V. Chysnikov
Summary
The article explores the life path and scientific and practical activities of the famous scientist and criminalist, one of the organizers of the domestic forensic science, an outstanding expert in the field of researching documents and securities of the doctor of photography and photographic engineering professor V. L. Rusetskyi (1880–1925)
E. Svoboda; P. Antoniuk
Summary
The article analyzes the current state of scientific elaboration of theoretical and practical issues of judicial handwriting and judicial handwriting expertise. At the same time, attention is focused on the continuous development of judicial handwriting as an industry of criminalistic technology.
It is noted that modern judicial handwriting is characterized by the implementation of a sufficiently large number of diverse approaches that have taken shape in scientific developments aimed at developing theory and improving the practice of forensic handwriting.
The questions of a methodical and organizational nature are listed in the appointment and conduct of a judicial handwriting examination, which are reflected in the research of forensic scientists. The contribution of modern Ukrainian scientists to the development of the general theory of judicial handwriting and the general methodology for carrying out a forensic handwriting examination are considered. On the basis of the analysis, prospective directions for the further scientific development of judicial handwriting are proposed.
The content of scientific developments of Ukrainian scientists in the field of judicial handwriting during 1991 — 2017 is considered in detail.
Based on the results of the analysis of the development of scientific knowledge in the field of handwriting research, it was concluded that the main efforts of scientists were aimed at: researching general issues of handwriting; the definition of handwriting, signs of writing, handwriting, written speech; method of expert study of handwriting and signature; questions of appointment of examination, expertʼs opinion, its evaluation and use; use of handwriting expertise in other areas; history of handwriting; the history of specialized expert institutions and their human resources; foreign experience in the field of judicial handwriting.
The main perspective directions of further scientific work in the field of judicial handwriting and judicial handwriting expertise are proposed: expert errors and ways to overcome them; improvement of existing and development of new methods of handwriting and signature research; creation of expert systems based on methods of expert assessments, for solving diagnostic and integration problems for hand-written objects executed in unusual conditions; systematization of diagnostic signs of handwriting; the development of methods based on the integrated use of specialized knowledge of judicial handwriting and related expert industries.
А. Ishchenko; D. Liashenko
Summary
Based on the analysis of 19 doctoral and 271 masterʼs theses on specialty 12.00.09 — criminal procedure and criminalistics; forensic examination; operative and search activity, which were protected by employees, Ph.D. candidates and applicants of the National Academy of the Internal Affairs, outlined the most important areas of scientific research in this direction and identified forensic science schools.
It is emphasized that the founders of scientific forensic schools were mainly the Department of Criminalistics heads.
The founder of the formation of criminalistic schools in the field of criminology was Doctor of Law, Professor, Honored Worker of Science and Technology of Ukraine, Honoured Worker of Education of Ukraine, Colonel of Internal Service Mykhailo Vasylovych Saltevskyi (1917–2009), who headed the department in 1971–1979. He is the founder of forensic acoustics, criminalistics odorology and videophonoscopy.
A significant contribution to the development of scientific schools in the field of criminology was made by Doctor of Law, Professor, Colonel of Police Volodymyr Petrovych Bakhin (1932–2016), who headed the department in 1979–1985. He was a scientific adviser to eleven doctors of science and more than twenty candidates of science.
The multi-vector problems of the criminal process, criminalistics, forensic examination and operative and search activity were investigated in the framework of the scientific school formed by Doctor of Law, Professor, Colonel of Police Yevhenii Lukianchykov, who headed the department in 1985–1993 and trained two doctors and twenty candidates of science.
In the years 1993–1996, the department was headed by the candidate of legal sciences, assistant professor Petro Dmytrovych Bilenchuk, who directed the efforts of his students to the problems of methods of investigating crimes and issues of criminalistics. In the years 1996–2004, the department was headed by Doctor of Law, Professor Volodymyr Serhiiovych Kuzmichov (1957–2012), who later became a well-deserved lawyer of Ukraine, laureate of the State Prize of Ukraine in the field of science and technology. Under his scientific advice and guidance, two doctors of science and twenty candidates of science were protected.
Professor Viktor Kazymirovych Veselskyi (1961–2016), the head of the department was the candidate of legal sciences from 2004 to 2015. He trained more than thirty candidates of science who specialized in the methods of investigating crimes.
Doctor of Law, Professor, Honored Lawyer of Ukraine Andrii Volodymyrovych Ischenko works for a long time at the department, who provided training for four doctors of science and more than thirty candidates of science.
A peculiar scientific school was created by Serhii Serhiiovych Cherniavskyi, Doctor of Law, Professor, Honored Worker of Science and Technology of Ukraine, who trained two doctors of science and more than ten candidates of sciences.
The process of forming and development of criminalistics scientific schools is still continuing in the National Academy of Internal Affairs. Doctors of Law Yu. Chornous and Ye. Taran are actively working in this direction as well as the candidates of law sciences, associates professors I.A. Iierusalymov and V.V.Piaskovskyi.
A. Kozlov
Summary
The expert analyzes modern methodologies of research of missile and artillery armament when conducting forensic military examination. It is described the structure of methodology, identifies the fact, the object and the subjects, main tasks of forensic military expertise, algorithm of actions of forensic expert when conducting research of missile and artillery armament.
The developed methodology covers research of causal connection between the breach of law by officials of Ukrainian armed forces, law enforcement authorities of security sector and defense and losses, damage and effects of missile and artillery armament use when it caused severe consequences like death of people, loss of weapons. It examines condition of missile and artillery armament (main customer is Central Missile and Artillery Armament Department of Armed Forces of Ukraine).
According to the results of research it will be offered to include it in the Register of forensic examination methodologies, in the List of reference, scientific and technical literature (specialty 16.1 “Military researches”).
I. Khodchenko
Summary
The article deals with the theoretical aspects of the forensic art examination of artʼs works, which consist in determining its classification characteristics and the criteria of authenticity, as well as the need to create a systematic approach to the solution of expert tasks in conducting forensic studies.
N. Arefina
Summary
The article deals with theoretical and methodological problems of ensuring the right of the child to express his own opinion on the issues of determining his place of residence and views on communication with each of his parents after the divorce. The analysis of expert experience in the use of special psychological knowledge in cases on controversial questions about the upbringing and identification of a childʼs place of residence has revealed psychological factors that influence the formation of a childʼs distorted perception of family relationships that have arisen under the influence of the parentʼs incorrect educational position. It is pointed out the psycho traumatic effect of the childʼs stay in the situation of protracted conflict between the former spouses, the main risks of conflict relationships for the proper development of the child are considered. As the consequences of the negative impact on the psychological state and development of the child are indicated: the experience of negative emotions, which leads to mental stress, a violation of the social development situation necessary for the formation of agerelated psychological neoplasms, constructive behavior patterns to ensure an appropriate level of socio-psychological adaptation to life conditions. The need to consolidate at the legislative level the mandatory use of special psychological knowledge in assessing the views of the child on the issues of his place of residence and communication with each of the parents after the dissolution of marriage in the form of psychological expertise. The urgency of the implementation by the social services of the qualified support of families after the dissolution of marriage, which are not able to independently resolve conflict relations, is highlighted, to reduce the negative consequences of the violation of family relations and create optimal conditions for the adaptation of all members of the former family to the new conditions.
M. Zhuravleva
Summary
The article considers the modern practice of calculating the amount of compensation for moral harm based on the V.Paliyukʼs approach. The possibility of using this approach as a calculation procedure of moral damage is justifyied. The main criteria for the analysis of the moral suffering of a person are given in accordance with V.Paliyukʼs approach. A further development direction of the studying methodology of moral suffering of a person is planned.
Yu. Irkhin
Summary
The article deals with the main results of scientific research in the field of forensic psychological examinations related to the expert definition of the psychological components of fraudulent actions in cases of invalidation of agreements.
According to the results of the conducted studies, the author outlines a range of methodological and practical problems related to expert identification of psychologically significant markers of fraudulent actions in the context of psychological research of the identity of victims of fraud.
As the object of such acts are persons who are in special and specific true life circumstances. As the agent of fraudulent acts the author sees an active psychological influence on the personality of the object with the use of various psychological technologies.
As the main markers of fraudulent actions against persons in special and specific true life circumstances, the author describes a deliberate introduction to deception, the conscious establishment of trust and the abuse of trust.
It is defined the stages and main stages of establishing trust relationships and critical phases are identified in which confidence as a phenomenon of interpersonal communication turns into a conscious fraudulent activity using the methods of psychological influence.
The author pays special attention to the disclosure of the principle of dyadness in the course of expert psychological studies in establishing and developing confidential relations as an important psychologically significant diagnostic factor that very likely can be indicative of the presence of fraud markers.
As a separate segment of the general structure of forensic psychological research, the author emphasizes the leading role of psychological technologies in the formation of interpersonal trust relations in the adoption of agreements between individuals. In particular, the natural individual psychological features of the personality of the object of psychological influence and the specificity of the current situation play a leading role in which the mutual acceptance of agreements takes place. It is in the context of natural and individual psychological features of man as a social being, the author presents the main channels of psychological influence on the personality that are inherent in all people without exception. To these, in particular, according to the author, relates: psychological tension, psychological stress, and psychological trauma.
Taking into account the deliberate (absolutely conscious) connotation of fraud as a criminal act, the presence of these markers in conjunction with the fact of establishing trust relationships with a maximum degree of probability may indicate the presence of signs of fraud in the acts of persons who are the initiators of interpersonal communicative contact.
The results of scientific research in the field of forensic psychological examinations, related to the expert definition of the psychological components of fraudulent actions in cases on the recognition of agreements as invalid, will be used as a basis for the corresponding method of forensic examinations.
N. Kisil
Summary
In connection with the change of judicial norms that regulate forensic expert activity, and also introduction in an action in Ukraine of the Supreme Court of Intellectual Property, the special actuality is acquired by finding out of role of judicial expertise in the proof process of finishing telling of the circumstances related to infringement of intellectual property rights or recognition of such rights.
Involving professionals with special knowledge to establish certain facts is widely used in many countries, including those in countries where specialized courts operate. For this purpose, persons with special knowledge are involved, in particular, forensic experts, patent attorneys, well-known scientists in a certain field of knowledge and other specialists. Only in Ukraine currently the study of objects of intellectual property rights is carried out within the framework of a separate direction of forensic examination.
In connection with creation of the specialized court and special preparation of judges, the separate categories of legal cases on intellectual property probably will decide without setting of judicial examination. This will provide an opportunity to ensure the principle of reasonableness of the timing of cases, which is determined by the new edition of the Commercial Procedural Code of Ukraine, and to some extent, will reduce the court costs of the parties. Establishment of certain facts will in future require bringing in of corresponding specialists.
After creation in Ukraine of the Supreme Court of Intellectual Property and introduction to the action in Commercial Procedural code of norm about possibility to the case participants independently to give the conclusion of expert in a court, a role and value of expert researches in proving of infringement of intellectual property rights will grow substantially. Thus, it will raise requirement to quality of the given conclusions, their plenitude, scientific validity and objectivity. In future at a choice by a court or participants of matter of expert or expert institution the special attention will be spared to qualification of expert, his practical experience in the decision of certain expert tasks, and also folded reputation.
A. Yukhymenko; V. Bondar
Summary
The article, based on the analysis of expert practice, sets out the criteria for using which it is possible to choose the basic algorithm for calculating the cost of a damaged vehicle, the use of which will ensure the obtaining of the most reliable result corresponding to the real situation on the market of such means of transport. There is the necessity of creation of the structured order of definition of the settlement algorithm by means of which the cost of a damaged vehicle can be determined.
Advantages and methods of calculating such criteria are considered in this article on the basis of a real calculation of the market value of a damaged vehicle carried out during the performance of the forensic vehicle and commodity expertise.
In the course of the presentation of the material, the authors, based on the example of calculation, describe the situation when, at first glance, a methodically sound and logically presented calculation using an algorithm of the type “A” gives a result that does not correspond to the real trends of the market for such property and actually does not withstand constructive criticism, taking into account the results obtained when using a computational algorithm of type “B”.
The authors consider the most obvious ways of determining the threshold of materiality, upon which the calculation is carried out according to certain algorithms. So the acceptance as a reference value for the start of a calculation for the B-type algorithm of the cost of scrap metal, which can be extracted from the design of the evaluated vehicle, cannot be taken into account because of the low threshold value.
The variant of use as a defining point — 4 % of the cost of a new vehicle cannot also be considered appropriate, since for most vehicles it is a relatively small number.
At the same time, the article provides a theoretical justification, taking into account the requirements for the assessment as a whole and the definition of non-market value types for the use of the “B” type algorithm, which ensures a more reliable result. As a result of the calculations carried out, the authors determined the necessity of carrying out calculations using both a computational algorithm of type “A” and type “B” in such cases, since only in this way it is possible to obtain the most reliable result.
