DIFFERENTIATED APPROACH TO THE CONTENT AND VOLUME OF FORENSIC MEDICAL KNOWLEDGE IN COMPETENCES OF DIFFERENT SUBJECTS OF LEGAL PROCEEDING

Abstract

Aim of the article: to conduct a legal analysis of a differentiated approach to the content and volume of special forensic medical knowledge in the competence of various subjects of legal proceedings for their effective implementation of the norms of criminal procedure and other legislation, as well as of the educational context, within which preparation for professional activities requiring a certain the scope of the relevant competencies is conducted. Conclusions. The article deals with the requirements for the competence in the field of forensic medicine of various subjects of legal proceedings. Expert consciousness (as an integral system of expert thinking, expert knowledge, expert intuition, etc.) is attributed to the special competence of medical persons professionally knowledgeable in the field of forensic medicine. The lawyers participating in the proceedings are assigned an integrating and coordinating role, which requires general competence in forensic medicine, in particular, awareness of the modern possibilities of forensic medical examination and other forms of procedural and non-procedural application of forensic medical knowledge. The specified differentiated approach to the scope of competences of various subjects of the legal process does not imply any consolidation, interchangeability, but directly stipulates the need for goal-setting cooperation within the framework of a strict separation of the procedural roles assigned to these subjects, the integrity of the system of expert consciousness with the separation from it of the minimum necessary elements of forensic medicine knowledge sufficient to implement the procedural role of the investigator and other procedural ones. The consequences of the gaps are predictably negative in the education of lawyers, in particular, investigators, prosecutors, advocates and judges, caused by the absence of the discipline “Forensic medicine” in the basic (compulsory) part of the federal state standard of higher professional education in the field of “Jurisprudence”. The formation of an effective model of cooperation seems to be of current interest between subjects of legal proceedings with considering the establishment of differentiated requirements for the volume and content of forensic medical competencies. The complex structure of forensic competences, qualification requirements for forensic medical experts, the peculiarities of the education of medical specialists - should be taken into account by the subjects of the investigation, the court when involving forensic experts and other doctors to participate in the proceedings. It is necessary to change the wording of Art. 178 of the Criminal Procedure Code of the Russian Federation: «with the participation of a forensic medical expert, and if one’s participation is impossible, - for a doctor» to the wording: «with the participation of a forensic medical expert, and if his participation is impossible, - for another doctor».