Міжвідомчий Науково-методичний збірник
"Криміналістика і судова експертиза"
ISSN: 0130-2655
PDF Kukhareva67 Завантажень: 20, розмiр: 296.6 KB

DOI: https://doi.org/10.33994/kndise.2022.67.10

S. Kukhareva, D. Kalnoi, A. Kaminskyi

The article deals with the latest changes in the Criminal Procedure Code of Ukraine regarding the powers of a specialist as a participant in criminal proceedings.

The issue of involving a specialist in criminal proceedings when copying information and taking readings of technical devices and technical means that have the functions of a photo, filming, video recording or means photo, filming, video recording has been studied.

According to the Criminal Procedure Code of Ukraine, a specialist is one of the other participants in criminal proceedings and assists the parties, the victim, the court in the implementation of the tasks of criminal proceedings through the use of his special knowledge and skills in the use of technical or other means, as well as by providing them with advice, explanations, references and conclusions during the pretrial investigation and trial on issues, the clarification and solution of which require special knowledge and skills.

The investigation of mass cyber-attacks on web resources, databases of state authorities and local governments, etc., especially those committed in wartime, requires an appropriate response, in particular, legal regulation of the interaction of specialists with other participants in the criminal process to help increase the effectiveness of such investigation.

The involvement of a specialist in accordance with the Criminal Procedure Code of Ukraine is mandatory both in the case of copying information from a computer system for the owner of the property (if the corresponding computer system is temporarily withdrawn) and in the case of copying information for the investigator or prosecutor (if the corresponding computer or other system remains with its owner).

It is concluded that it is expedient to change the wording of the relevant requirements of the legislation, leaving the investigator or the prosecutor the right to determine the need to involve a specialist or the possibility of carrying out the specified copying without his participation.

It is advisable to amend the legislation in order to secure the requirement for mandatory motivation by the court of refusal to take into account the explanations, and consultations provided by a specialist involved in the defense.

It also seems necessary to determine the basic requirements for the content of a specialist’s certificate (for example, the name of the criminal proceedings and its registration number; information about the relevant means present during the taking
of testimony, and the period of time for which such testimony was taken).

Key words: specialist, reference, explanation, copying of information, photography, video recording, testimony, pre-trial investigation, investigator.