Determination of the professional competencies of forensic experts in the sphere of intellectual property and their importance for the training of experts
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Keywords

expert
intellectual property
training of forensic experts
professional competencies of forensic experts
forensic science

How to Cite

Kisil , N. (2023). Determination of the professional competencies of forensic experts in the sphere of intellectual property and their importance for the training of experts. Criminalistics and Forensics, (68), 601-614. https://doi.org/10.33994/kndise.2023.68.60

Abstract

The article is dedicated to identifying key paradigms that can be used in implementing competency-based approaches in the training and certification of forensic experts in the intellectual property field. It is noted that the basis for practical activities in the field of forensic examination of intellectual property objects is applying the knowledge acquired by specialists for theoretical, procedural, and organizational provisions of forensic examination; mastering intellectual property rights’ legislative framework, basic theoretical and methodological knowledge of forensic examination in the field of intellectual property; acquisition of skills in applying methodological approaches for solving expert tasks during training (internship). The approaches are highlighted to determine the types of professional competencies of forensic experts and specialists involved by the court, pre-trial investigation authorities, or other parties to the case in conducting forensic examinations. It is proposed to divide the components of forensic experts’ competencies in the field of intellectual property into 3 main types: general competencies, special (professional) competencies in the field of intellectual property, and special (subject matter) competencies in a particular expert specialty. General and special (professional) competencies in the field of intellectual property can be applied to experts who are certified in all areas of forensic examination in the field of intellectual property. At the same time, special (subject-matter) competencies for each expert specialty should be defined, considering the content of the topics specified in the approved expert training programs. The position is expressed on the expediency of granting forensic experts the right to choose the method of acquiring professional competencies independently.

https://doi.org/10.33994/kndise.2023.68.60
PDF (Українська)

References

Alieksieichuk, V. I., Starodubov, I. V. (2022). Training of professionals in the field of forensic examination: organizational issues and prospects. Law Herald. No.2 (63). P. 228-235. DOI: 10.18372/2307-9061.63.16734. (in Ukrainian).

Holovchenko, L. M. (2016). Issues of training and professional development of forensic experts in Ukraine.Criminalistics and Forensics: interdepartmental scientific collection. Kyiv. Issue 61. P. 44-51. (in Ukrainian).

Hora, I. V. (2014). Problematic points of engaging an expert by the side of the defense.Criminalistics and Forensics: interdepartmental scientific collection. Issue 59. P. 87-98. (in Ukrainian).

Cataraga, O. S., Petkovich, P. P, Prisecaru, V. A. (2021). On the subject of expert staff training in the Republic of Moldova. Current issues of forensic examination and criminalistics: collected works from the scientific-practical conference-polylogue (Kharkiv, 15-16 April). Kharkiv. P. 33-350. (in russian).

Kirin, R. S. (2021).Current issues of scientific competence and competence of forensic experts. Current issues and prospects for the development of forensic examination and criminalistics: scientific-practical international conference proce-edings. Odesa. Р. 119-123. (in Ukrainian).

Kisil, N. V., Hutsul, V. O., Yaroshovets, V. M. (2021). Training of forensic experts in the institutions of the Ministry of Justice of Ukraine: problematic aspects and possible changes to legislation. Expert: Paradigm of law and public administration. Kyiv. Issue 6 (18). P. 67-78. (in Ukrainian).

Klymenko, N. I., Strynzha, V. K. (1989). On the subject of forensic expert training. Criminalistics and Forensics: interde-partmental scientific collection of the Kyiv Scientific Research Institute of Forensic Expertise. Kyiv. Issue 61. P. 44-51. (in Ukrainian).

Petrova, I. A., Dontsova, O. S. (2020). Peculiarities of forensic commodity expert professional competencies formation. Theory and practice of forensics and criminalistics: collection of scientific papers. Kharkiv. Issue 21. P.165-178. DOI: https://doi.org/10.32353/khrife.1.2020_11. (in Ukrainian).

Stepaniuk, R. L., Shevtsov, S. O. (2020). Regarding the professional training system of forensic criminalist specialists for national police bodies. Problems and prospects of forensic examination and criminalistics development: scientific-practical international conference proceedings. Odesa. P. 575-579. (in Ukrainian).

Shcherbakovskyi, M. H. (2019). Competence and competency of a forensic expert (based on the Criminal Procedure Code of Ukraine). Forensic examinations in the procedural law of Ukraine: a study guide. Kyiv. 2019. Р. 81-89. (in Ukrainian).

OnForensic Expertise: Law of Ukraine as of 25.02.1994 No. 4038-XII. Retrieved from: https://zakon.rada.gov.ua/laws/show/4038-12#Text. (access date 18.05.2023). (in Ukrainian).

Criminal procedure code of Ukraine: Law of Ukraine as of 13.04.2012 No. 4651-VI. Retrieved from: https://zakon.rada.gov.ua/laws/show/4651-17#Text. (access date 18.05.2023). (in Ukrainian).

Ministry of Justice of Ukraine. Directorate of Justice and Criminal Justice. Monitoring report for 2021.Retrieved from: https://minjust.gov.ua/files/general/2022/01/26/20220126163347-81.pdf. (access date 18.05.2023). (in Ukrainian).

On the approval of the Regulation on the Central Expert Qualification Commission under the Ministry of Justice of Ukraine and the certification of forensic experts: order of the Ministry of Justice of Ukraine dated March 3, 2015 No. 301/5. Retrieved from: http://zakon.rada.gov.ua/laws/show/z0249-15. (in Ukrainian).

Draft Law on forensic expert activity dated November 5, 2021 No. 6284. Retrieved from: http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=73154. (access date 18.05.2023)(in Ukrainian).