Concept of special knowledge of goods

Abstract

In the article is opened the concept of special knowledge of goods, their properties, purpose of the use, subjective and objective conditions of practical application, and criteria for distinguishing the content of special and well-known knowledge in the field of commodity science. Efficiency of the investigation of criminal offences largely depends on the timely use of special commodity knowledge. They are used not only in the investigation of physical evidence but also during the inspection of the scene of incident, the search, for the purpose of revealing the evidence as well as studying the reasons and conditions that contributed to the theft of state and personal property, frauds. The effective use of commodity knowledge provides for the solution of numerous theoretical, legal and procedural issues. One of such problems is the correct clarification of the essence and conditions for using this knowledge in criminal proceedings. In the legislation the notion of “special knowledge” is used in a combination with terms “expert”, “specialist”, “examination”. In Article 69 of the Criminal Procedural Code of Ukraine their terminological definition is also not opened concerning the activity of the expert. In Article 71 of the Criminal Procedural Code of Ukraine at determination of the rights and obligations of a specialist, it is indicated that a specialist uses specialized knowledge and skills when using technical or other means. Such instructions emphasize the supportive role of a specialist during pre-trial and trial investigation. In determining special knowledge, it is suggested that: special knowledge is not professional for the investigator, the public prosecutor, the investigative judge, except for special legal sciences and knowledge in the field of forensic technology, special knowledge - is not juridical; special knowledge should be based on achievements of a science and cannot be well-known; by the method of obtaining, special knowledge is acquired through the theoretical assimilation of certain information or periodic practical training by a particular type of work, the concept “special knowledge” also covers practical skills; the general purpose of using specialized knowledge is to promote the fulfillment of tasks of criminal trial. On the special commodity knowledge it is suggested to understand the set of knowledge and practical skills acquired as a result of training, special training and professional experience in the field of commodity science by a person who is involved as a specialist or an expert in order to find out the circumstances of the criminal offence.