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Regarding the use of special knowledge by an expert on legal issues in thecriminal procedure of Ukraine 关于乌克兰刑事诉讼中法律问题专家的专业知识的使用
Oleg A. Parfylo, Maryna Nadizhko
The article is devoted to the study of the feasibility of introducing the institute of expertise in the field of law in the domestic criminal process. The correlation and interrelation of special and well-known knowledge is analyzed. The content of special knowledge possessed by a forensic expert as a complex concept, including professional knowledge in the field of science, art, technology and craft, which are not publicly available and well-known, as well as certain skills and abilities how to apply them in order to obtain such a procedural source of evidence as an expert opinion.The peculiarities of the world experience of realization of the institute «amicus curiae» both in the countries of continental law and in the Anglo-Saxon legal system states are studied. It is noted that the subject and task of such expertise in foreign countries is the interpretation of legal norms in law enforcement practice, the establishment of compliance of certain legal facts with the current legislation requirements. The possibility of using legal knowledge by a forensic expert is determined, in particular, it is proposed the author's concept that the expert opinion on legal issues (as, in fact, the conclusion of a forensic expert) will not have an obligatory value, and its strength is in the rationality of arguments, reasoning of conclusions and proposals. It is noted that the opinion of a specialist in the field of law does not oblige to make a decision in favor of a particular participant in the process, but makes you think and motivate your actions, especially those participants in the process who are endowed with authority. According to the results of the study, it is substantiated that the involvement of legal experts in the domestic criminal process will be the key to making fair and reasoned decisions. The advantages and possible consequences of the legal expertise introduction of are highlighted, the relevant amendments to the CPC of Ukraine and recommendations for obtaining the status of a participant in criminal proceedings by a legal expert are proposed.
本文致力于研究在国内刑事诉讼中引入法律领域专门知识制度的可行性。分析了专业知识与知名知识的相关性和相互关系。法医专家所拥有的专业知识的内容是一个复杂的概念,包括在科学、艺术、技术和工艺领域中不为公众所知的专业知识,以及如何运用这些专业知识以获得作为专家意见的程序性证据来源的一定技能和能力。研究了大陆法系国家和盎格鲁-撒克逊法系国家实现“法庭之友”制度的世界经验的特殊性。值得注意的是,在国外,这种专门知识的主题和任务是解释执法实践中的法律规范,确定某些法律事实是否符合现行立法要求。确定了法医专家运用法律知识的可能性,特别是提出了笔者关于法律问题的专家意见(实际上是法医专家的结论)不具有强制性价值的概念,其力量在于论证、结论推理和建议的合理性。值得注意的是,法律领域专家的意见并不迫使你作出有利于某一进程参与者的决定,而是促使你思考和激励你的行动,特别是那些被赋予权力的进程参与者。根据研究结果,证明法律专家参与国内刑事诉讼程序将是作出公正和合理决定的关键。强调了引入法律专门知识的优点和可能产生的后果,对乌克兰方案协调会进行了有关修正,并提出了法律专家获得刑事诉讼参与人地位的建议。
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引用次数: 0
The formation of legal base for regulation of cryptocurrency circulation inUkraine as an important component of counteraction to their use for illegal purpose 在乌克兰形成监管加密货币流通的法律基础,作为对抗非法使用加密货币的重要组成部分
D. Melnyk, Pavlo Lavryk
The article highlights the current problematic aspects of formation of the organizational and legal principles for cryptocurrency circulation, as well as the threats posed by their uncontrolled circulation, identifies the main areas of improvement of its legislative regulation. It was concluded about the necessity of international standards implementation for regulating activities in the field of creation and circulation of cryptocurrencies, their control and monitoring, identification and investigation of related illegal activities, establishment of public-private partnership and development of international cooperation in this area. The experience of EU countries in determining the legal status of cryptocurrency is highlighted. The new edition of the Law of Ukraine «On Prevention and Counteraction to Legalization (Laundering) of Proceeds of Crime, Financing Terrorism and Financing the Proliferation of Weapons of Mass Destruction» is analyzed, the content of which provides a number of innovations for organizing monitoring of the use of virtual (digital) assets as a means of calculating and combating money laundering money and terrorism financing using cryptocurrency. Legislative innovations of implementation of the updated FATF recommendations on counteraction to money laundering and financing of terrorism with use of cryptocurrencies are covered: improvement of the state policy in the field of counteraction to use of cryptocurrencies in illegal activity is necessary; coordination of work of controlling and law enforcement bodies of Ukraine on counteraction to use of cryptocurrencies for illegal purposes and their interaction competent authorities of foreign states; the latest forms and methods of detection and termination of activities related to the use of cryptocurrencies for illegal purposes; analysis of potential risks and threats of using cryptocurrencies for illegal purposes; blocking the propaganda of the possibility of using cryptocurrencies as a means of payment in illegal activities and to finance its various forms; conducting legal work with the target audience on the inadmissibility of using cryptocurrencies for illegal purposes and the necessity of immediate informing the authorities about the identified cases.
文章强调了目前加密货币流通的组织和法律原则形成的问题,以及其不受控制的流通所带来的威胁,确定了其立法监管的主要改进领域。会议总结了实施国际标准的必要性,以规范加密货币的创建和流通、控制和监测、识别和调查相关非法活动、建立公私伙伴关系以及发展该领域的国际合作。强调了欧盟国家在确定加密货币法律地位方面的经验。对乌克兰新版《关于预防和打击犯罪收益合法化(洗钱)、资助恐怖主义和资助大规模杀伤性武器扩散》的法律进行了分析,其内容提供了一些创新,以组织监测虚拟(数字)资产的使用,作为计算和打击洗钱和恐怖主义融资的手段。涉及实施FATF关于使用加密货币打击洗钱和资助恐怖主义的最新建议的立法创新:有必要改进在非法活动中使用加密货币的反制领域的国家政策;协调乌克兰控制和执法机构在打击非法使用加密货币及其与外国主管当局的互动方面的工作;检测和终止与非法使用加密货币有关的活动的最新形式和方法;分析将加密货币用于非法目的的潜在风险和威胁;阻止宣传使用加密货币作为非法活动支付手段的可能性,并为各种形式的非法活动提供资金;与目标受众就不可允许将加密货币用于非法目的以及立即向当局通报已确定案件的必要性进行法律工作。
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引用次数: 0
Creation of special technical means on the basis of SDR devices 基于SDR设备的特殊技术手段的创造
A.V. Haryst
The article is devoted to the review of possibilities of creation of specialtechnical means on the basis of SDR devices and principles of construction oftransceiver devices which have a possibility of use at performance of various tasksand the purposes. The principles of construction of SDR devices and their featuresare considered in the article. When creating special hardware, the basic principle is a flexible architecture thatcan be changed with the help of software. This allows to organize communicationbetween two or more different types of devices, for example, to switch betweencommunication channels and change the type of modulation. When using SDR devices, it is possible to significantly simplify the technical part. The hardware platform can bequickly reprogrammed to support new communication and data exchange standards.Digital signal processing provides greater speed and it is easier to maintain than otheranalog systems. It is noted that the SDR receiver is a universal device that can combine the functionsof various radio devices. Following the concept of SDR, the author concludes that theideal SDR receiver should contain as few elements as possible, while an important factor in the use of SDR devices is the replacement of most analog components. It is emphasized that devices that are built on an analog element base have a much higher complexity of design than SDR devices and do not have the flexibility required in today’s conditions of rapid change in communication standards.
本文综述了在SDR装置的基础上创造特殊技术手段的可能性,以及有可能用于执行各种任务和目的的收发器装置的构造原理。本文讨论了SDR器件的结构原理及其特点。在创建特殊硬件时,基本原则是灵活的架构,可以在软件的帮助下进行更改。这允许在两个或多个不同类型的设备之间组织通信,例如,在通信信道之间切换和改变调制类型。当使用SDR设备时,可以大大简化技术部分。硬件平台可以快速重新编程以支持新的通信和数据交换标准。数字信号处理提供了更快的速度,比其他模拟系统更容易维护。特别指出,SDR接收机是一种集各种无线电设备功能于一体的通用装置。根据SDR的概念,作者得出结论,理想的SDR接收机应该包含尽可能少的元素,而SDR器件使用的一个重要因素是替换大多数模拟元件。强调的是,建立在模拟元件基础上的设备具有比SDR设备更高的设计复杂性,并且在当今通信标准快速变化的条件下不具备所需的灵活性。
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引用次数: 0
Content of Canada's national biological threat response program 加拿大国家生物威胁应对计划的内容
Mykola Shilin, M. Velichko
Today the task of counteracting biological threats in the world has become extremely important. Any states that take proper care of national security attach great importance to it, establish appropriate systems and develop government programs. In Ukraine, the domestic system for combating biological threats is in its infancy. Therefore, foreign experience in the formation of relevant systems, in particular Canada, which is one of the countries where this problem has already been successfully solved, can be useful. The article examines the content and purpose of Canada’s comprehensive national biological threat program. The following structural elements are defined: biosecurity program, biosafety program, as well as the program of control (supervision) of biomedical activities of institutions related to the use of hazardous biological agents, state management support for the implementation of biosecurity and biosafety requirements, communication program of subject ensuring biosecurity and biosafety with the public, the program of information and analytical support of biosecurity and biosafety, the program of control over observance by institutions of performance of the biosecurity and biosafety established requirements. The content of each of these elements of this comprehensive program is revealed.The purposes of Canada’s national comprehensive biosecurity and biosafety program are to ensure the safe handling, handling and storage of hazardous pathogens and toxins, and to prevent the use of research in that country which harm human health and safety. It is the core of Canada’s national biological threat management system. Its development was due to the peculiar approach of this country to solve this problem. It is substantiated that this positive experience of Canada in forming a comprehensive program of biological security and biological protection should be used in Ukraine in developing a national program that will help counter threats to Ukraine’s national security of a biological nature, including biological terrorism.
今天,对抗世界上的生物威胁的任务已变得极其重要。凡是重视国家安全的国家,都高度重视,建立相应的制度,制定相应的政府计划。在乌克兰,同生物威胁作斗争的国内制度正处于初级阶段。因此,外国在形成有关制度方面的经验,特别是加拿大,它是这个问题已经成功解决的国家之一,可以是有益的。本文考察了加拿大全面国家生物威胁计划的内容和目的。定义了以下结构元素:生物安全计划,生物安全计划,以及与使用危险生物制剂有关的机构生物医学活动的控制(监督)计划,国家对实施生物安全和生物安全要求的管理支持,确保生物安全和生物安全的主体与公众的沟通计划,生物安全和生物安全的信息和分析支持计划,对机构遵守生物安全和生物安全既定要求的行为进行控制的程序。揭示了这一综合方案的每一个要素的内容。加拿大国家综合生物安全和生物安全方案的目的是确保危险病原体和毒素的安全处理、处理和储存,并防止在该国进行危害人类健康和安全的研究。它是加拿大国家生物威胁管理系统的核心。它的发展是由于这个国家解决这个问题的独特方法。有证据表明,加拿大在制定生物安全和生物保护综合方案方面的这一积极经验应在乌克兰用于制定一项国家方案,以帮助应对对乌克兰国家安全的生物性质的威胁,包括生物恐怖主义。
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引用次数: 0
Implementation of a computer polygraph in the security and defense sector ofUkraine 计算机测谎仪在乌克兰安全和国防部门的实施
S. Kazmiruk, Yu. Bura, Maksym Bilan
The article is devoted to the analysis of issues related to reveal of the hidden and unreliable information using computer polygraph in the security and defense sector of Ukraine. The article covers challenges of methodical support of this activity. The author describes modern tendencies and directions of computer polygraph application. According to the analysis of the US positive practice the improvement actions for the methodological support of personnel management, forensic and anticorruption expertise in the area of national security and defense of Ukraine was suggested. The introduction of a computer polygraph would foster change in the existing contradictions between outdated approaches and the new technologies and systematically shift to work with innovative techniques, technologies and tools that are effectively used in NATO based on the analysis of the positive US experience in detecting hidden and unreliable information. In particular, topical issues for the introduction of a computer polygraph are the rationale and selection of the methods, standards and tools (polygraph, special software, common terminology) that correspond to the legal, informational and technical requirements.The employment of a computer polygraph in accordance with international standards would contribute to effective accomplishment of the following main tasks (as defined by the activities of the Security Service of Ukraine (SSU)): conducting psychophysiological control over the staff, personnel management; appointment and conduct of forensic expertise and expert research; countering terrorism; prevention and detection of corruption offenses in the public activity, anti-corruption expertise; development of a series of military standards to standardize both the terminological apparatus of the polygraph sphere and the development and implementation of so-called operational standards into the components of the security and defense sector. The main of the standards purposes would be the description and standardization of procedures and methods in this area. In particular, the use of a computer polygraph will increase the effectiveness of the main tasks implementation in the SSU to identify the causes, preconditions and circumstances of crimes and offenses, as well as the introduction of preventive measures for committing socially dangerous and/or criminal deeds. The current aspect, dictated by the use of the computer polygraph, is the fight against sabotage and terrorist acts at military facilities, the fight against hostile sabotage and reconnaissance groups on the territory of Ukraine.
本文旨在分析利用计算机测谎仪揭示乌克兰安全和国防部门隐藏和不可靠信息的相关问题。这篇文章讨论了有系统地支持这一活动所面临的挑战。介绍了计算机测谎仪的现代应用趋势和发展方向。根据对美国积极实践的分析,提出了在乌克兰国家安全和国防领域对人员管理、司法和反腐败专业知识提供方法支持的改进措施。计算机测谎仪的引入将促进过时方法与新技术之间现有矛盾的改变,并系统地转向在北约有效使用的创新技术、技术和工具,这些技术、技术和工具是基于对美国在检测隐藏和不可靠信息方面的积极经验的分析。特别是,引入计算机测谎仪的主题问题是符合法律、信息和技术要求的方法、标准和工具(测谎仪、专用软件、通用术语)的基本原理和选择。按照国际标准使用计算机测谎仪将有助于有效完成下列主要任务(根据乌克兰安全局的活动确定):对工作人员进行心理生理控制、人事管理;任命和进行法医鉴定和专家研究;打击恐怖主义;预防及侦测公众活动中的贪污罪行,提供反贪专业知识;制定一系列军事标准,使测谎仪的术语设备标准化,并在安全和国防部门的组成部分中制定和实施所谓的操作标准。标准的主要目的是描述和标准化这一领域的程序和方法。特别是,使用计算机测谎仪将提高特别调查科执行主要任务的效率,以查明犯罪和违法行为的原因、先决条件和情况,并采取预防措施,防止犯下危害社会和/或犯罪行为。在使用计算机测谎仪的情况下,目前的工作是打击对军事设施的破坏和恐怖主义行为,打击在乌克兰领土上的敌对破坏和侦察集团。
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引用次数: 0
Illegal handling with radioactive materials: investigation and criminal liability 非法处理放射性物质:追究刑事责任
O. Knyzhenko, S. Knyzhenko, O. Shamara
This article covers current issues of investigating the illegal handling with radioactive materials. Attention is also paid to the problems of criminal qualification of acts related to the illegal handling with the materials mentioned above. The conditions for exemption from criminal liability in the case of acquisition, carrying, storage, use, transfer, modification, destruction, spraying or destruction of radioactive materials (sources of ionizing radiation, radioactive substances or nuclear materials in any physical state in the installation or production or otherwise) without the permission provided by law are disclosed.Emphasis is put on the fact that the use of radiation technologies in production, medicine and other spheres of life necessitate the development of appropriate safety measures, compliance with which will save the lives and health not only of individuals but also of the population in a whole and the environment. It is argued that updating the methods of learning criminal offenses under investigation, which are becoming more daring and carefully prepared, requires the development of modern forensic tools and methods to combat them. It is noted that law enforcement agencies need the help of specialists in nuclear physics, radiology and other fields of knowledge at the initial stages of the investigation of the above-mentioned crimes. Therefore, the purpose of the study was to determine the areas of use of specialist assistance in the investigation of radioactive materials illegal handling, as well as to highlight current issues of criminal qualification of these acts, which most often occur in law enforcement. It is noted that in Ukraine, nuclear forensics is not developed enough and requires the joint work of forensic scientists and experts from various fields of knowledge, which will allow to develop list of effective recommendations and algorithms for law enforcement officers in investigating criminal offenses related to trafficking in radioactive materials. Emphasis is placed on the fact that the use of special devices in the investigation of examined crimes is due not only to the tasks of investigation but also safety when working with radioactive substances, as it depends on timely detection and measurement of radiation levels performed by special devices. It is concluded that in the investigation of the examined crimes the assistance of specialists in the field of nuclear physics, radiology, chemistry, medicine is needed in the following areas: development of radiation and hygienic regulations for employees of the investigative and operational group who work with radioactive materials; conducting a mandatory medical examination of all participants in the investigative (search) actions after work with such materials; conducting trainings with law enforcement officers in order to obtain basic knowledge about radioactive materials, rules for handling them, including the ability to use protective equipment; development of
本文介绍了调查放射性物质非法处理的最新问题。对上述材料的违法处理行为的刑事资格问题也予以了关注。披露未经法律规定许可,取得、携带、储存、使用、转让、改造、销毁、喷洒、销毁放射性物质(电离辐射源、放射性物质、处于任何物理状态的核材料)的刑事责任豁免条件。委员会强调,在生产、医疗和其他生活领域使用辐射技术,必须制定适当的安全措施,遵守这些措施不仅可以挽救个人的生命和健康,而且可以挽救整个人口和环境的生命和健康。有人认为,正在调查的刑事犯罪正变得越来越大胆和精心准备,更新研究方法需要发展现代法医工具和方法来对抗它们。委员会指出,执法机构在调查上述罪行的最初阶段需要核物理学、放射学和其他知识领域的专家的帮助。因此,这项研究的目的是确定在调查非法处理放射性物质方面使用专家协助的领域,并强调目前这些行为的刑事资格问题,这些行为最常发生在执法中。人们注意到,在乌克兰,核取证还不够发达,需要法医科学家和来自各个知识领域的专家的共同工作,这将能够为执法人员调查与贩运放射性材料有关的刑事犯罪制定有效的建议和算法清单。委员会强调,在调查所审查的罪行时使用特殊装置,不仅是出于调查任务的考虑,而且也是出于处理放射性物质时的安全考虑,因为这取决于由特殊装置及时探测和测量辐射水平。结论是,在调查所审查的罪行时,在下列领域需要核物理学、放射学、化学和医学领域的专家的协助:为从事放射性材料工作的调查和行动小组的雇员制定辐射和卫生条例;在使用这些材料后,对所有参与调查(搜寻)行动的人员进行强制性体检;对执法人员进行培训,以获得有关放射性物质的基本知识、处理放射性物质的规则,包括使用防护设备的能力;开发放射性物质的个人防护装备、检测、固定和回收(包括包装和运输)手段。
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引用次数: 0
Development of a tool for the local application of identification marks on thefront panels of special equipment 开发一种工具,用于在特殊设备的前面板上局部应用识别标记
V. Nesin, L. Diachkova, O. Boyko
The article is dedicated to the analysis of the problems of manufacturing the local marks on the front panels of special equipment. The article deals with the issues of ensuring the transfer of the coloring material by the instrument. The article investigates the physical processes of capillary interaction of liquid and solid substances at the stages: 1) applying paint to the tool; 2) state of saturation of the instrument with the coloring liquid; 3) applying of paint on a product. For effective staining, it is necessary to concentrate the dye at the end of the instrument. But on a simple tool part flows down the surface and goes beyond the end. It is necessary to stop the flow of a liquid portion over the surface of the instrument and return the paint to the end of the instrument to simplify manipulations. Tool shape model is proposed for the local application of identification marks on the front panels of special equipment. It is proposed to stop the movement of paint on the tool by limiting the area of distribution. Limitation is implemented by forming a reverse trimmed cone at the end of the tool. Gravity returns a portion of paint to the surface of the tool.
本文对特种设备前面板局部标记制造中存在的问题进行了分析。本文论述了该仪器对上色材料转移的保证问题。本文研究了液体和固体物质毛细管相互作用的物理过程:1)在工具上涂漆;2)仪器与着色液的饱和状态;3)在产品上涂漆。为了有效染色,必须在仪器结束时浓缩染料。但在一个简单的工具上,零件沿着表面流动并超出末端。有必要停止仪器表面液体部分的流动,并将油漆返回到仪器的末端,以简化操作。针对特种设备前面板识别标志的局部应用,提出了刀具形状模型。建议通过限制分布区域来阻止油漆在工具上的运动。限制是通过在工具的末端形成一个反向修整的锥体来实现的。重力使一部分油漆返回到工具表面。
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引用次数: 0
期刊
Collection of Ukrainian Research Institute of Special Equipment and Forensic Expertise of the Security Service OF Ukraine
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