DOI: https://doi.org/10.33994/kndise.2019.64.06

Ye. Tyshchenko

Article 518 of the Code of Criminal Procedure of Ukraine for the first time regulated the production of forensic examination regarding the legality of attributing information in the field of defense, economics, science and technology, foreign relations, state security and law enforcement to state secrets, changing the secrecy of this information and its declassification damage caused to the national security of Ukraine in the event of the disclosure of classified information or the loss of material carriers of such information. This definition is cumbersome, that is why it is advisable to call the expertise at issue broader in content and more laconic in form – “in matters of state secrets”.

The appointment, support and conduct of forensic examinations on this issue is accompanied by lengthy and still not completed scientific discussions and related practical problems, which include subjects which are able to conduct examinations on state secrets, and the methodology for conducting them.

Thus, the disposition of Part 1 of Art. 518 Code of Criminal Procedure of Ukraine regarding the subject of the examination on state secrets do not correspond to the content of other applicable laws and regulations.

Also, no certified and registered by the established procedure methodology for conducting forensic examination on state secrets’ issues has been established.

In order to comply with the rule of law and legality as basic criminal proceedings according to Art. Art. 7, 8, 9, 22 Code of Criminal Procedure of Ukraine:

– it requires forming by authorized order the type of forensics as a state secret forensic and a type of relevant expert specialty;

– it is advisable to expand the circle of subjects of expertise on state secrets’ issues at the expense of other specialists who are knowledgeable in matters of state secrets. They can be members of expert commissions under state secrecy experts, if at the same time complying with the set of normatively defined requirements for judicial experts who are not employees of state specialized agencies conducting forensic examinations. These requirements must also be met by state secrecy experts. In the future, a crucial step could be to consider the assignment of the functions of judicial experts on state secrets’ issues to the Security Service of Ukraine staff, which is entrusted with Article 2 of the Law of Ukraine “On the Security Service of Ukraine” to ensure the protection of state secrets and which is a specially authorized state body in the field of ensuring the protection of state secrets in accordance with Part 5 of Article 5 of the Law Of Ukraine “On State Secrets”;

– authorized state bodies are obliged to solve the problem of developing, certifying and state registration of a methodology for conducting a forensic examination on state secret issues. Key words: state secret, forensic examination.