Y. Lukianchikov; B. Lukianchikov
Paper analyzes the regulations of the Criminal Procedural Code of Ukraine, devoted to the use of special knowledge in criminal proceedings. Attention is paid to procedural forms of the use of special knowledge in the process of pre-trial proceedings and consideration of materials in court. It is noted that the current Criminal Procedural Code of Ukraine, with a purpose for fully implementation of the adversarial principle, has expanded the procedural possibilities of the defense side. Along with the side of the prosecution, the defense can get an expert to take part in court on contractual terms, if special knowledge is required to resolve issues.
Methods of obtaining samples for the expertise by the defense side are analyzed. Particular attention is paid to obtaining biological specimens of the human body excretions. It is noted that such specimens cannot be received according to the rules for temporary access to objects and documents, since they cannot be recognized as such ones.
The receipt of biological specimens is suggested to be carried out according to the rules of such an investigative action as an examination and only by those participants of the process who are entitled to the right to proceed. If such actions are associated with the need of the exposure of human body regions, the sampling should be carried out by a person of the same sex. Taking into account the specificity of biogenic specimens, it is proposed to fix in the Criminal Procedural Code the mandatory participation of a medical examiner or a doctor in the cases of inability to involve a forensic pathologist.