly related to the growing threats of international terrorism, the activation of illegal migration. And the interest in electronic identification tools is connected with the development of channels of access to new electronic services.

Therefore, an important issue for ensuring national security and public order is the creation of conditions under which it is impossible to use personal data and identity documents for the commission of criminal offenses. And for the provision of efficient public services, the introduction of modern electronic identification and accounting technologies for Ukraine, foreigners and stateless persons is important in Ukraine. The main condition for this is staying in the national circulation of highsecurity identity documents, the main of which is the passport of a citizen of Ukraine in the form of ID-card.

To this end, the author highlighted the state measures that ensure the implementation of the system of complex identification reform in Ukraine, as well as the possibilities of using the passport of a citizen of Ukraine in the form of a card, as a modern instrument of electronic and criminalistics identification of the person. Particular attention is paid to establishing authentic data about a person in the process of issuing a passport of a citizen of Ukraine in the form of ID-card.

The analysis of scientific researches of technical, legal, and criminalistics directions devoted to the use of biometric data contained on the electronic medium of information, in law-enforcement activity and their forensic research is carried out.

The author of the article, on the basis of the study, concluded that in order to maintain the functioning of the national system of identification of citizens of Ukraine, foreigners and stateless persons and carrying out a complex identification reform, it is necessary: a phased replacement of the passport of a citizen of Ukraine in the form of a book for new samples, replacement of the outdated the practice of paperwork to electronic, the introduction of new standards and processes to ensure the operational access of the State Migration Service to the existing state and single registers, other information databases for the purpose of identification.

The introduction of more secure documents that provide identification of the person will contribute to a significant increase in the security of society from the manifestations of crime and international terrorism.

The passport of a citizen of Ukraine in the form of ID-card with the presence of new details (non-contact electronic media and personal biometric information contained therein) has several advantages over the traditional document in the form of a book.

А. Poltavskyi

Summary

The issue concerning the establishing time limits of sweat and grease traces of the papillary lines has been of concern to forensic scientists for a long time. It is a pressing issue up to this day. This is due to a number of reasons, first and foremost the need:

– to set the time for committing a non-obvious crime;

– the fact of the formation of traces in a specific period of time, which indicates the relationship of these traces to the event of the crime;

– the choice of the optimal method for detecting invisible traces or enhancing the contrast weakly-visible traces, etc.

At the first stage of comprehension the issue it was discussed about specific chemicals and their mixtures for the detection of the sweat and grease substance, which, as a rule, is layered on the subject-trace carrier by papillary lines of a palm surface of the hands or feet. Here it should be taken into account the period of time since the formation of the trace, the temperature of the environment, the morphology of the trace surface, etc. The incorrect definition of the time of trace formation entails the choice of a method that will not be able to reveal invisible traces.

Subsequently, the issue of establishing time limits of the formation of sweat and grease traces of papillary lines has shifted to a different plane. Before experts were posed the issue to establish time limits of traces, based on the mechanism of their formation and detection, by conducting experiments, during which were simulated the processes of trace formation and detection of traces in specified conditions.

The analysis of the methodological provision of expert studies on the establishment of time limits of the formation sweat and grease traces of papillary lines showed its imperfection at the present stage.

In fact, there are two methodological approaches to establishing time limits of traces: using the method of thermo-vacuum spraying (fresh (2-3 days) and ancient (15-day) traces) and the method of lipid analysis using thin-layer chromatography (up to 6 months).

At the same time, these methods were considered without taking into account other types of information that can carry sweat and grease traces of the papillary lines (odorology, dactyloscopic, gene, dermatological, biological and other types of information fields).

It is concluded that it is necessary to update the methodological support for expert studies to establish time limits for the formation of sweat and grease traces of papillary lines, taking into account modern technologies for identifying, fixing and removing such traces, information fields that they (traces) carry in themselves, starting from the actions of the forensic specialist during examination the scene of the incident and ending with the work of the forensic expert in the laboratory during the expertise.

A. Yakovliev; O. Parfylo

Summary

The general reasons for the use of forensic techniques in the investigation of crimes are examined in the article, in particular, it is shown that the most significant evidence in the investigation of any crime committed both in the open and in the premises is the detection, with the help of technical and forensic tools, of hidden traces of hands or biological fluids of the offender’s personality, which allows you to identify the person, as well as confirm his involvement in the event of the crime.

Using the example of the latest developments of the British company Foster + Freeman, the article analyzes the possibilities of technical and forensic tools used in the inspection place of incident, in particular, a description of some samples of expert lighting is given.

It is established that the innovative LTF (Latent Fingerprint Technology) recovery technology developed by the British company allows restoring fingerprints from surfaces that are extremely difficult or impossible to process, in particular, used ammunition, weapons and knives. It uses the newest chemical coating process to develop fingerprints on complex surfaces for processing, including those that are subjected to extreme heat (for example, cartridge cases after a shot), and objects that have been rubbed or washed to prevent identification.

Analysis of the development of modern forensic technology shows the need for actual development and implementation of technical and forensic tools by domestic manufacturers, as well as the adoption of the newest models of foreign production.

During the preparation of the article, materials were used for participation in international seminars on the subject «Examination of fingerprints» and «Identification of biological fluids», which were conducted by the world famous manufacturer of criminalistics technology Foster + Freeman (Great Britain, Evesham and Malvern).

А. Lysenko

Summary

The article deals with the issues of forensic research of signatures executed with the imitation of the original, as well as signatures executed by a facsimile seal and technical systems «Autopen».

M. Bohoslavska

Summary

The article analyzes the demand for forensic linguistic research, new types of expertise; it is also researched the problem issues and peculiarities of the development of the theory of forensic linguistic examinations, methods of linguistic monitoring.

Key words: forensic linguistics, forensic linguistic expertise, types of expertise, the theory of forensic linguistic expertise, the method of linguistic monitoring.

А. Оvannisian; Ye. Tymko

Summary

The article deals with a set of problems related to the prospects for the development of linguistic sub-types of forensic expertise.

1. The creation of the third sub-types, the semantic-textual analysis of oral and written speech, is conditioned by the specificity of its subject, object, research methodology, problems that arise during its conduct in the specialties “Linguistic study of written speech” and “Linguistic study of oral speech”.

2. The combination of linguistic sub-types of expertise into a single type of examination – linguistic.

3. The development of criteria for assessing the results of the study of voice and speech by physical and linguistic methods is due to the lack of clear procedural requirements regarding the compulsion to conduct a study of video recording of speech and physical and linguistic methods, criteria for choosing the method of research and, accordingly, non-coincident results in conducting the study by both methods.

4. Cooperation with academic and educational institutions for the purpose of exchanging scientific information.

5. Constructive cooperation with colleagues from other departmental institutions in order to exchange experience, unify research methods, terminology, etc.

6. Creation of highly specialized terminological dictionaries of different profiles.

7. Training of new specialists.

8. Cooperation with the relevant ENFSI unit.

I. Kohutych

Summary

The article continues the research of manifestations of one of the so far non – traditional handwriting forensic studies – graphology. In general, a number of aspects of the so-called ideological nature are analyzed that relate to the perspective of graphology as a branch of forensic knowledge, primarily in the sense of isolating an independent field of expert research– graphological expertise.

Despite the fact that the forensic handwriting research is one of the oldest forensic research, today, criminologists, practitioners still have questions about the possibility of forensic examination and other relative documents. In the last decade of the XX century, as a result of the maximum dynamic modification of crime as a social phenomenon, the objective interest in the use, in essence, of “non-traditional” methods of studying criminologically meaningful information, has increased significantly.

Thus, there is a significant need to implement one of these methods in the practice of law enforcement agencies, namely the method of graphological analysis, that is, graphology. To allow graphological research to take the proper place in the tools of the personnel of internal law enforcement agencies, it is necessary to fulfill, at least, the following conditions: the construction of scientifically based and psychologically acceptable methods of analysis and classification of graphological features; development of a reliable set of psychological descriptions of individual characteristics of subjects with access to a practical “typology of persons”; the creation of a special technique for correlating a complex of graphic features with a complex of psychological characteristics of a person, and, finally, to generalize it all in the form of a traditional doctrine for forensic science, etc.

In general, it is reasonable to assert that the graphological method in its content and epistemological orientation is at the junction between psychology and criminology. According to most scholars, this method is a structural element of the writing and lexical-stylistic forensic research methods. On the basis of historical analysis of the achievements of graphology in the legal process and quite successful modern domestic and, above all, world practice, it is justified to consider it as a promising and future independent branch of forensic knowledge that studies the character of a person by her handwriting.

Forensic studies, despite a large number of diverse in time and multilevel publications concerning the scientific validity and tactical and forensic necessity of their use in criminal proceedings, are still far from their actual practical application.

In fact, graphology (not a part of the handwriting expertise) as a kind of technical and forensic research may take its niche in the means of labor law enforcement officers, provided that in addition to the above, its procedural status and the regulated tactics of engaging an expert and conducting relevant forensic research. To fulfill these conditions, it is necessary to identify the main elements that represent graphology as a scientific discipline, the use of which is possible in the criminal proceedings. In other words, one should refer to such so-called methodological concepts as subject, object, task, methods, subjects of expert-graphological research, etc.