Міжвідомчий Науково-методичний збірник
"Криміналістика і судова експертиза"
ISSN: 0130-2655
PDF 11 Завантажень: 3, розмiр: 312.9 KB

O. Humenskyi; T. Budko

Summary

The correct classification of forensic examinations (referring them to a certain class, genus, type, etc.) is extremely important for the correct assessment of the validity of the expert opinion.

Until recently, the classification of forensic examinations was carried out mainly on the basis of those Sciences, the methods of which were used to study the objects of expertise.

For the classification of examinations should be guided by a complex criterion, including ideas about the subject and purpose of this type of examination, its object, methods and nature of the underlying knowledge and taking into account the Genesis of its development.

To determine the place of expertise of special technical means (STM) in the classification of forensic examinations, we analyzed the components of this criterion of expertise delimitation.

The subject of STM expertise is the facts relevant to the criminal case related to the development, manufacture and use of STM, established on the basis of special knowledge in the field of STM research.

The main objects of the examination of the STM are technical means.

The research technique of STM is a technique for group identification. STM expertise is based on the knowledge of electrical engineering, electronics, radio engineering, computer technology, programming, technology of electronic devices, and develops using the achievements of these Sciences, which, although included in the concept of “technology”, but historically have no relation to forensic technology. That is, in the structure of the special knowledge that a specialist should have, there is no specific forensic knowledge at all, or at best they are represented only by knowledge in the field of the theory of forensic identification.

That is, STM expertise is not criminalistic by definition and should take place in the class of engineering and technical expertise. Another thing is that in order to prevent the disclosure of information relating to the conduct of operational and technical action, and the disclosure of way of working of operational and technical units of law enforcement agencies, which is undoubtedly a weighty argument, as well as to ensure the exclusive right of the security Service of Ukraine (SSU) to regulate the turnover of STM, STM examination should be excluded at the legislative level from the list of examinations allowed for other expert organizations except for expert units of the SSU.

In connection with the above, we believe that it is appropriate to use such a term as forensic examination of special technical means for secret information obtaining (STM), which is included in the class of engineering and technical expertise.