Pub Date : 2021-12-30DOI: 10.32353/khrife.3.2021.03
Mykhailo Shcherbakovskyi
Procedural (relevance and admissibility) and epistemological (due quality of objects, accuracy of source data, approved research methodology was applied) conditions and criteria (epistemological: scientific, methodological and logical substantiation of expert conclusions, procedural: compliance with other case files) that together determine veracity of the expert conclusion are outlined. The Article Purpose is to analyze views of scientists concerning veracity of evidence in general and the expert conclusion in particular; clarify circumstances preceding the expert conclusion and conditioning its accuracy; emphasize epistemological and procedural criteria for this characteristic and compare with the procedure for determining veracity of forensic examination in the countries of the Anglo-Saxon Legal Family and develop a standard based on which veracity of the forensic report can be established by results of performed research. The scientific and methodological substantiation presupposes general and specific substantiation of research results of submitted objects. The logical substantiation is argumentation of the expert’s interim and final conclusions. The criterion for procedural veracity of the forensic report is in its consistency, compliance with other pieces of evidence. It is advisable to use the standard of proof “beyond a reasonable doubt” to determine conformity of the forensic report with objective reality. The standard of forensic report veracity implies that conditions of relevance and admissibility of the forensic report are met, objects submitted for forensic examination are of appropriate quality, expert conclusions are based on general scientific and methodological provisions and results of a particular expert research stemming from them, logically reasoned, conformed with other pieces of evidence in a criminal proceeding and recognized as corresponding to actual circumstances of the offense beyond any reasonable doubt.
{"title":"The standard of forensic report veracity in criminal proceedings","authors":"Mykhailo Shcherbakovskyi","doi":"10.32353/khrife.3.2021.03","DOIUrl":"https://doi.org/10.32353/khrife.3.2021.03","url":null,"abstract":"Procedural (relevance and admissibility) and epistemological (due quality of objects, accuracy of source data, approved research methodology was applied) conditions and criteria (epistemological: scientific, methodological and logical substantiation of expert conclusions, procedural: compliance with other case files) that together determine veracity of the expert conclusion are outlined. \u0000The Article Purpose is to analyze views of scientists concerning veracity of evidence in general and the expert conclusion in particular; clarify circumstances preceding the expert conclusion and conditioning its accuracy; emphasize epistemological and procedural criteria for this characteristic and compare with the procedure for determining veracity of forensic examination in the countries of the Anglo-Saxon Legal Family and develop a standard based on which veracity of the forensic report can be established by results of performed research. \u0000The scientific and methodological substantiation presupposes general and specific substantiation of research results of submitted objects. The logical substantiation is argumentation of the expert’s interim and final conclusions. The criterion for procedural veracity of the forensic report is in its consistency, compliance with other pieces of evidence. It is advisable to use the standard of proof “beyond a reasonable doubt” to determine conformity of the forensic report with objective reality. \u0000The standard of forensic report veracity implies that conditions of relevance and admissibility of the forensic report are met, objects submitted for forensic examination are of appropriate quality, expert conclusions are based on general scientific and methodological provisions and results of a particular expert research stemming from them, logically reasoned, conformed with other pieces of evidence in a criminal proceeding and recognized as corresponding to actual circumstances of the offense beyond any reasonable doubt.","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"126 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126874278","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-30DOI: 10.32353/khrife.3.2021.11
I. Tararaka
The main problems of appointing and conducting judicial engineering and nvironmentalexaminationsinadministrative proceedings in the event of detection of violations in the extraction of minerals are considered. The purpose of the study is to generalize the problems appointing and conducting judicial engineering and environmental examinations (studies) in response to an administrative violation when using subsoil and providing practical guidelines for their solution. The subjects which can be participants of public-law disputes and initiators of engaging an expert in order to undertake investigations in administrative proceedings while considering environmental violations are determined. Subject and objectives of judicial engineering and environmental examinations and types of objects provided to forensic experts to perform these studies are defined. Conditions for the qualitative conduct of engineering and environmental examinations and solution of the tasks assigned to the expert are revealed, which depends on the accurate formulation of questions to the expert and completeness of the provision of studied objects. An indicative list of questions that can be solved by forensic experts within the framework of these examinations is proposed. The possibility and necessity of conducting a full-scale inspection of the scene by an expert are considered. A review of the literature indicates an insufficient development of concepts of the subject and object of this type of examination. Promising directions of improvement of theoretical knowledge and practical activity both forensic experts and subjects (bodies) considering this type of environmental violations are outlined
{"title":"Certain issues of judicial engineering and environmental examinations regarding environmental violations in the extraction of minerals","authors":"I. Tararaka","doi":"10.32353/khrife.3.2021.11","DOIUrl":"https://doi.org/10.32353/khrife.3.2021.11","url":null,"abstract":"The main problems of appointing and conducting judicial engineering and \u0000nvironmentalexaminationsinadministrative proceedings in the event of detection of violations in the extraction of minerals are considered. \u0000The purpose of the study is to generalize the problems appointing and conducting judicial engineering and environmental examinations (studies) in response to an administrative violation when using subsoil and providing practical guidelines for their solution. \u0000The subjects which can be participants of public-law disputes and initiators of engaging an expert in order to undertake investigations in administrative proceedings while considering environmental violations are determined. Subject and objectives of judicial engineering and environmental examinations and types of objects provided to forensic experts to perform these studies are defined. \u0000Conditions for the qualitative conduct of engineering and environmental examinations and solution of the tasks assigned to the expert are revealed, which depends on the accurate formulation of questions to the expert and completeness of the provision of studied objects. An indicative list of questions that can be solved by forensic experts within the framework of these examinations is proposed. \u0000The possibility and necessity of conducting a full-scale inspection of the scene by an expert are considered. \u0000A review of the literature indicates an insufficient development of concepts of the subject and object of this type of examination. \u0000Promising directions of improvement of theoretical knowledge and practical activity both forensic experts and subjects (bodies) considering this type of environmental violations are outlined","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125039045","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-30DOI: 10.32353/khrife.3.2021.12
P. Kipouràs, Inessa Ovsiannykova
International forensic science activity in modern realities is becoming increasingly popular and characterized by increasing globalization processes in international relations, creation of a single information space, in which transnational relations of human rights and law enforcement organizations and forensic institutions, as well as individual forensic experts and scientists specializing in forensic science and forensic science activity. This article purpose is to consider standardization and accreditation procedures (as the main areas of international cooperation in the field of forensic science activity in the context of globalization) and key tools for recognizing research results and forensic expert conclusions. Emphasis is placed on the fact that application of international standards in the field of forensic science is a priority that contributes to increasing reliability, transparency and confidence in forensic evidence and conclusions made by forensic expert. It was emphasized that one of the important factors in improving efficiency of forensic science at the international level is cooperation with the European Network of Forensic Science Institutes (ENFSI) whose main activity is to improve information exchange of in forensics and improve of forensic science quality. Certain steps are proposed on the way for ensuring forensic expert independence, improving quality of forensic expert conclusions provided and effectiveness of forensic science activity in general.
{"title":"Forensic science activity in globalization context","authors":"P. Kipouràs, Inessa Ovsiannykova","doi":"10.32353/khrife.3.2021.12","DOIUrl":"https://doi.org/10.32353/khrife.3.2021.12","url":null,"abstract":"International forensic science activity in modern realities is becoming increasingly popular and characterized by increasing globalization processes in international relations, creation of a single information space, in which transnational relations of human rights and law enforcement organizations and forensic institutions, as well as individual forensic experts and scientists specializing in forensic science and forensic science activity. \u0000This article purpose is to consider standardization and accreditation procedures (as the main areas of international cooperation in the field of forensic science activity in the context of globalization) and key tools for recognizing research results and forensic expert conclusions. Emphasis is placed on the fact that application of international standards in the field of forensic science is a priority that contributes to increasing reliability, transparency and confidence in forensic evidence and conclusions made by forensic expert. \u0000It was emphasized that one of the important factors in improving efficiency of forensic science at the international level is cooperation with the European Network of Forensic Science Institutes (ENFSI) whose main activity is to improve information exchange of in forensics and improve of forensic science quality. Certain steps are proposed on the way for ensuring forensic expert independence, improving quality of forensic expert conclusions provided and effectiveness of forensic science activity in general.","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126418803","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-30DOI: 10.32353/khrife.3.2021.06
K. Mamikonyan
Modern concepts of accounting development relate to the evolution of the preparation and processing of accounting and analytical information generated within the accounting system of organization. Each economic entity predominantly uses information presented in financial reports involving the value of the enterprise’s assets, including information on fixed assets as documentary evidence of its reliability in investment relations to attract potential investors and partners as well as to receive credit financing. Since fixed assets are an essential component of all assets, improving the efficiency of their use through a qualitative estimation of their value can be considered one of the leading areas of improving accounting of enterprises. However, the real value of certain units of fixed assets can change drastically, which necessitates an annual revaluation. Given possible issues in practical application of international financial reporting standards, introduction of indexation system for self-calculation of coefficients of rapid revaluation of fixed assets (tangible non-financial assets) of the organization is highly important. Certainly, this method requires a professional approach, starting with acquisition, construction or creation of fixed assets. In this context, this Article Purpose is to substantiate the need to implement an indexation system for each unit (group) of fixed assets of organization, which are subject to interim revaluation in the future, from the very moment of their acquisition.
{"title":"The issue of revaluation of fixed assets","authors":"K. Mamikonyan","doi":"10.32353/khrife.3.2021.06","DOIUrl":"https://doi.org/10.32353/khrife.3.2021.06","url":null,"abstract":"Modern concepts of accounting development relate to the evolution of the preparation and processing of accounting and analytical information generated within the accounting system of organization. Each economic entity predominantly uses information presented in financial reports involving the value of the enterprise’s assets, including information on fixed assets as documentary evidence of its reliability in investment relations to attract potential investors and partners as well as to receive credit financing. \u0000Since fixed assets are an essential component of all assets, improving the efficiency of their use through a qualitative estimation of their value can be considered one of the leading areas of improving accounting of enterprises. However, the real value of certain units of fixed assets can change drastically, which necessitates an annual revaluation. Given possible issues in practical application of international financial reporting standards, introduction of indexation system for self-calculation of coefficients of rapid revaluation of fixed assets (tangible non-financial assets) of the organization is highly important. Certainly, this method requires a professional approach, starting with acquisition, construction or creation of fixed assets. \u0000In this context, this Article Purpose is to substantiate the need to implement an indexation system for each unit (group) of fixed assets of organization, which are subject to interim revaluation in the future, from the very moment of their acquisition.","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"126 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115829223","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-10DOI: 10.32353/khrife.2.2021.08
A. Horlachuk
Effectiveness level of the practical activities of forensic economists to some extent depends on theoretical validity of specific expertise and their clear regulation by law. This article purpose is to investigate the essence of special economic knowledge, to determine the boundaries of competence of forensic economists. While generalizing scientific content, the main systemic elements that reflect essence of special economic knowledge their forms, structure, characteristic features are considered. With the help of methods of analysis and synthesis, generalization, effectiveness dependence of the use of special economic knowledge and their relevance on the conditions of economic environment has been established. It was found that economic knowledge based on theoretical principles of economic sciences should be of a practical, applied nature, which makes appropriate requirements for organization of the educational procedure while professional training of persons entitled to conduct forensic economic examinations. In turn, the level of personal competence of a forensic economist depends on his practical skills and abilities and improves as more complex expert researches is carried out. It has been established that it is impossible for forensic economists to study issues that go beyond specific expertise scope and have a legal nature (establishing the circle of culpability of persons, interpreting norms of law, legal assessment of the actions of persons, including the establishment of cause-and-effect relationships between targeted actions and the resulting negative consequences) which deprives the forensic examination of the status of objective economic research.
{"title":"On forensic economist specific expertise","authors":"A. Horlachuk","doi":"10.32353/khrife.2.2021.08","DOIUrl":"https://doi.org/10.32353/khrife.2.2021.08","url":null,"abstract":"Effectiveness level of the practical activities of forensic economists to some extent depends on theoretical validity of specific expertise and their clear regulation by law. \u0000This article purpose is to investigate the essence of special economic knowledge, to determine the boundaries of competence of forensic economists. While generalizing scientific content, the main systemic elements that reflect essence of special economic knowledge their forms, structure, characteristic features are considered. \u0000With the help of methods of analysis and synthesis, generalization, effectiveness dependence of the use of special economic knowledge and their relevance on the conditions of economic environment has been established. It was found that economic knowledge based on theoretical principles of economic sciences should be of a practical, applied nature, which makes appropriate requirements for organization of the educational procedure while professional training of persons entitled to conduct forensic economic examinations. In turn, the level of personal competence of a forensic economist depends on his practical skills and abilities and improves as more complex expert researches is carried out. \u0000It has been established that it is impossible for forensic economists to study issues that go beyond specific expertise scope and have a legal nature (establishing the circle of culpability of persons, interpreting norms of law, legal assessment of the actions of persons, including the establishment of cause-and-effect relationships between targeted actions and the resulting negative consequences) which deprives the forensic examination of the status of objective economic research.","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128373346","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-10DOI: 10.32353/khrife.2.2021.05
R. Aghuzumtsyan, Gayane Shahverdyan
The article discusses issues related to psychological violence and identifying the features of conductingforensic psychological examinations in order to establish the fact of psychological violence. Particular attention is paid to the interpretation of the concepts: psychological violence, psychological impact, psychological pressure, emotional violence, verbal aggression, coercion. The article highlights and describes the characteristic features of forensic psychological examination of psychological abuse victims. This article purpose is to identify the key features of the forensic psychology examination of psychological abuse victims. The main research content allows us to list the characteristic features of forensic psychology analysis. In most cases, the issues related to the forensic psychology analysis of violent actions refer to sexual or physical violence or are aimed at explaining the actions of various forms of violence on the human psyche. These circumstances lead to the fact that human psyche begins to play secondary role while performing forensic research. It is for this reason that forensic psychology analysis of psychological abuse in general and its types in particular is referred to as non-traditional types of examination. Various types of violent actions in different ways affect the human psyche and the secondary nature of the examination does not always reveal the essence and results of psychological abuse that unjustifiably narrows the real scope of manifestations of violence in society. The authors defend the opinion that at this stage it is more correct to conduct a psychological examination aimed specifically at psychological violence and not at the secondary effect of violence on the psyche. In this regard, the article proposes necessary definitions that can be used in the conduct of forensic psychological and forensic linguistic expert research. Considering importance of conducting examinations to establish existence or lack of the psychological violence fact, it is planned to continue research to develop criteria for assessing results of forensic psychology analysis of psychological abuse.
{"title":"Specifics of Forensic Psychology Analysis of Psychological Abuse","authors":"R. Aghuzumtsyan, Gayane Shahverdyan","doi":"10.32353/khrife.2.2021.05","DOIUrl":"https://doi.org/10.32353/khrife.2.2021.05","url":null,"abstract":"The article discusses issues related to psychological violence and identifying the features of conductingforensic psychological examinations in order to establish the fact of psychological violence. Particular attention is paid to the interpretation of the concepts: psychological violence, psychological impact, psychological pressure, emotional violence, verbal aggression, coercion. The article highlights and describes the characteristic features of forensic psychological examination of psychological abuse victims. \u0000This article purpose is to identify the key features of the forensic psychology examination of psychological abuse victims. The main research content allows us to list the characteristic features of forensic psychology analysis. \u0000In most cases, the issues related to the forensic psychology analysis of violent actions refer to sexual or physical violence or are aimed at explaining the actions of various forms of violence on the human psyche. These circumstances lead to the fact that human psyche begins to play secondary role while performing forensic research. It is for this reason that forensic psychology analysis of psychological abuse in general and its types in particular is referred to as non-traditional types of examination. Various types of violent actions in different ways affect the human psyche and the secondary nature of the examination does not always reveal the essence and results of psychological abuse that unjustifiably narrows the real scope of manifestations of violence in society. \u0000The authors defend the opinion that at this stage it is more correct to conduct a psychological examination aimed specifically at psychological violence and not at the secondary effect of violence on the psyche. In this regard, the article proposes necessary definitions that can be used in the conduct of forensic psychological and forensic linguistic expert research. \u0000Considering importance of conducting examinations to establish existence or lack of the psychological violence fact, it is planned to continue research to develop criteria for assessing results of forensic psychology analysis of psychological abuse.","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131301544","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-10DOI: 10.32353/khrife.2.2021.07
V. Husieva
Establishing the identity of the criminal is one of the main tactical tasks of the investigation, it is carried out on various grounds: in particular, by appearance features. Law enforcement agencies use both procedural (presentation of a person for identification) and non-procedural ways of identification. The purpose of the article is to identify typical problems arising in the implementation of a person’s identification based on appearance and to develop recommendations for their eradication and elimination. The complex of general scientific methods was used in the study, in particular, a systematic approach determines the application of these methods and allows you to study the problems voiced. The dialectical method makes it possible to establish the objectives of the study in dynamics and interrelationships, to find out the subjective and objective problems of a person’s identification. The logical method and the method of generalization enable to formulate recommendations for eliminating typical errors that occur in investigative and forensic expert practice. It has been determined that the presentation of a person for identification refers to those investigative (search) actions, the result of which, in terms of evidentiary value, cannot be obtained in another way. Main problematic issues arising while presentation of a person for identification are classified into two groups: subjective (that can be solved by increasing the professional competence of the prosecution) and objective (that are quite difficult to eliminate, though sometimes they generally make it impossible to carry out the specified investigative (search) action). It was stressed that a typical problem that excludes the possibility of solving identification problems during composite drawing is the low quality of comparative samples. It has been proven that the main task of the prosecution is the production of comparative materials of appropriate quality, in compliance with the relevant requirements, and, if necessary, the involvement of forensic experts of the corresponding specialization.
{"title":"Problems of human personal identification by appearance in investigation of criminal offenses","authors":"V. Husieva","doi":"10.32353/khrife.2.2021.07","DOIUrl":"https://doi.org/10.32353/khrife.2.2021.07","url":null,"abstract":"Establishing the identity of the criminal is one of the main tactical tasks of the investigation, it is carried out on various grounds: in particular, by appearance features. Law enforcement agencies use both procedural (presentation of a person for identification) and non-procedural ways of identification. \u0000The purpose of the article is to identify typical problems arising in the implementation of a person’s identification based on appearance and to develop recommendations for their eradication and elimination. \u0000The complex of general scientific methods was used in the study, in particular, a systematic approach determines the application of these methods and allows you to study the problems voiced. The dialectical method makes it possible to establish the objectives of the study in dynamics and interrelationships, to find out the subjective and objective problems of a person’s identification. The logical method and the method of generalization enable to formulate recommendations for eliminating typical errors that occur in investigative and forensic expert practice. \u0000It has been determined that the presentation of a person for identification refers to those investigative (search) actions, the result of which, in terms of evidentiary value, cannot be obtained in another way. Main problematic issues arising while presentation of a person for identification are classified into two groups: subjective (that can be solved by increasing the professional competence of the prosecution) and objective (that are quite difficult to eliminate, though sometimes they generally make it impossible to carry out the specified investigative (search) action). \u0000It was stressed that a typical problem that excludes the possibility of solving identification problems during composite drawing is the low quality of comparative samples. It has been proven that the main task of the prosecution is the production of comparative materials of appropriate quality, in compliance with the relevant requirements, and, if necessary, the involvement of forensic experts of the corresponding specialization.","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134584457","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-10DOI: 10.32353/khrife.2.2021.10
E. Grygorian, A. Stashchak, N. Rezaei
The work of police investigators includes investigation of violent deaths, when there is scarce information on peculiarities of death. The examination of corpse is essential in most of violent death cases; thus, there is a need to correctly evaluate signs on the corpse as soon as they could help investigators obtain important information about a murder. There could be various questions to be answered by forensic medical examiners; one of which is determination of time since death. The study is aimed to present guidelines on choosing the evaluation method for postmortem changes based on forensic medical data, in accordance with condition of the body, features of surroundings and other factors that have to be noted at the place of corpse’s finding. Guidelines are composed in accordance with current legal procedures on forensic medical examinations.
{"title":"Features of postmortem interval evaluation for the crime investigation","authors":"E. Grygorian, A. Stashchak, N. Rezaei","doi":"10.32353/khrife.2.2021.10","DOIUrl":"https://doi.org/10.32353/khrife.2.2021.10","url":null,"abstract":"The work of police investigators includes investigation of violent deaths, when there is scarce information on peculiarities of death. The examination of corpse is essential in most of violent death cases; thus, there is a need to correctly evaluate signs on the corpse as soon as they could help investigators obtain important information about a murder. There could be various questions to be answered by forensic medical examiners; one of which is determination of time since death. The study is aimed to present guidelines on choosing the evaluation method for postmortem changes based on forensic medical data, in accordance with condition of the body, features of surroundings and other factors that have to be noted at the place of corpse’s finding. Guidelines are composed in accordance with current legal procedures on forensic medical examinations.","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128065336","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-10DOI: 10.32353/khrife.2.2021.09
Oleh Mieshkov
The article is devoted to topical and at the same time debatable topic of using forensic expert conclusion based on forensic examination results of electric shock accidents. Evaluation and verification of forensic expert conclusion, as one of the sources of evidence obtained on the basis of scientific knowledge is a prerequisite for impartiality, objectivity and comprehensiveness of the investigation in criminal proceedings and court proceedings. Conclusion assessment and verification consists of the solution of two general groups of issues: 1) compliance with procedural rules and requirements while appointment, forensic examination and conclusion submission: procedural assessment; 2) correctness, scientific validity and reliability of research and the conclusion is a meaningful assessment. Difficulty of correctly assessing and verifying reliability and scientific validity of forensic expert conclusion by investigative bodies or the court is due to the fact that conclusion is an expert’s deduction made on the basis of specific expertise in a particular field of science and technology. Certainly, investigator or the court does not have such knowledge. Sometimes they cannot objectively assess and verify the conclusion content for correct choice of methodology, methods used and methods of problem solving. It is emphasized that solution of such issue by investigation or the court is especially difficult in default of proven methods, or when applying new types of examinations. The article presents some aspects of verification of the facts established in the conclusion, their consistency with other circumstances and evidence in the case. Emphasis is placed on the fact that it is often difficult to verify the facts established in while investigation of electric shock accidents, consistency of these facts with other evidence in the case, if forensic examination establishes such facts, or when examination establishes certain crime elements. The ways of solving some complex aspects of the substantive assessment of forensic expert conclusion by investigation or the court are identified; it is proposed to make certain changes in procedural legislation regarding the independent review of forensic expert conclusion.
{"title":"Problematical aspects of using forensic expert conclusion on results of the forensic examination of electric shock accidents","authors":"Oleh Mieshkov","doi":"10.32353/khrife.2.2021.09","DOIUrl":"https://doi.org/10.32353/khrife.2.2021.09","url":null,"abstract":"The article is devoted to topical and at the same time debatable topic of using forensic expert conclusion based on forensic examination results of electric shock accidents. \u0000Evaluation and verification of forensic expert conclusion, as one of the sources of evidence obtained on the basis of scientific knowledge is a prerequisite for impartiality, objectivity and comprehensiveness of the investigation in criminal proceedings and court proceedings. Conclusion assessment and verification consists of the solution of two general groups of issues: 1) compliance with procedural rules and requirements while appointment, forensic examination and conclusion submission: procedural assessment; 2) correctness, scientific validity and reliability of research and the conclusion is a meaningful assessment. \u0000Difficulty of correctly assessing and verifying reliability and scientific validity of forensic expert conclusion by investigative bodies or the court is due to the fact that conclusion is an expert’s deduction made on the basis of specific expertise in a particular field of science and technology. Certainly, investigator or the court does not have such knowledge. Sometimes they cannot objectively assess and verify the conclusion content for correct choice of methodology, methods used and methods of problem solving. It is emphasized that solution of such issue by investigation or the court is especially difficult in default of proven methods, or when applying new types of examinations. \u0000The article presents some aspects of verification of the facts established in the conclusion, their consistency with other circumstances and evidence in the case. Emphasis is placed on the fact that it is often difficult to verify the facts established in while investigation of electric shock accidents, consistency of these facts with other evidence in the case, if forensic examination establishes such facts, or when examination establishes certain crime elements. \u0000The ways of solving some complex aspects of the substantive assessment of forensic expert conclusion by investigation or the court are identified; it is proposed to make certain changes in procedural legislation regarding the independent review of forensic expert conclusion.","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133392533","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-10DOI: 10.32353/khrife.2.2021.11
Inessa Ovsiannykova
Effective administrative and legal regulation of forensic activity depends on the goals and objectives. Ukrainian society began to radically restructure its national system of law, enshrining the principle of the rule of law in the Constitution in 1996 and ratifying in 1997 the Convention for the Protection of Human Rights and Fundamental Freedoms. This article purpose is to define the main goals and objectives of the state to ensure effective forensic activities in the context of European integration. Ukrainian obligations to European community to build a developed and sustainable democracy and market economy require it, first of all, to focus the entire national system of law on such European values as democracy, respect for people and fundamental rights and freedoms, the rule of law, etc. For our state, the principle of the rule of law is related to the practice of the European Union, therefore, the main strategic direction is European integration. Within the framework of European cooperation, the field of justice in general and law enforcement and judicial authorities in particular are acquiring particular importance. Effective implementation of judicial reform and the fight against corruption are currently the priority areas of our state on the way to European integration. An important part of implementation of this goal is creation of a modern system of forensic science support of justice that should function effectively through the timely and proper implementation of the goals and objectives set before the subjects of forensic science.
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