Keywords
technical condition
operating conditions of machines and mechanisms
body of pre-trial investigation
How to Cite
Abstract
The article deals with problematic issues related to the appointment and conducting of engineering and technical expertise in specialty 10.23 «Investigation of the technical condition and operating conditions of machines and mechanisms.» It is also noted that the wide range of objects that are sent for expert examination causes objective difficulties during the pre-trial investigation of criminal offenses related to the operation of machines, mechanisms and equipment. Based on the materials of criminal proceedings received by the Zhytomyr Branch of the Kyiv Scientific Research Institute of Forensic expertise, the author analyzes the characteristic deficiencies in the activities of the pre-trial investigation bodies regarding the collection of initial data and the appointment of examinations for the study of the technical condition and operating conditions of machines and mechanisms. The relevance of the study is determined by the specifics of the primary investigative actions of pretrial investigation bodies in criminal offenses of this category. The underestimation or neglect of important circumstances at this stage of the investigation led to the impossibility of solving more than 50% of the questions put to the examination. The prerequisite for carrying out examinations on the technical condition of machines and mechanisms is the objective, high-quality and complete conduct of primary investigative actions by pre-trial investigation bodies, the provision of a complete set of design and operational documentation and maintaining close cooperation with the expert. The combination of expert experience and knowledge with the operational capabilities of pre-trial investigation bodies is the key to a full and comprehensive investigation of crimes related to with operation of machines, mechanisms and equipment.
References
Draft Law of Ukraine «On Forensic Expert Activity» dated November 19, 2021 No. 6284-1. URL: https://www.kmu.gov.ua/bills/proekt-zakonu-pro-sudovo-ekspertnu-diyalnist-ta-samovryaduvannya-sudovikh-ekspertiv [in Ukrainian].
Krupka, A. A., Duz, L. E., Kralyuk, M. O., Yakovleva, E. O. (2020). Forensic engineering and mechanical examination: a praxeological approach. Bulletin of NTUU «KPI». Section «Law». No. 3 (47). Pp. 80—85 [in Ukrainian].
Report on the research work «Development of the general methodology for conducting engineering and mechanical examinations in expert specialty 10.23 «Investigation of the technical condition and operating conditions of machines and mechanisms». № state registration 0122U200201 [in Ukrainian].
Criminal Procedural Code of Ukraine: Scientific and Practical Commentary (2013) / Rep. ed.: S. V. Kivalov, S. M. Mishchenko, V. Yu. Zakharchenko. Kharkiv : Odyssey. 1104 p. [in Ukrainian].
On the approval of the Instructions on the appointment and conduct of forensic examinations and expert studies and Scientific and methodological recommendations on the preparation and appointment of forensic examinations and expert studies : order of the Ministry of Justice of Ukraine dated 08.10.1998 No. 53/5 [in Ukrainian].