EATURES IN THE STUDY OF HANDWRITTEN NOTES AND SIGNATURES MADE WITH PRELIMINARY TECHNICAL PREPARATION USING MODERN TECHNICAL MEANS WITH COMPUTER SUPPORT

DOI: https://doi.org/10.33994/kndise.2023.68.35

E. Kryzhanovska, Yu. Havrylchenko, Yu. Solomakha, O. Kozheltseva

The article deals with the features of the study of handwritten notes and signatures made with preliminary technical preparation using modern technical means with computer support. The authors analyzed the establishment of the fact of the technical method of reproducing handwritten notes and signatures with the help of a plotter (graph plotter), which is made by a writing device, but is not handwritten. Based on expert practice, the authors concluded that in order to equip experts with methodological recommendations for establishing the fact of «a technique for reproducing handwritten notes and signatures» using modern technical means with computer support, it is necessary to conduct deeper studies that require significant financial costs, primarily associated with the acquisition of modern plotters (plotters), as well as in the development of new approaches for assessing diagnostic and identification features.

Key words: handwritten notes, signatures, preliminary technical preparation,
technical equipment, plotter, writing device.

PECULIARITIES OF FORENSIC HANDWRITING EXAMINATION OF SIGNATURES MADE BY PERSONS OF ALL AGES UNDER THE INFLUENCE OF CONFOUNDING FACTORS

DOI: https://doi.org/10.33994/kndise.2023.68.34

Т. Nikolaichuk, A. Bila, A. Zabuha, D. Us, V. Zdor

The article is devoted to the features of forensic handwriting examination of signatures made by persons of different ages under the influence of confounding factors. The classification of confounding factors and their influence on signs of handwriting and signatures of a person is considered. The peculiarities of signatures and samples of different age groups were studied, namely: transcription of the signature, degree of coordination, complexity and coherence of movements, the pace of writing, size, inclination, arrangement and acceleration of elements, degree and character of pressure and direction of the baseline of the signature. It is shown that three classes of tasks are distinguished in the forensic handwriting examination: identification (establishing the identity of the executor of the object of handwriting), diagnostic (resolving questions about the conditions of execution of the handwritten text, record or signature), classification (related to the assignment of the executor of the handwriting to certain groups, in particular by gender and age). A comparative analysis of the results of signature studies by different age groups was carried out. It is noted that the stability of signs of handwriting and signatures is relative. A person’s handwriting can undergo changes depending on various reasons, including those caused by the ageing of the body. In addition, the persistence of characteristic features is also influenced by diseases that are characteristic of the elderly and senile.

Key words: forensic handwriting expertise, expert research, signature, handwriting, elderly and senile persons, confounding factors.

FEATURES OF SIGNATURES FORMATION IN THE CONDITIONS OF MODERN DEVELOPMENT OF INNOVATIVE TECHNOLOGIES OF DOCUMENT CIRCULATION

DOI: https://doi.org/10.33994/kndise.2023.68.33

Т. Nikolaichuk

The article deals with the features of establishing the possibilities of researching signatures in the conditions of the modern development of general educational standards of writing and the changeability of writing skills in combination with the rapid development of electronic signatures. The regularities of handwriting and signature formation in the conditions of the modern development of innovative technologies are considered. It has been established that the use of an online signature (electronic digital signature) in everyday life creates a serious problem for handwriting experts. This is due to the fact that electronic digital signatures, as well as signatures made on electronic media, are not objects for handwriting studies. The traditional method of authentication and identification cannot be completely eliminated, due to the high risks of cyber-attacks.

Key words: signature, personal signature, electronic digital signature, forensic handwriting examination, forgery of documents, forensic expert.

DEVELOPMENT AND CURRENT STATE OF THE STUDY PROBLEMS OF SIGNATURES AND SHORT HANDWRITTEN NOTES MADE USING TECHNICAL METHODS AND MEANS

DOI: https://doi.org/10.33994/kndise.2023.68.32

I. Krasiuk, V. Lysenko

A retrospective analysis of the state of the study of the problems of studying signatures and short handwritten notes showed that the question of the possibility of a forensic study of such handwriting objects, performed using technical techniques and means, does not lose relevance today and requires the development and application of appropriate techniques and methods.
The main directions and provisions that contribute to the improvement of the study of signatures and short handwritten notes are determined. In particular, it was concluded that while maintaining the traditional scientific, theoretical and methodological base, characteristic for the study of all handwriting records, the following is relevant when conducting an examination of small handwriting objects: organization of obtaining additional orienting information on the use of technologies when forging signatures and short handwritten notes; systematization of factors affecting the quality of manifestation of individual signs of writing; development of new recommendations on the methods of such research.
It is noted that this type of expert research, taking into account its relevance, requires an integrated approach and a thorough analysis of the theoretical foundations related to the definition of the relevant object, goals and objectives, as well as the development of new recommendations on methods for studying small-volume handwriting, performed using technical methods and means. Each such examination, appointed as handwriting, requires the expert to have knowledge not only in the field of forensic handwriting but also in the field of technical and forensic examination of documents since only an integrated approach to solving the issues raised can ensure the completeness of expert studies and the successful solution of expert tasks.

Key words: signature, small handwriting objects, short handwriting, handwriting study, technical methods and means.

DETERMINATION OF THE FACT OF TECHNICAL FORGERY OF A SIGNATURE IN THE ERA OF DIGITAL TECHNOLOGIES: PROBLEMS AND PERSPECTIVES

DOI: https://doi.org/10.33994/kndise.2023.68.31

M. Budzievskiy

The task of establishing the authenticity of document details, primarily signatures and handwritten notes by their executor, becomes relevant in connection with the development of copying and reproduction equipment and printing devices associated with software and computer tools that allow editing original images or copying and change the content of records made on behalf of other persons and pass them off as genuine.
Traditional methods of forging a technical signature are becoming increasingly obsolete, and there is a growing need for the development of new methods and technologies for protection against forgery.
One such technology is the reproduction of signatures using reproductions, which are produced using a plotter that uses a ballpoint pen as a printing device.
This technology makes it possible to reproduce signatures with high accuracy and quality and to convey small signs of any handwritten object, which, in turn, makes it extremely difficult for an expert to establish the fact and method of its technical imitation. In connection with the use of modern techniques for reproducing handwritten objects, publications on this topic began to appear in the scientific literature, but these works are clearly not enough.
This fact arouses interest in a deeper study of the problems of using new technologies for the forgery of documents, including from experts who conduct forensic examinations in this field and need scientific development of methods of performing handwriting objects using new technical means.
The result of the presented review was practical recommendations that allow us to discover a new technique of reproduction of signatures, namely, the technology of reproduction of a signature with the help of reproduction, which is carried out with the help of a plotter. The developed recommendations can be used by forensic experts in the field of technical forensic examination of documents and will prevent possible expert errors.

Key words: signature, technical and forensic investigation of documents, signs of technical signature forgery, plotter, forensic examination, methodical recommendations.

PROBLEMATIC ASPECTS OF LINGUISTIC RESEARCH IN CRIMINAL PROCEEDINGS REGARDING THE GLORIFICATION OF PARTICIPANTS IN THE ARMED AGGRESSION OF THE RUSSIAN FEDERATION AGAINST UKRAINE

DOI: https://doi.org/10.33994/kndise.2023.68.30

Yu. Brailko, N. Kysla

Today, a significant number of resolutions on the appointment of a forensic examination are received in criminal proceedings on the grounds of the commission of criminal offenses provided for in Art. 436-2 of the Criminal Code of Ukraine, including the glorification of persons who carried out the armed aggression of the russian federation against Ukraine, representatives of the armed forces of the russian federation, irregular and illegal armed forces, armed gangs and groups of mercenaries, representatives of the occupation administration of the russian federation and self-proclaimed bodies under the control of the russian federation, who usurped the performance of power functions in the temporarily occupied territories of Ukraine. Since the above-mentioned article was added to the Criminal Code of Ukraine on 03.03.2022, this problem is new for forensic examination; and actions related to glorification have been criminalized for the first time in the domestic legal system.
The purpose of the research is to highlight the current problems of the linguistic research of the phenomenon of glorification within the framework of the pre-trial investigation of criminal offenses provided for by Art. 436-2 of the Criminal Code of Ukraine.
Forensic linguistic expertise only develops approaches to the study of glorification, the definition of linguistic features of this phenomenon.
The article analyzes the judicial practice from April to September 2022, the verdicts under Art. 436-2 of the Criminal Code of Ukraine contained in the Unified state register of court decisions, to investigate the initial stage of the peculiarities of specific linguistic knowledge usage in the framework of criminal proceedings related to glorification.
The leading parameter for determining the presence of glorification is the heroization of actions carried out in the following linguistic ways:
– explication of lexemes with appropriate semantics; – a generalized description of exploits;
– a detailed description of the feat/feats;
– actualization of the meaning of «defender» / «defenders»;
– representation of the «winner» content plan;
– actualization of the meaning «fighter/fighters against Nazism / neo-Nazism /
fascism».
The second parameter for identifying the linguistic fact of glorification is the expression of an approving attitude, not accompanied by the semantics of heroism:
– description of leadership qualities;
– actualization of moral qualities;
– verbalization of respectful attitude and/or gratitude;
– sacralization;
– use of constructions of the desired modality;
– explication of lexemes with distinct positive and evaluative connotations.
Problems solved ambiguously by experts and specialists:
– identification of linguistic phenomena of support and glorification;
– linguistic identification of glorified objects.
Forensic linguistic examination faces the essential task of summarizing and systematizing scientific knowledge and practical experience to create a unified methodology for the study of glorification as a verbal fact.

Key words: glorification, forensic linguistic (semantic-textual) examination, linguistic fact, expert’s opinion, specialist’s opinion, verdict.

PROBATION: ORIGIN AND FORMATION

DOI: https://doi.org/10.33994/kndise.2023.68.29

O. Sanzhara

The elements of probation that were in Roman criminal law in 450 BC are analyzed. from the moment of the conclusion of the legal act «Laws of the XII Tables», «Justice of the Rus», in which the norms of Rus customary law, the Lithuanian statutes of the period of the XV-XVI centuries, as well as the norms of criminal law set forth in the book of the first volume XV of the «Code of Laws» were codified Russian Empire.
The first cases of probation in the USA and Great Britain are being studied, in particular, the first manifestations of probation applied by D. Augustus in the USA, as well as the Law «On Probation for Minors» was adopted in 1901 within the US state, the Federal Law «On Probation» was adopted in the USA in 1925 the Probation of Offenders Act was introduced into the law of England and Wales in 1907. Further steps in the development of probation and its transformation into a fullfledged punishment (its replacement) are consistently analyzed, which can be used in certain cases as an alternative to imprisonment.
An opinion is given on the need to divide the history of the development of probation into stages that led to the emergence of the institution and the term probation in the countries of the Anglo-Saxon system of law, as well as the subsequent stages in the formation of the modern model of probation in the world.
In the article, the author proposes its own periodization of the stages of development of this institution, in which the first three stages refer to the period of development of the elements of criminal influence characteristic of the application of probation, and the next three characterize the process of the emergence of the concept and the consistent development of the institution of probation. Such stages are proposed to be considered in the following sequence:

  1. Starting from prehistoric times and ending with the period of antiquity.
  2. The period of the Middle Ages, beginning with the publication of «Justice of the Rus» and ending with the period of application of the Lithuanian charters, which lasted until the first half of the 17th century.
  3. The times when Ukraine belonged to Russia as an autonomy (the second half of the 17th – the 18th century).
  4. Emergence and implementation in the USA and Great Britain at the end of the 17th century. early 19th century concept of probation.
  5. The middle of the XIX-XX, characterized by the development of the institution of probation, the formation of an opinion on the possibility of its application instead of the main type of punishment.
  6. Modern period of independence and development of criminal law, in particular the institution of probation.

Key words: probation, punishment, means of criminal legal influence, criminal legal measures, resocialization, probation, fine.

CRITERIA FOR EVALUATING THE TESTIMONY OF PARTICIPANTS IN CRIMINAL PROCEEDINGS AT THE TRIAL STAGE

DOI: https://doi.org/10.33994/kndise.2023.68.28

O. Ruzhyi

The publication is devoted to the scientific analysis of the criteria for evaluating the testimony of the participants in criminal proceedings at the trial stage. It has been established that the court is the only subject of evaluation of testimony of participants in criminal proceedings as an element of the proof process in the court of first instance. It was concluded that the evaluation of the evidence, in particular those contained in the testimony, from the point of view of propriety, admissibility, and reliability is carried out in relation to each investigated evidence and as a result creates a holistic perception of the circumstances of the criminal offense based on the entire volume of collected evidence.

Key words: trial, testimony, evaluation of evidence, propriety, credibility, admissibility, sufficiency.

PROCEDURAL AND FORENSIC FEATURES OF THE CONDUCT OF INDIVIDUAL INVESTIGATIVE (DETECTIVE) ACTIONS IN THE INVESTIGATION OF CRIMINAL OFFENCES UNDER ART. 263 1 OF THE CRIMINAL CODE OF UKRAINE

DOI: https://doi.org/10.33994/kndise.2023.68.27

S. Peretiatko

Based on the analysis of scientific points of view and practice of investigating the illegal manufacture, processing or repair of firearms or falsification, the illegal removal or change of its marking, or the illegal manufacture of ammunition, explosives or explosive devices, the procedural and forensic features of the search (house, localities, persons), presentation for identification, investigative experiment, recognition. The significance of individual investigative (search) actions of forensic examinations for criminal procedural proof has been clarified, typical errors in their conduct have been identified, and ways to avoid and solve them have been proposed.

Key words: pre-trial investigation, firearms, search, investigative experiment, presentation for identification, confession.

THE PRACTICAL SIGNIFICANCE OF THE FORENSIC CHARACTERISTICS OF CRIMINAL OFFENCES UNDER SECTION XVI OF THE CRIMINAL CODE OF UKRAINE

DOI: https://doi.org/10.33994/kndise.2023.68.26

Ya. Nedilko

The article is devoted to the study of the practical significance of the criminalistic characteristics of criminal offences provided for in Section XVI of the Criminal Code of Ukraine. The analysis of the given statistical data gives grounds to assert the low efficiency of the investigation and disclosure of criminal offences provided for in Section XVI of the Criminal Code of Ukraine.
The correlations between the elements of the criminalistic characteristics of criminal offences provided for in Article 361-1 of the Criminal Code of Ukraine are analyzed.
It is proposed to create an appropriate system (database) in which persons investigating criminal offences provided for in Section XVI of the Criminal Code of Ukraine will enter data based on the elemental composition of the criminalistic characteristics of these criminal offences (the identity of the offender, the situation of the commission, the method of commission, traces, etc.).
Considering also the rapid development of artificial intelligence, the proposed system can be configured as follows: 1) enter the relevant data on the method of commission, the situation, the traces, the person who committed the criminal offence, and so on, and the artificial intelligence itself will structure them in accordance with the elements of the forensic characteristics; 2) artificial intelligence independently, based on the analysis of materials and information (data) entered into the information and telecommunication system of pre-trial investigation, will search and distribute the necessary data concerning elements of the criminalistic characteristics of criminal offences.
It is stated that the criminalistic characteristics of criminal offences provided for by Section XVI of the Criminal Code of Ukraine had practical significance, that is, it was useful in the investigation of these criminal offences, it is necessary to use modern capabilities of information computer technologies and artificial intelligence capabilities (for example, ChatGPT).

Key words: investigation methodology, forensic characteristics, correlation, investigation, information computer technologies, artificial intelligence, cybercrime.