Code of Conduct for Forensic Experts of Ukraine as One of the Conditions of Membership in ENFSI

Abstract

In 2014, Ukraine signed the Association Agreement with the European Union. One of the Association's primary goals is to strengthen cooperation in justice, freedom, and security to ensure the rule of law and respect for human rights and fundamental freedoms. Within this framework, a key objective is the gradual integration of Ukraine's state specialized forensic institutions into the European Network of Forensic Science Institutes (ENFSI).

This integration into ENFSI—contingent upon accreditation by the national accreditation body in accordance with DSTU ISO/IEC 17025:2006—will enable national forensic institutions to establish the technical, scientific, and methodological prerequisites required to achieve international standards. This is demonstrated by the following case.

On July 17, 2014, at 16:20 over Ukrainian territory, passenger flight MH17 (Boeing 777-200, registration 9M-MRD) of Malaysia Airlines was shot down by a missile at an altitude of approximately 10,100 meters, resulting in 298 fatalities. Following the crash, the Security Service of Ukraine initiated criminal proceedings under Part 3 of Article 258 of the Criminal Code of Ukraine ("Terrorist Act"). To investigate the causes of the crash, an international agreement was established among law enforcement agencies of Australia, Belgium, the Kingdom of the Netherlands, Malaysia, and Ukraine, led by the National Public Prosecution Service of the Kingdom of the Netherlands.

To conduct forensic examinations within the international investigation, specialists from the Kyiv Scientific Research Institute of Forensic Expertise (KFI) were included in the joint international commission by decision of an investigating judge, provided they formally reviewed and agreed to comply with the Code of Conduct for Dutch Forensic Experts.

The foundation for this international trust was preliminary accreditation work conducted by the Institute. In 2013, KFI was accredited by the National Accreditation Agency of Ukraine under DSTU ISO/IEC 17025:2006 for narcotic drug analysis. Subsequently, this scope of accreditation was expanded to cover more than ten forensic disciplines. In September 2016, the Institute underwent an international audit conducted by representatives of ENFSI member institutions from Germany and Lithuania, leading to KFI's official admission into ENFSI by late 2016. Further steps include expanding the Institute's scope of accreditation and actively participating in ENFSI working groups and sections.

This article presents a draft Code of Conduct for Forensic Experts developed by KFI, drawing upon its specialists' practical experience in international forensic commissions. The structure and content of the draft Code were designed in alignment with:

• The Rules of Ethical Conduct for Civil Servants (approved by Cabinet of Ministers of Ukraine Decree No. 65 of February 11, 2016);

• The ENFSI Code of Conduct for Forensic Experts (approved at the ENFSI Board meeting on May 28, 2005);

• The Code of Conduct for Dutch Forensic Experts (approved by the Netherlands Register of Court Experts on December 11, 2009).

The authors propose forming a working group within the Coordination Council on Forensic Expertise under the Ministry of Justice of Ukraine to draft a finalized Code of Conduct agreed upon by all stakeholders. This initiative should define the legal status of the document, the formal approval procedure, and compliance mechanisms for experts registered in the State Register of Certified Forensic Experts of Ukraine. Establishing this framework will serve as a crucial step toward elevating the state's forensic practice to international standards.