Міжвідомчий Науково-методичний збірник
"Криміналістика і судова експертиза"
ISSN: 0130-2655
PDF Верстка Криміналістика 2019 6.05. 48 57 1 Завантажень: 2, розмiр: 282.3 KB

DOI: https://doi.org/10.33994/kndise.2019.64.02

N. Klymenko

The article deals with the concept of a general theory of forensic expertology, the conditions for its creation, the place of forensic expert science in the system of legal sciences, the limits of its subject matter, the issues of interaction and the relationship of the science of forensic science and forensic expertology. The system and structure of the general theory of forensic expertology and its tasks are given.

Separate articles of the Criminal Procedure, Civil Procedure, Administrative, Economic, Customs and Other Codes of Ukraine, the Law of Ukraine “On Forensic Expertise” of 1994 and the constitutional confirmation (article 92, paragraph 14 of the Constitution of Ukraine) of the legislative provision of forensic expertise are the further legal basis development of legal, organizational and managerial directions of forensic expertology.

Forensic expertology does not only preserves the “birthmarks” of forensic science, but also, in turn, influences the dialectics of the development of the subject of forensic science and the content of its scientific fields (forensic techniques, forensic tactics and forensic methos). In particular, it requires clarifying the well-established view of the unity of forensic techniques for the investigator and expert. The first is made to collect “trace information”, the second is used for its in-depth study based on special knowledge in order to turn it into evidence-based information. Different goals are provided with different means of content. It is more accurate to raise the question of interaction, the “docking” of two, although closely related, but independent branches of scientific and technical means serving justice.

The tasks of the general theory of forensic expertise (expert studies) are similar to the tasks of forensic science. They can be divided into general and special.

General task is the creation of a scientific base for the purpose of the functioning and development of the industry of the use of special knowledge in examinations for the needs of legal proceedings, assistance in the fight against crime and other offenses, resolution of civil law disputes.

Special task is the study of the laws of formation and development of specific types of forensic expertises, the expansion of their capabilities; development and improvement of expert technologies, tools, methods and techniques; the formation of the scientific foundations of new types of forensic expertises in connection with the emergence of new objects (computer, art history, etc.); developing expert crime prevention measures; development of an automated workplace software (AWS) for an expert of various types of research, study and implementation of advanced expert experience; forecasting expert practice processes and research tasks.

Specific tasks are the up-to-date tasks that the practice puts before so the science of expert science to meet the needs that have arisen.

Key words: forensic expertology, forensic expertise, legal science, theory.