Міжвідомчий Науково-методичний збірник
"Криміналістика і судова експертиза"
ISSN: 0130-2655
PDF Верстка Криміналістика 2019 6.05. 78 87 1 Завантажень: 1, розмiр: 282.2 KB

DOI: https://doi.org/10.33994/kndise.2019.64.05

V. Khosha

In the article, in order to formulate the essence of the administrative-legal regulation mechanism in the field of accreditation of forensic institutions of Ukraine, the general legal foundations of the accreditation system in Ukraine are defined theoretically, as well as the characteristics of a wider category – “legal regulation”, taking into account the peculiarities of public relations in accreditation of conformity assessment bodies.

The mechanism of administrative and legal regulation of accreditation of forensic institutions of Ukraine is a combination of legal means (legal norms, legal relations, acts of interpretation and application of legal norms, etc.) of influencing the relations between potential and accredited conformity assessment bodies ensuring a uniform technical policy in the field of conformity assessment; ensuring consumer confidence in conformity assessment activities; creating conditions for mutual recognition of the results of accredited bodies at the international level, etc.

The legal basis for the accreditation of forensic institutions of Ukraine is a set of output cross-cutting ideas enshrined in legal norms that define legal necessity and create conditions for accreditation and monitoring of conformity assessment bodies, directly determine legal, organizational and tactical provisions of the organization and implementation of relevant activities. The legal regime of accreditation is a type of permissive administrative and legal regimes. It is based on the principles of accessibility, voluntariness, professional competence, equality, transparency, confidentiality, participation of executive bodies and public organizations, independence and impartiality, non-transferability of special accreditation powers to others, control (the latter principle should be included in the list of basic principles of accreditation activities, which are defined in Article 5 of the Law of Ukraine “On Accreditation of Conformity Assessment Bodies”). The accreditation procedure is carried out according to the rules that are publicly available and free to use. Accreditation bodies should periodically confirm their competence, this is usually done with the help of other accreditation bodies. Key words: accreditation, forensic institutions, legal framework, legal regulation.