Міжвідомчий Науково-методичний збірник
"Криміналістика і судова експертиза"
ISSN: 0130-2655
PDF Khomutenko67 Завантажень: 3, розмiр: 319.0 KB

DOI: https://doi.org/10.33994/kndise.2022.67.05

V. Khomutenko, A. Khomutenko

The article provides an interpretation of the term “principle of forensic activity”. Theoretical approaches to the essence and legal nature of the principles of “legality”, “independence”, “objectivity”, “completeness” are disclosed. A comparative analysis of the principles of forensic activities defined in the bills submitted to the Verkhovna Rada of Ukraine. It has been established that the list of such principles is proposed to be expanded, and some of their names to be clarified. The study of the practice of forensic science activities allowed us to give examples of violations by forensic experts of certain fundamental principles. A systematic analysis of domestic legislative acts, methods for conducting forensic economic experts on relevant issues, specialized literature, as well as expert practice, made it possible to make separate proposals for improving the theoretical and legal foundations for conducting forensic examinations. It is substantiated that the expert opinion should contain a detailed description of the research conducted by the expert, the conclusions drawn from their results, reasonable answers to questions that are asked to the expert, however, his conclusion on them cannot go beyond the expert’s special knowledge in accordance with Part 4 of Art. 101 Criminal Procedure Code of Ukraine. It has been established that conducting a comprehensive, complete study and providing a reasonable and objective conclusion, in accordance with Art. 12 of the Law of Ukraine “On Forensic Expertise”, the main duty of an expert, for which the forensic expert must examine all objects submitted for examination in full, using all available methods of expert research recommended for practical application, namely: economic expertise of issues of causing material damage (registration code 11.0.22), Methods for investigating issues of misuse of budgetary funds by forensic economic expertise (registration code 11.0.12.2003).

Key words: forensic examination, principle, legality, independence, objectivity,
completeness, damage, the state budget.