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DOI: https://doi.org/10.33994/kndise.2023.68.05

I. Sivchuk

At the current stage of development and construction of a legal state, as well as with a change in the paradigm of state administration, forensic examination occupies an important place in the judiciary. However, today there are some gaps and shortcomings inherent in the regulatory legal regulation of forensic expert activity, the presence of which does not contribute to fully guaranteeing the independence of forensic experts and their full performance of their activities. Therefore, the question arises regarding the detailed consideration of the content of the legal framework that regulates the forensic expert activity and ensures the functioning of the human rights system of the government in the state.
The article also highlights problematic issues related to regulatory and legal regulation and the conduct of forensic examinations in Ukraine. A review of the scientific opinions and statements of leading scientists and scientists regarding this situation was carried out. Current articles of the criminal procedural legislation concerning the Institute of Forensic Expertise have been analyzed. Changes in regulatory documents regulating forensic expert activity in Ukraine were studied (special attention was paid to changes in the Criminal Procedure Code of Ukraine).
It has been established which directions are included in the normative and legal regulation of the institute of forensic examination in the state.
The role of forensic expertise in the judiciary is emphasized and the opinions of scientists regarding the improvement of the apparatus of legal regulation of forensic expertise in Ukraine are analyzed.

Key words:

legal regulation, expert, forensic examination, the principle of legality, the principle of objectivity, the principle of completeness of research, proof.

DOI: https://doi.org/10.33994/kndise.2023.68.04

Y. Tsizhma, O. Lyshak, O. Tsizhma

The article is devoted to the study of theoretical and methodological aspects of forensic examination, taking into account the processes of digitalization of society.
The main problems and features of conducting forensic examinations using elements of digital technologies are identified, and the expediency of using certain methods in different situations is indicated. The legal norms and limits of forensic examinations are outlined. Scientific provisions and possibilities of combining expert and scientific methods are analyzed.
The relevance of the study is determined by the introduction of the latest trends in forensic examinations in modern conditions and the formation of a new direction of digitization of forensic examinations. An important trend of modern forensic examination is its technologization, development and implementation of information, digital, telecommunication and other technologies. A comprehensive analysis of forensic expert activity made it possible to formulate a number of proposals regarding ways and means of improvement in today’s dynamic society.
Modern man is increasingly integrated into the field of digital technologies and delegates to them an ever-increasing number of those functional actions, which very recently were considered an indispensable advantage of the man himself as an intelligent and free being. Modern trends led to the expansion of the use of computer technologies in the process of conducting economic examinations. At present, these examinations are a set of actions carried out by trained experts who have accounting and legal knowledge and are also able to professionally use computer equipment, and modern software for research and analysis of information on the case under investigation.
The use of computer technologies makes it possible to improve the process of expert research, to reduce experts’ time spent on analysis, logic, calculations, arithmetic methods and other procedures, to create the necessary prerequisites for improving the quality and speed of expert research, to increase the effectiveness of the results of expert examinations, which are the main measures of improving the qualifications of practising experts there is a systematic passing of internships and conducting scientific research work by the specialists themselves. An important factor is also the exchange of experience with foreign experts through participation in scientific events abroad. Systematic internships and conducting scientific research work by the specialists themselves should be the main measures to improve the qualifications of practising experts.

Key words: expertise, forensic examination, digitalization, digitalization, methodology, special knowledge, qualification, virtualization.

DOI: https://doi.org/10.33994/kndise.2023.68.03

M. Bortun

The article is assigned to the procedural significance of the expert’s activity, under the hour of the examination in criminal proceedings for the most reasonable lines. The peculiarities of the status of an expert in criminal prosecution, and its role in the activities of parties in criminal prosecution are the main tasks of criminal prosecution. The relevance of the study is determined by the fact that, in accordance with part 1 of article 6 of the European Convention on Human Rights, everyone has the right to a fair and public hearing of his case within a reasonable time by an independent and impartial court established by law, which will resolve the dispute regarding his rights and obligations of a civil nature or establish the merits of any criminal charge brought against him. The general requirements of justice contained in Article 6 apply to all criminal proceedings regardless of the type of offence being considered.
Injecting the effectiveness of the activities of the expert visas on the development of reasonable lines in the criminal investigation. The search for innovative sources to improve the quality of this work, and the use of the achievements of science and technology, should go hand in hand with the introduction of new methods of conducting expert research within the framework of criminal proceedings, which would affect the provision of procedural terms, the effectiveness of investigative (search) actions and would exclude delays and abuse by right.

Key words: expert, expert opinion, intelligent lines, parties to criminal proceedings, efficiency of pre-trial investigation.

DOI: https://doi.org/10.33994/kndise.2023.68.02

O. Baulin

The article considers the origins of international contacts of national forensic institutions and classifies and characterizes the historical stages of the development of international cooperation in the field of forensic science, revealing the legal basis of the international cooperation of Ukraine in the field of forensic science. The author expresses his own position on the problematic issues that have arisen in modern forensic practice in connection with the legal regulation of international cooperation.
Normative and legal principles of international cooperation in the field of forensic examination began to take shape in 1945 and today this process continues.
The peculiarity of the legal regulation of international cooperation of Ukraine in the field of forensic examination is that it is carried out through the provisions enshrined in the legislative acts of Ukraine (the Constitution of Ukraine, procedural codes and other laws of Ukraine) and international treaties and other documents recognized by Ukraine, of particular importance among which are the Convention for the Protection of Human Rights and Fundamental Freedoms and decisions of the European Court of Human Rights.
The legal regulation of international cooperation of Ukraine in the field of forensic expertise is aimed at ensuring both the interests of justice and the interests of the state at the international level.
Provided for in Art. 23 of the Law of Ukraine «On Forensic Expertise», the right of the head of the state specialized institution conducting forensic examinations, in certain cases, to include leading experts from other states in expert commissions, simultaneously ensures the interests of Ukraine both in the administration of fair justice and at the international level.
Providing forensic experts who are not employees of state-specialized institutions with the opportunity to involve foreigners in the examination without appropriate control of the Ministry of Justice of Ukraine or the Ministry of Foreign Affairs of Ukraine, especially in the context of martial law in Ukraine, may be harmful to the national security of Ukraine and adversely affect the interests of justice and the authority of Ukraine at the international level.

Key words: pre-trial investigation, investigative (search) action, exhumation of
a corpse, inspection of a corpse, body identification, forensic examination.

DOI: https://doi.org/10.33994/kndise.2023.68.01

O. Kyrychenko, Yu. Lantsedova, I. Bondarenko

It is emphasized, that by known reliable news it is appropriate to understand those, that fully correspond to the actual circumstances of the action (actions or inactions of an individual or a small group of people), events (actions or inactions of very large groups of people, when it is impossible to establish the role in achieving the overall result of each of participants, for example, in the course of the war, etc.) or phenomenon (action or inaction of the forces of nature, including predatory animals, that are in conditions not regulated by humans) in general or a certain part of it, and peculiarities of perception, memorization, their storage, reproduction and other transmissions by a certain person, including life experience or relevant special or professional competence contribute to the transmission or other disclosure of practically adequate news. Attention is focused on the fact, that according to the basic orientation of the result of their public disclosure, each of the named types of news can be divided into those, that condition their perception by the majority of addressees as positive, negative and positive-negative, and negative information – also as neutral, socially harmful and socially dangerous news, when the last two types of news, depending on the level of public danger as a result of their public disclosure, may create conditions for the recipients to commit relevant criminal and other offences. On the basis of the above, it is proposed to improve the constitutional foundations of the legitimate implementation of any type of juridical, journalistic and other mass media proving or public discussion in terms of the freedom of not just any, but only knowingly reliable speech, as well as specified circumstances under which publication may be limited and knowingly reliable news.

Key words: the knowingly reliable news; unknowingly reliable news; the knowingly unreliable news; a piece of unknowingly unreliable news; the procedure of juridical, journalistic and other mass media proving or public discussion.