Genesis and current state of legal regulation of international cooperation of Ukraine in the field of forensic science

Abstract

The article considers the origins of international contacts of national forensic institutions and classifies and characterizes the historical stages of the development of international cooperation in the field of forensic science, revealing the legal basis of the international cooperation of Ukraine in the field of forensic science. The author expresses his own position on the problematic issues that have arisen in modern forensic practice in connection with the legal regulation of international cooperation. Normative and legal principles of international cooperation in the field of forensic examination began to take shape in 1945 and today this process continues. The peculiarity of the legal regulation of international cooperation of Ukraine in the field of forensic examination is that it is carried out through the provisions enshrined in the legislative acts of Ukraine (the Constitution of Ukraine, procedural codes and other laws of Ukraine) and international treaties and other documents recognized by Ukraine, of particular importance among which are the Convention for the Protection of Human Rights and Fundamental Freedoms and decisions of the European Court of Human Rights. The legal regulation of international cooperation of Ukraine in the field of forensic expertise is aimed at ensuring both the interests of justice and the interests of the state at the international level. Provided for in Art. 23 of the Law of Ukraine «On Forensic Expertise», the right of the head of the state specialized institution conducting forensic examinations, in certain cases, to include leading experts from other states in expert commissions, simultaneously ensures the interests of Ukraine both in the administration of fair justice and at the international level. Providing forensic experts who are not employees of state-specialized institutions with the opportunity to involve foreigners in the examination without appropriate control of the Ministry of Justice of Ukraine or the Ministry of Foreign Affairs of Ukraine, especially in the context of martial law in Ukraine, may be harmful to the national security of Ukraine and adversely affect the interests of justice and the authority of Ukraine at the international level.