Polina Antoniuk, PhD, Professor of Criminalistics and Forensic Science

Department of the National Academy of Forensic Science

ON PROFESSIONAL COMPETENCY OF FORENSIC EXAMINER

Forensic examination - class independent forensic examinations conducted to

study on the basis of special knowledge of material objects that contain information

about the circumstances of the case, which is in the proceedings of the preliminary

investigation or trial.

The legislator establishes restrictions on forensic activities associated with

conducting forensic examinations, granting such authority only to specialized state

institution - Bureau of forensic examinations.

Moreover, the author not only determines the competence of legal expertise,

but also establishes certain qualifying requirements for specialists of public

institutions forensics: higher medical (pharmaceutical) education, special training in

conducting forensic examinations and a certificate for the title of a forensic expert.

Feature forensic expert activity is not only in the field of special features

forensic expert knowledge - medical science, but also in a variety of objects of study

forensics, determining the limits of its competence and, accordingly, the criteria for

professionally significant competences forensic expert, which determine the degree

of his overall professional competence.

Logically, to have minimum professional competence in any kind of social

activity can not only during training. Feature forensic activities, social significance of

results - expert opinion - puts on a special place in the structure of the professional

component forensic expert is the presence of experience, so-called "expertise" - a

complex psychological structure that characterizes the individual personality as a

forensic expert and combined with the expertise, skills and habits of their application

is customized professional competence of a particular court expert.

When the existence of the phenomenon of forensic casuistry availability of

expertise specifically for forensic expert is of particular importance.

However, the acquisition of expertise is not possible without expert thinking.

For forensic expert availability of expert thinking only inadequate. Feature

requires the subject of availability is a forensic expert thinking as a form of clinical

medical thinking.

An important aspect of forensic expert thinking is not only the process of its

formation, which is provided when obtaining expert professional special education

(medical and pharmaceutical), but also the need for its constant improvement that is

provided in the process of acquiring expertise and to ensure continuity of professional

self-development and self-education.

The colossal expansion of the information space, due to scientific and technical

progress, prevents assimilation person all at a deep level of knowledge in a particular

area. These circumstance, in turn, changes the approach to professional qualifications

forensic expert to give meaning to a new position of professional competence -

specific skills to apply the knowledge.

Thus, the main components of the professional competence of modern forensic

experts believe the forensic medical expert thinking (formed by the acquisition of

professional and specialized knowledge) and expertise (acquired as a result of

professional activities on the use of professional and specialized knowledge).

The approach to professional competence forensic expert at the possible

creation of a single scientific, practical and theoretical space that will provide

continuity of professional self.

A. Antoshchuk, PhD, Lecturer of Criminalistics and Forensic Science

Department of the National Academy of Forensic Science

ON THE NEED OF PSYCHOLOGIC AND PSYCHIATRIC

EXAMINATION OF FEMALE SUSPECTS OF INFANTICIDE

One of the objectives of criminal proceedings, in accordance with Art. 2 of the

Criminal Procedure Code of Ukraine have to each participant of criminal proceedings

was applied due process. In determining the due process are important examination.

Of particular importance in this context becomes appointment and conduct forensic

examinations regarding the suspect in the murder of a newborn baby.

In all cases the commission of such a crime, an investigator or prosecutor to

determine the mental state of the suspect, shall after installing mother, who

committed a murder, assign a forensic psychological and psychiatric examination.

Without forensic psychological and psychiatric examination do not doubt the

presence of psychological usefulness suspected of murdering a newborn baby. The

grounds for such doubts can be run on witnesses strange behavior in suspected action,

violence and murder related actions. The main objective of this examination are as follows:

1) establishment of a suspect at the time of killing condition that can affect his

consciousness and activity (not in a state of physiological affect, the condition was

just before the murder of a newborn child, as it affected the ability to understand the

situation, understand the significance of his actions and control them);

2) the establishment of temporary mental disease or disease state at the time of

the murder suspect and his ability to control his actions.

In connection with the release of the criminal law murder of a newborn baby in

a separate structure, the role of the findings of psychological and psychiatric

examinations significantly increased. The question posed before the investigating

experts must meet the requirements established by law. Moreover, they reflect and

legal literacy of the investigator. The right questions to the experts lay the

groundwork in advance what the answers will be complete and will make the right

decision, and therefore to apply due process.

І. Bilous, Researcher of Educational and Scientific Institute No 2 of the

National Academy of Forensic Science

SPECIFIC FEATURES OF FORENSIC EXAMINATION OF

COUNTERFEIT IDENTIFICATION DOCUMENTS

Identity documents accompany almost all legal relations of a modern person,

and therefore the greater demand a document has the more chances it has to be partly

or completely forged.

Unfortunately, no matter how hard developers and producers try to produce

identity documents with a protection system, there are cases of counterfeiting.

Identity documents with signs of forgery, unfortunately, are more used by

criminals in their illegal activities. E.g. in the illegal seizure of property or getting a

bank loan. Mostly criminals change the photo of the owner, the passport pages,

reproduce the registration stamp and marital status using symbol - printing devices.

If illegally crossing the state border of Ukraine, the organization of illegal

migration and human trafficking forged passports are used. Also the criminals change

pages with the information about the owner of the document, pages with visa stamps

and other changes in the data contained in the passport.

More serious in its consequences are criminal offenses, including participation

in terrorism and intelligence-subversive activities which are committed using the

professionally printed fake identity documents using all the possibilities of modern

symbol - printing devices and quick methods of printing.

As a result, such fake passports and other identification documents can’t be

distinguished from the real ones without the involvement of an expert, who using

appropriate techniques and methods of forensic technical examination of documents

and forensic equipment can establish the fact of forgery.

In order to prevent forgery of identification documents there were created new

forms of documents containing contactless electronic chips with protection

mechanisms that prevent the fabrication and are satisfied with International Civil

Aviation Organization (ICAO), state (national) and international standards. Since

January 1, 2015 our country has started to produce and issue documents confirming

the citizenship of Ukraine, identifying personality or a special status with implanted

contactless electronic chips.

Introduction of the new samples of identity documents using new printing

technologies and the protection mechanisms has raised a problem of analysis of the

most common methods of falsification, research methods and also development of

modern methods of research and detection which may reveal forgery. The relevance

of this problem is the main idea of this article.

The purpose of the proposed article is to systematize the forgery features

analyzing forgery methods of producing identity documents with the latest printing

technologies.

G. Bidniak, Senior Lecturer of the Department of Criminology, Forensic

Medicine and Psychiatry of the Dnipropetrovsk State University of Internal Affairs

PARTICIPATION OF FORENSIC SPECIALIST IN EXAMINATION

OF DOCUMENTS IN COURSE OF INVESTIGATION OF FRAUD

As you know, the involvement of a specialist to the investigation during the

investigation of crimes, including fraud is a form of use of expertise by the pre-trial

investigation.

Review documents - this investigative action that involves their studies and

research to identify and fix features that provide the documents mentioned evidence.

From other investigative (detective) activity (examination, examination etc.), this

investigative action direct perception of different documents during discovery.

As a general rule supervisor review the documents are investigating. However,

among scientists and criminologists sustained debate over the role of investigator and

specialist in the investigations.

In general, there are points of view:

- Specialist can perform only what it indicates what the investigator;

- The investigator determines only the nature or direction of specialist;

- Specialist operates independently (given the lack of special investigative

forensic knowledge), including on the use of forensic methods and means, if it is not

contrary to the purposes and objectives of investigative action.

Analysis of investigative practice shows that the majority of fraud associated

with the use of various documents (written, graphic, electronic, etc.), usually false,

checks, certificates, reports, invoices, statutes, orders, etc.) made using Copy-

multiplying technology, printing, painting, construction, etc. and then making records

and handwritten signatures.

Quite full is a general classification of the main documents used during the

commission of fraud determined by O. Musienko:

- Documents whose content is subject to fraudulent attacks;

- Documents are the means of committing a crime;

- Documents a means of concealing the crime;

- Documents describing the offender;

- Documents containing information on other significant circumstances of the

case.

Forgery of these documents can be both material and intellectual, because

during their view it is advisable to involve experts in various fields of knowledge,

most forensic specialists.

In criminal proceedings for fraud is often carried out technical and forensic

research cliche prints stamps (stamps); signatures overlap with stamps, blank

documents; signatures made using equipment; blank documents and more. Often such

studies require expertize in the field of handwriting examination and technical and

forensic examination of documents.

During the document review should establish and record their symptoms are

that:

- Identifying document content: name, details, availability signatures, stamps,

serial number and date of issue, the words of which begins and ends the document

summaries;

- Identifying document form, character symbols (words, numbers, pictures,

etc.) way to perform written characters (handwritten, typewritten, typographical);

- Identifying material document: the name of the material, color, size, density,

nature of injuries, signs of ways to restore the integrity of the document;

- Indicate forgery, erasures, postscript, correction, and etching, rinsing text,

photo substitution or replacement of certain parts of the document;

- Indicate the document link with criminal event other qualities.

To study specialist may use different techniques (portable microscopes,

magnifiers, lights, etc.) and research methods that do not damage and do not change

the document.

Given the rapid development of computer technology often there is a need to

review not only paper but also electronic.

M. Haryha-Hrykhno, Lead Expert of the Chernihiv Region Scientific

Research Forensic Centre of MIA of Ukraine

TECHNIC OF RECONSTRUCTION OF FACE BY HUMAN SKULL IN

FORENSIC SCIENCE: BEST FOREIGN AND DOMESTIC PRACTICES

When the corpse of a human is found, it is possible to identify it, as a rule,

almost immediately. It is recognized by external features, found documents, clothing,

or fingerprints. But quite often, it happens that it is impossible to identify the identity

of the deceased with the help of this method, this may be the case, if the corpse is at

the stage of decomposition or the body is damaged to such a level that couldn`t be

recognized. Because often when you manage to identify the personality thanks to the

study of the skeleton, it helps to fasten the process of solving the case. Therefore, the

problem of identification of the skeletons is a highly relevant topic, but still little

developed in contemporary Ukrainian criminology. 

The restoration of the face of the skull or method of anthropological

reconstruction of the image on craniological basis is an applied method of

anthropology that allows reconstructing the portrait of the skull (face) of the person to

whom that skull belonged based on the external data of the skull. 

When creating portraits a threat of a certain distortion of the image obtained as a

result of subsequent stages is negligible, because in determining the hairstyles the

most striking ethnic features are always taken into account, and the clothes is

reproduced according to archeology. Therefore, the portrait can be supplemented

with an image of hairstyle, clothes and jewelry if the information about them is quite

reliable. Reconstruction of the external appearance of a person's skull can be realized

both in the form of sculptural and graphic image. At the stage of graphical

reconstruction, the skull is photographed in the main projections (but the most

informative is the profile) using the kubus (cube)-craniophor, on the basis of photos

or using the degraf the profile of the skull is built. In the diagram of the skull teeth

ridge (if necessary), lower jaw (if there is no), the muscle, the eyes, the lips, the nose

are reconstructed. The most interesting and most difficult is the stage of sculptural

reconstruction. According to the table of thicknesses and surface correlations by

Gerasimov, with calipers, sculpted of clay and superfine blades, the bars beacons of

appropriate height, with the thickness of about 5 mm are made, which are placed in

the main points corresponding to the measurements by Gerasimov. Once all the

beacons are made in all the craniometric points on the profile and the Frankfurt

horizontal, they are connected by ridges of the same clay so as not to damage the

height of the beacons. Therefore, the height of the ridge between the height of

beacons should be uneven, and at its one end to be equal to the nearest lighthouse,

and on the other to increase relative to another beacon. 

Then, two main lines are fully formed (the front and the line of the Frankfurt

section, which is the equator of the skull and runs along the lower edge of the eye

orbit to the upper edge of the ear hole. The gaps between the ridges are filled with

wax or plasticine. In accordance with the individual anatomical features, the eyeballs,

the shape of the eyes and eyelids are modelled. The computer is easy to use, but the

reconstruction obtained by the computer method is not highly accurate. But all the

results got by these methods are approximate and standardized within the standard of

the programme. On the contrary, if you work directly with the skull, it provides the

maximum accuracy of selection of the thickness of the fabrics for this relief. An

anthropologist can reconstruct the smallest details such as wrinkles and small defects

of the face, which the computer cannot reproduce. Such accuracy is particularly

important in criminalistics. It is possible only if you work directly with the skull.

I. Homeniuk, Deputy Head of the Department of Rivne Region Scientific

Research Forensic Centre of MIA of Ukraine

S. Honhalo, PhD, Assistant Professor of the Department of Justice and

Criminal Legal Disciplines of the National University of Ostroh Academy

PROBLEMS OF OBTAINING SAMPLES FOR THE FORENSIC

EXAMINATION OF HANDWRITING AND THEIR POSSIBLE SOLUTIONS

The investigation of any crime should be based on the principle of innocence.

One of procedural sources of evidence is expert opinion.

To achieve objectives the expert should not only provide a research facility,

but also relevant and comparative samples.

One of the most common forensic examinations are carried out within the

framework of criminal proceedings is s widow and handwriting examination. Value

of expert opinion and the results of this examination largely dependent on volume

and count as spine and provided comparative material [1, p. 75]. However, the

holding of proper comparative samples for forensic handwriting examination remains

an important and urgent problem of will.

Obtaining of samples for examination is regulated by the article 245 of

Criminal Procedure Code of Ukraine.

Results of analysis of expertise in practice shows a count that the least

mistakes in course of forensic handwriting examination occur within the criminal

process on the materials of the investigation of the MIA, largely due to expert

providing better quality of comparative material in.

However, examiners of handwriting work not only within the criminal but

within administrative, civil and economic cases. It is within these proceedings and

encounter problems with the provision of high-quality comparative samples (in

compliance with existing methodological requirements) for identification research.

According to the results of analysis of material civil, administrative, economic

affairs of last year only 10 % of submitted samples complete enough to allow experts

of Rivne NDEKTS to immediately begin the study of objects forensic handwriting

examination, in 90 % of cases experts have to suspend expertise and file a request for

providing additional handwriting samples (signatures) studied individuals.

The volume of sample should enable full and comprehensive comparison of

features in the test facility and provided comparative material.

Some them are comparative samples that can be compared with the sample

(signatures, manuscripts) on time performance (they belong to the same period as the

studied, or be performed with little gap in time), by type of document, language and

content writing materials and, if applicable, under the same conditions of

performance.

But in practice, these rules and requirements for comparative material grossly

violated, and in some cases not at all satisfied.

By binding requirements on quality samples for comparison also owns

certainty the origin of the samples of handwriting and signatures artist intended.

In cases where there was an expert aye questioned the validity of any sample,

the expert should not use it as a send it to the investigator or the court to determine

the origin.

It should be noted that in the current civil procedural laws are no rules that

stipulate the procedure for obtaining samples for expert research. Therefore, it is

appropriate at supplement of Civil Procedure and the Commercial Procedure Code of

Ukraine legal norm whose content regulated to obtain samples for examination, for

example as follows "In case you need samples for examination are selected party

proceedings, which applied for the examination or at the request of any expert

appointed by the court or by order of a court expert involved" somehow changing the

relevant articles of the codes.

D. Dabizha, postgraduate student of the Criminal and Forensic Science

Department at the National Academy of Internal Affairs

CLASSIFICATION OF RECORDS AND INFORMATION SYSTEMS

The Article highlights classification of records and information systems. The

theory underlying problematic issues of criminal records and their classification has

been developed by Ukrainian and foreign experts in criminal science and information

law. However, a number of such issues still require discussions and solutions. In

particular, scientists have no unanimous approach to classification of records and

information systems, whereas such approach would be much helpful for streamlined

information flows supporting investigations of criminal offences. This is the key

factor of significance of this study. The novelty is based on the comprehensive study

of records and information systems classification taking into consideration the

effective Ukrainian Code of Criminal Procedure, and in development of the author’s

classification of information systems based on various aspects.

When analysed on the basis of the territory aspect, records and information

systems may be, suggestively, broken down as follows:

1) Vertical Classification: (a) intergovernmental information systems, such as

the UNO global information system, the Interpol information system and the regional

information system of the Administration of the Interpol Office in Ukraine; (b)

central information systems, i.e. information systems of central bodies in charge of

pre-trial investigations and crime detection and investigative operations, and other

authorities having administrative functions; (c) regional information systems, i.e.

information systems implemented in regional authorities and agencies in charge of

pre-trial investigations and crime detection and investigative operations, etc.; and (d)

local information systems, i.e. information systems implemented in local authorities

in charge of pre-trial investigations and crime detection and investigative operations,

etc.

2) Horizontal Classification: branch information systems, i.e. information

systems implemented in branches (departments) of bodies and agencies in charge of

pre-trial investigations and crime detection and investigative operations, etc.

Classification based on designated purpose and assignments is supposed to be

important for efficient use of information systems. Therefore, criminal records are

suggested to be broken down, based on their designated purpose, by crime detection

and investigative operations records, investigative reference records and supporting

reference records.

In addition, records and information systems may be classified based on the

types of information sources (documentary and factual); based on automation level of

information systems (non-automated and automated); based on the type of access to

information systems (open access and restricted access).

Records and information systems may be also classified on the basis of other

criteria depending on the objective, and the aforementioned list may be extended.

However, even the above classifications of records and information systems would

enable more efficient use thereof in investigations of criminal offences.

A. Dyvnych, Forensic Examiner of Poltava Region Scientific Research

Forensic Centre of MIA of Ukraine

D. Stativka, Lead Forensic Examiner of Poltava Region Scientific Research

Forensic Centre of MIA of Ukraine

O. Dyvnych, PhD in Economics, Associate Professor of the Department of

Economics of Poltava State Agricultural Academy

INFLUENCE OF ECONOMIC FORCES ON CRIME RATE IN

UKRAINE

Nearly all processes in social life are integrated and interrelated. Despite the

fact that the Constitution of Ukraine declares a human, his or her life, health, honor,

dignity, inviolability and safety to be the greatest social value, criminality still

remains a powerful destructive factor influencing the functioning of state institutions

as well as relations between members of society.

A lot of researchers pay a special attention to the importance of the function of

determining reasons and conditions abetting committing crimes. Criminality as a

negative social phenomenon is by no means connected with economic processes in a

state. Taking into account the lack of normative procedures of determining reasons

and conditions abetting committing crimes, it is necessary to mention the special role

of an expert. An expert in economy is enabled to put into his or her expert

examination conclusion all information which has been found in the process of

examination and is important for criminal proceeding despite the fact that an expert

has not been asked about this information. In most cases economic indicators give a

precise reflection of the level of development of economic entities and the

peculiarities of changes in the development of society where these economic

processes take place. At the same time the approaches based on the determining law

order level using economic indicators for monitoring and forecasting on state,

regional or local level are not paid special attention and need more detailed research.

We have determined that the negative trends in economy which caused 5,29 %

annual decrease in GDP per capita on average were followed by 0,81 % increase in

number of all registered crimes per 1 thousand economically active people capable

for work. This means that economic factors have a substantial impact on fluctuations

of criminality level.

The examination of reasons and conditions abetting committing crimes is

necessary to start from the analysis of all information concerning indicators of social

and economic development of a certain economic entity, a settlement, a territory, a

region etc. It is necessary to find out dominating factors and make up an appropriate

econometric model on the base of empiric analysis. This model can be used for

providing special recommendations, determining predictive criminogenic ratings and

taking steps to decrease the level of criminality by improving the methods of law

order protection, reducing social tension and standardization of economic processes.

The research of reasons abetting committing crimes on state level has

determined that the increase of index of crime number of 1 thousand economically

active people at the age of 15-70 can be caused by 0,177 % decrease of output of

goods (work, service); 2,46 % decrease of the level of unemployment of

economically active population at the age of 15-70 and 0,24 % increase of inflation

rate compared with the previous year.

Criminality as a phenomenon is not caused by only economic factors.

However, the current situation shows that if preventive measures to avoid the

negative effect of economic reasons and conditions abetting committing crimes are

not taken, it has a reverse destructive impact on investment climate. The above

mentioned circumstance impedes the development of national economy and has an

additional negative impact on the level of criminality. The processes of recession in

economy provoke, accelerate and stimulate the increase of the level of criminality.

The effective analysis of determining of the relation between the state of law

order and social and economic factors can be done by the means of economic

analysis. We offer to expand a list of tasks of economic expert examination regarding

the analysis and forecasting of the consequences of the impact of economic factors on

social changes. The above mentioned impact can be researched concerning

criminogenic situation in a certain settlement as well as on regional and state levels.

N. Klymenko, Full Doctor in Law, Professor, Professor of the Department of

Criminal Law, Criminal Law Procedure and Criminology of European University

V. Fedchyshyna, PhD in Economics, Professor of the Department of

Intelligence Activity of the University of State Tax Service of Ukraine

MODERN STATE AND PROBLEMS OF FORENSIC ECONOMIC

EXAMINATION

Forensic economic expertise, which in modern expert study belongs to a class

forensic documentary, based on a study traces patterns of reflection and formation

documents information on economic and financial-economic activity of enterprises

and organizations of all forms of ownership. Various scholars have thought

T.V. Aver'yanovoyi, V.H. Honcharenka, Yu.H. Kryukova, Yu.K. Orlova, O.R.

Rosinskoyi, A.M. Zinina, P.A. Yani and other forensic capabilities on economic

expertise.

Investigation of various economic crimes are complicated and the need to

deepen investigation into the mechanism of management, the processes of economic

entities and accounting information - complex transactions disguised fraud and tax

evasion.

Average class legal expertise on economic lineages enables precise objectives

and the competence of each kind of economic expertise, research facilities and

developing appropriate criteria methods.

Modern economic expertise in areas of research is divided into research

documents: accounting and tax; financial and economic activity; financial and credit

operations.

Economic assessment is due to the need for special knowledge in economy on

accounting, taxation, controls, analysis of the financial and economic activities for

completeness, comprehensiveness and objectivity of research factual circumstances.

Tax Code of Ukraine legally defined the tax assessment, but in the modern

classification of economic expertise direction of tax expertise available.

In the investigation of tax crimes have problems related to the specific subject

of study. This delays the examination and necessitates the creation of expert units in

the fiscal system of the State Service of Ukraine appoint and conduct tax

examinations, which have to be solved, within the judicial and economic.

Question economic expertise is also regulated by the Law of Ukraine "On

Auditing" and issued the results of audit services in the form of expert opinion or

expertise act.

Special economic knowledge successfully used for the prevention of economic

crime, however, modern forensic capabilities and economic expertise is not used in

full.

The solution outlined in this article, the problems increase the efficiency of

establishing the facts which have probative value on the basis of special economic

knowledge, and provision of constitutional principles and legal norms guaranteeing

citizens' rights and free enterprise.

Y. Komarynska, PhD, Associate Professor, Assistant Professor of the

Department of Criminology and Forensic Medicine of the National Academy

of Forensic Science

FORENSIC SUPPORT OF THE INVESTIGATION OF EXPLOSIONS

OF DOMESTIC, INDUSTRIAL AND MILITARY DEVICES

Hard truth today is around us, regardless of the aim and purpose, the large

quantity of explosive devices and substances capable of under the influence of certain

energy explode thereby harm not only the material nature, but unfortunately, as it

often happens, damage to health or life of man.

Given the socio-political situation in the country, the fighting in the east of the

country, where many weapons falls on peaceful territory, the spread of terrorism

around the world ceases to amaze the fact that people got used to the word "blast" to

reports of an explosion in apartment houses, grenades or terrorist attacks.

But we should also exclude evidence of illegal use in a domestic environment,

or creation of illegal production in underground conditions, industrial explosives,

used for example in mining, construction and others. Also numerous instances of

explosions of gas cylinders, used for cooking, heating, for construction work, as in

the premises and in public places (cafes, snack bars, etc.), car gas equipment, fire

extinguishers, gas networks and gas pipelines and so on.

All of these use cases and use of explosives pose a danger to society and the

environment. That such cases need proper forensic software, to not only determine

the conditions of their application and perpetrators, and to identify ways to obtain

these substances.

After analyzing special forensic literature can be argued that the majority of

publications devoted to the development of certain only investigate crimes involving

the use of explosive devices (inspection of the scene, detection, inspection, seizure

and disposal of explosive devices; an examination of explosive devices,

circumstances and mechanisms explosion). However, scientists were left aside the

question of investigating the facts of improper handling and storage of explosives and

devices, as well as facts and negligence of official negligence, resulting in people

suffering from both material and with the physical side.

According to Article 367 of the Criminal Code of Ukraine negligence, i.e.

failure or improper performance by an official of their duties through unfair attitude

to them, which caused significant damage to legally protected rights and interests of

individual citizens, or state and public interests, or interests of legal entities is

punishable by a fine of fifty to one hundred tax-free minimum incomes, or

correctional labor for up to two years, or imprisonment for up to three years, with

disqualification to hold certain positions or engage in certain activities for up to three

years . The same act that caused any grave consequences, is punishable by

imprisonment for a term of two to five years with disqualification to hold certain

positions or engage in certain activities for up to three years and with a fine of five

hundred to two hundred untaxed minimum incomes citizens or not.

N. Kostuk, Art. Lecturer in psychology, sociology and law Vinnitsia trade and

economic institute KNTEU

D. Stepanets, Deputy Head of laboratory research in the field of information

technology SRECC MIA

PROBLEMS OF INFORMATIZATION OF PROCESS OF LAW

ENFORCEMENT

Research Methodology: using a comprehensive methodological approach,

authors investigated the problem of improving enforcement.

Results: Analyzed the impact of modern information technologies on law

enforcement process, as well as the main directions of development of system of

information support of process of law. Improvement proposed forms and methods of

management information support systems, implement the latest computer information

technology for conducting criminological and forensic accounting, to use efficient

and powerful computer networks, to apply special means of information protection,

to carry out the effective exchange of criminological information at the international

level.

Novelty: The main directions of development of system of information support

of process of law, organization and creation of automated systems of management of

appointments. Attention is drawn to the fact that by applying the law of the state in its

activities, implements two basic functions: organizing the implementation of legal

standards and protects the rights of participants of public relations from violations

and infringements.

The practical significance: On the basis of the conducted research, came to

the conclusion that the application of the law, although it is a legal activity, but is

determined by a number of non-legal factors, therefore, the legislator's task remains

the consideration and synthesis of all these factors, which influence the use and effect

of a law or regulation that they are created. Enhancing the role of law and expanding

areas of enforcement in connection with use of achievements of science and

technology in social management are defined by the fact that under the influence of

new information technologies there is a need to significantly improve the current

structure of state bodies, the system of relations between them, organize the flows

and amounts of information That will contribute to improving the effectiveness of

law enforcement.

The main directions of development of system of information support of

process of law is: the implementation of a unified policy of information security; the

creation of multi-purpose information systems in activity of bodies of Executive

power; upgrading information units modern powerful computer technics; the creation

of conditions for effective functioning of information records, ensuring their

completeness, reliability, timeliness and security; development of information

networks; improvement of organizational and staffing information units; the

distribution network of computer workstations information systems; further

computerization of accounting information; introduction of modern information

technologies.

Y. Tsyhanyuk, PhD, Assistant Professor of the Department of Commercial

and Labor Law of Khmelnytsky Institute of Interregional Academy of Personnel

Management, Attorney

O. Kravchuk, PhD, Deputy Director of the Khmelnytsky Scientific Research

Forensic Center of MIA of Ukraine - Head of the Department of Forensic

Examinations

COMPARISON OF TERMS OF FORENSIC EXAMINATIONS IN

UKRAINIAN PROCEDURAL LAW

The current domestic legislation there is no clear and common to all branches

of procedural law concept specific period of judicial review. Thus, the problem of

introducing regulation of terms of forensic examinations on the basis of comparison

of procedural branches of law and legislation regulating the legal expertise in this

respect is important.

Procedural rules for appointment and conduct forensic examinations are set out

in the Civil Procedure Code of Ukraine, the Commercial Procedure Code of Ukraine,

the Code of Administrative Procedure of Ukraine, the Code of Ukraine on

Administrative Offences, the Criminal Procedure Code of Ukraine, the Law of

Ukraine "On legal expertise" and the relevant subordinate regulations and legal acts

which detail the applicable laws of Ukraine regarding appointment and conduct of

forensic examinations.

According to procedural law judicial examination prescribed in cases where

the resolution of certain issues in the proceedings requires special knowledge.

Common to all is the procedural codes that uniquely examination may be

appointed by the court, taking into account all the bases (also common to all branches

of procedural law) for this, above.

However, the reference to the period of the examination as a structural element

of the court is only art. 144 CPC of Ukraine, as well as in art. 28 Code of Ukraine - in

the context of the reasonable time of investigation (search) action in criminal

proceedings. GIC Ukraine, Ukraine CAS ALCO and question the timing of

examinations not define.

The term begins with the examination of the working day following the date of

the submission to peer institutions, and ends at the day of expert opinion (notice of

inability to express an opinion). If the deadline falls on examination day off, the day

of expiry considered following working day.

Before the examination period is not included deadline applications expert,

deficiencies admitted body (person) that (is) appointed (la) expertise (drawn (la)

expert).

In the case of examination for the one-time contracts (which may take place

only where to spend it in another manner possible) examination deadlines noted in

the contract. This possibility is foreseen p. 19 Resolution of the Supreme Court of

Ukraine "On legal expertise in criminal and civil matters" from 30.05.1998.

Instructions on the appointment and conduct forensic examinations and expert

examinations of the Ministry of Justice establishes the terms of forensics, depending

on the complexity that can be determined only expert, head of the expert institution at

the same time as the procedural codes contain provisions on prior consultations with

experts on the complexity of the expertise and capabilities of its holding defined in

each examination period. This gap creates inconvenience procedural law and, in

certain cases and procedural conflicts between the parties to conduct examination

proceedings. So is procedurally reasonable implementation rules of procedure

provisions for preliminary consultation with an expert or the head of the expert

institution on the complexity of examinations, which are planned to assign.

Also, it should standardize regulation of terms of legal expertise in legal codes

based on public or private nature of the process.

O. Lysyi, Chief Specialist of Odesa Region Service Centre of MIA of Ukraine

STRUCTURE AND DYNAMICS OF AUTOMOBILE THEFTS

The development of the automotive market is an important factor in the

development of national society. An essential outcome is an increase in the number

of crimes in this area, particularly the illicit enrichment.

The article is to conduct criminal legal classification of the crimes of illegal

appropriation of a vehicle with all its structural elements.

In general we can distinguish three types of crimes:

- Crimes aimed at direct acquisition vehicle (Art. 289 of the Criminal Code of

Ukraine (hereinafter - the Criminal Code of Ukraine);

- Crimes aimed at the legalization of the vehicle, which illegally seized (art.

290, 357, 358 of the Criminal Code of Ukraine);

- Crimes aimed at concealing the traces origin of criminal proceeds of crime,

their legalization and laundering (Art. 198, 209 of the Criminal Code of Ukraine).

Results of the study of statistical data concerning crimes under Art. 289 of the

Criminal Code of Ukraine show that during the years 2013-2015 there was a general

tendency to increase their number. Thus, in 2013 the number of such crimes was

6794, in 2014 - 12,644, in 2015 - 1463. However, the dynamics of the disclosure of

such crimes during this period almost unchanged. Moreover, for three years the

proportion disclosure of such crimes even gradually decreased.

Special social danger of crimes against misappropriation of vehicles due to the

fact that individuals who commit them do not have the necessary skills of driving, but

a state of intoxication such persons greatly increases it. Often offenders commit

traffic accidents, sometimes with serious consequences.

Classification of criminal law is the basic science, it is used after the crime.

Classification of crimes - a division of certain of the relevant, inherent,

characteristics, significant in terms of Criminology.

The importance of the development of criminal legal classification of crimes is

largely due to the fact that from it, according to research famous forensic depends on

improving investigation techniques specific species (groups) crimes.

In view of the above, you can specify the following crimes against

misappropriation of vehicles:

- By way of taking possession of the vehicle;

- A territorial basis of a criminal gang that commits misappropriation of

vehicles;

- The number of stolen vehicles;

- By type of violence used during the unlawful taking of a vehicle;

- For damage;

- The number of persons involved in committing the crime of illegal

appropriation of a vehicle;

- With the characteristic place of commission of unlawful taking of a vehicle.

The proposed criminal legal classification is the basis for further differentiation

and individualization of crimes against misappropriation of vehicles depending on the

individual elements of criminal legal characteristics, especially the manner and

circumstances of the offense and offenders combating encroachment on other

people's property, to be protected by the state.

Z. Melenevska, PhD, Senior Researcher

Y. Svoboda, PhD, Associate Professor, Assistant Professor of the Department

of Forensic Examinations of Education and Scientific Institute № 2 of the National

Academy of Internal Affairs

P. Antoniuk, PhD, Professor of the Department of Criminology and Forensic

Medicine of the National Academy of Internal Affairs

CAUSE OF EXPERT ERRORS IN COURSE OF IDENTIFICATION

DURING FORENSIC EXAMINATION OF HANDWRITING

With the rapid development of science and technology significantly increases

the role of forensics as a form of use of special knowledge in the knowledge of the

mechanism of offenses and obtaining scientifically based evidence. Legal experts

(including experts in handwriting) as agents or any other field of human activity are

not immune to the wrong conclusions. Mistakes have been and remain objective

reality.

The study and analysis of all known definitions of expert errors can be

considered an expert error unintentional wrong judgments, actions or inaction of an

expert in the assessment, implemented in the conclusions from the wrongful

obtaining and processing information at the level of sensation, perception, idea,

thought, the source of which could be mental, social, biological expert as an expert in

a particular field of study.

Analysis of expert departments shows that false conclusions in handwriting

examination are often sufficient. The possibility of errors depends on different

reasons. This complexity of the research object and complexity of the problems to be

solved. Proper solving problems depends on intelligence expert, the interest, desire to

handwriting studies, work ethic, experience, personal qualities, working conditions.

The expert must analyze signs of handwriting identification and figure out

what each of them, and only then used in a comparative study.

Identification of coincidences and discrepancies signs and determine the

frequency of occurrence of certain options matching features - a necessary stage in all

cases of handwriting research.

Assessment is carried signs at all stages of the study, but the greatest difficulty

she gets after a comparative study that once installed will coincidences and

discrepancies features handwriting.

The main shortcomings in the study of objects forensic handwriting

examination are as follows: in the test writing are just matching symptoms or only

those that are different, while there are those other; incorrectly evaluated

characteristics, resulting in symptoms that differ are judged to be matching .

It is most often observed in the case of several variants of handwriting

characteristics without the occurrence frequency variations signs; no differences are

signs that occur in comparable facilities, or are incomplete; had not considered

informative overlapping features; not take into account the nature of display

overlapping features, their approximation. In these cases, the following features are

rated as options that are not evident in the handwriting of the person from which the

sample is compared. In fact, they are signs of writing another person; does not call

attention to the fact that convergence is only partial, that is manifested in letters that

significantly differ in other characteristics.

Also errors frequent phenomenon in substantiating the likely conclusion. Like

any other, it must be properly grounded. Otherwise reduced probative value of expert

opinion. If the expert comes to a positive conclusion likely, despite the existence of

some differences, then formulating it should at least probable form to explain why

signs which formally contradict the conclusion do not affect the solution. When the

appearance of differences explain fails, the expert should conclude the impossibility

of resolving the issue on the merits.

Y. Prykhodko, Senior Lecturer of the Department of Forensic Science of the

Education and Scientific Institute №2 of the National Academy of Forensic Science

RESIDUE OF EXPLOSIVE DEVICES AS SOURCE OF EVIDENCE IN

INVESTIGATION OF CRIMES

Writing of this article was influenced by the fact that an amount of crimes

connected with usage of explosive devices and explosive materials is increasing

dramatically. This category of crimes in our country is spreading steadily; its criminal

professionalism and cruelty are growing. Crimes of this category are the most

impertinent and dangerous; they provoke tension and negative resonance at the

society.

Practice shows that the investigation of the crimes connected with usage of

explosive devices can arouse specific difficulties (preservation of the investigation

site after an explosion, opportune inspection, detection and removal of the tracks of

the explosion and their examination). Therefore at this article we define the category

of the tracks which are left after the production of the explosive device, during its

preparation for the explosion and after the explosion.

Also at this article we pay attention to the fact that the tracks of the usage of

the explosive devices and explosive materials cannot be limited by only that category

of tracks that are made as a result of an explosion. The important information about

the crime can be carried by another tracks, for example: the tracks of production,

transportation and preparation of the explosive device for the explosion.

It is defined at the article that to the tracks formed during the production of the

explosive device we can rate: the tracks of the production of the body of the

explosive device, the charge of the explosive material, the method of the explosion

and auxiliary elements.

Quite informative from the criminalistics point of view are the tracks of the

explosion of the standard explosion device (standard ammunition) with metal body.

These tracks partly determine the signs of the explosion development, its nature and

construction of the particular explosive device. According to the construction

characteristics of the explosive device there are: the cover fragments, the initiation

way fragments, additional affecting elements (screw nuts, bolts, nails), additional

elements of the explosive device (newspaper pieces, insulating tape pieces, etc).

In consideration of the article topic we pointed out that the most important

sources of information about the commitment of the crime connected with the usage

of the explosive device are: the transportation and installation of the explosive device

tracks, constructional and technological characteristics of the standard explosive

device and its elements (the cover colouring, marking, typical geometry data and the

way of separate parts connection, the fragments material, the tracks of technological

treatment), the signs of the explosive cover destruction, the damage of another

elements of the explosive device and the level of their development (typical size and

form of the splinters, the distance of the splinters dispersion, the tracks of the

explosive loading on the splinters, the splinters deformation in the issue of the strike),

the parts of the explosive material charge that did not react, and also the products of

the explosion on the explosive device cover and on the environmental objects.

Therefore summarizing the information of the article we must remark that for

successful investigation of the crimes connected with the usage of the explosive

devices there is the necessity of conduction of the professionally organized,

qualitative inspection of the criminal explosion place, that has to be conducted with

participation of the professional explosion technologists, criminalists, chemists and

another professional experts of ministries and departments.

Serhii Olkhovenko, Ph.D., Director of Zakarpattia Region Scientific Research

Forensic Center (SRFC) of MIA Ukraine

Volodymyr Yusupov, Ph.D., Senior Researcher, Head of Research Laboratory

of Problems of Forensic Support of National Academy of Internal Affairs

SOME PROBLEMS OF INTERACTION OF FORENSIC EXPERTS AND

FORENSIC INSPECTORS AND THEIR ADAPTATION TO NEW

ENVIRONMENT RESULTING FROM THE REFORMS OF MIA OF UKRAINE

The article deals with the interaction of forensic experts and forensic inspectors

in pre-trial investigation after the entry into force of the Law of Ukraine "On the

National police". The ways of social adaptation of such specialists to new working

conditions are also studied. Authors analyzed a number of subordinate regulations

related to forensic provision of pre-trial investigation.

The assignment and subordination of the MIA Forensic Service employees and

sectors of investigation units of the National police of Ukraine are described. After

the reform of the Ministry of Internal Affairs investigation departments established

sectors, which provide technical and forensic investigation. In the same time there

was established a post of police forensic inspector.

Current procedure of participation of employees of the preliminary

investigation of the police and the MIA Forensic Service in the inspection of the

scene is described. Now forensic experts and forensic inspectors can act jointly

during the inspection of the scene only with the written request of the head of the pre-

trial investigation body in cases of specific circumstances (murder, robbery with a

firearm, etc.).

It is determined that social adaptation of employees of the MIA Forensic

Service experts and police forensic inspectors is based on the awareness and

acceptance of their own species’ standards of law enforcement activity. The main

factors of the social adaptation are psychological condition, level of adaptability,

individual moral qualities, competence, experience.

S. Okhrimenko, PhD, Senior Scientist of the Scientific and Research

Laboratory of the Problems of Forensic Support of the Education and Scientific

Institute №2 of the National Academy of Forensic Science

PROFESSIONAL COMPETENCE OF INVESTIGATOR ON THE

APPOINTMENT OF FORENSIC PSYCHOLOGICAL EXAMINATION IN

THE INVESTIGATION OF CRIMINAL OFFENSES

The article deals with highlighting of factors of professional competence of

investigator on the appointment of forensic psychological examination in the

investigation of criminal offenses.

In nowadays conditions the formation of law enforcement system of Ukraine

the methodological principles of the pre-trail investigation objectively are becoming

increasingly importance. This is caused not only by great importance for modern

society problems on combating crime, but also the need to improve the criminal

procedural legislation in the field of pre-trial investigation.

It is stressed that the development and implementation of an innovative

approach to the modern organizational and legal support of appointment of forensic

psychological examination is increasingly gaining momentum. At the time, the study

of issues relating to the legal status and professional competence of the investigator

as subject of the appointment of forensic psychological examinations in the criminal

process which initially identifies the qualification of socially dangerous act and

primarily decides the appointment of this type of expertise in the investigation of

criminal offenses.

Professional competence of investigator on the appointment of forensic

psychological examination within criminal proceedings lies in its ability to make such

a decision, based on the institutional and legal framework of procedural and

professional and psychological characteristics of a person that contribute to this work.

Therefore, the investigator has to perform tasks of criminal proceedings, to avoid its

activities prosecutorial bias and seek to protect the person, society and state from

criminal offenses, protection of rights, freedoms and legitimate interests of the

criminal proceedings and ensure prompt, full and impartial investigation.

It is alleged that current criminal procedural legislation of Ukraine will greatly

expand the powers of investigation – now investigators making pre-trial investigation

of criminal offenses may hold as investigators (search) action, and covert

investigative (detective) of action, whereas before investigative and undercover

investigative actions (actions) belonged to the exclusive competence of the staff

operating units, including on behalf of the investigators. Despite some favorable

factors still there are some contradictions, especially on procedural investigative

autonomy in making decisions regarding the appointment of examinations (including

forensic psychological). Outlined aspects should cover not only the need to determine

the subjective side of the act in the pre-trail investigation of offenses, but also clarify

the psychological component in the mechanism of committing grave and especially

grave crimes.

It is noted that the investigation work in terms of organizational and

psychological indicators are the least studied industry of professional activity of

lawyer, which is largely complicates the solution of problems of its scientific support.

Along with a professional selection and training of qualified investigators are

problems associated with the formation of such important qualities as quick

orientation in solving intellectual tasks required the efficiency in implementation of

planning within the criminal proceedings, ability to resist impact on the person

adverse conditions of performing duties. The investigator is the person who should

have sufficient professionally oriented knowledge needed professionally important

qualities and properties, and other competencies.

O. Parfylo, PhD, Senior Scientist, Head of Department of Ukrainian Scientific

Research Institute of Special Equipment and Forensic Examinations of the Security

Service of Ukraine

Y. Nizovtsev, Chief Examiner of the Centre of Forensic and Special

Examinations of Ukrainian Scientific Research Institute of Special Equipment and

Forensic Examinations of the Security Service of Ukraine

PROBLEMS OF FORENSIC EXAMINATION OF MALWARE

IN COUNTERTERRORISM ACTIVITY

The malicious software is the most efficient mean for the effective intervention

into information and communication systems, cyber diversion and cyber terrorism in

particular. The term “malicious software” is not detailed in the Criminal Code of

Ukraine. Usually during a criminal investigation, provided article 361of the Criminal

Code of Ukraine, a crime investigator appoints a computer forensic analysis aimed at

the assignment of the detected programs to the malicious software.

The lack of “malicious software” detailed term leads to the deficiency of a

single approach to the analysis mentioned above. In every particular case a crime

investigator should decide by her/his mind and experience whether the program`s

characteristics are essential enough to be considered as malicious software. As a

result different investigators could reach varied conclusions about the same program.

The authors formulated the classification of the program means which could be

used for the different malicious aims depending on its primary purpose. According to

this classification, the first group can be defined as special program means aimed at

the unauthorized tampering into the activity of information and communication

systems. The second group-the programs of the double purpose. The third group - the

programs created only with good cause but provided that particular settings could be

used as malicious software. If to consider the groups mentioned above only from the

technical point of view we could reach the conclusion that there are no clear

measures for its dividing.

There is no single approach to the term “malicious software” and

characteristics which are essential enough to be considered as malicious software in

the scientific literature. Moreover all the terms “malicious software”, including the

term in the Criminal Code, whether directly or indirectly have such an essential

characteristic as unauthorized act. As the article 242 of the Criminal Procedure Code

of Ukraine prohibits the experts to determine the fact “unauthorized act” as a legal

matter we could make a conclusion that at the moment it not possible to find out the

clear measures to programs referring to the “malicious software”. The expert could

analyze the program mean operability and with the clear terms point out some of

them which are specific for the malicious software means. The final decision

concerning referring of the program to the “malicious software” will be taken by the

court.

L. Patyk, PhD, Assistant Professor of the Department of Criminology and

Forensic Medicine of the National Academy of Internal Affairs

APPLICATION OF EXPERTIZE FOR INVESTIGATION

OF FORGERY OF UNIVERSITY CERTIFICATES

The paper describes the features and forms of use of special knowledge in

investigation of this category of crimes. The attention is focused on the fact that such

documents are forged in a variety of ways that cannot be established without special

knowledge.

Is determined that the targeted and efficient use of the investigator special

knowledge is manifested in the following forms: assistance to specialists in the

conduct of investigative (search) actions and conduct forensic examinations. It is

argued that the choice of the form of application of special knowledge must be

tactically sound. First of all consider the essence of the fact that set.

The definition of forensic examination, it is an important form of using special

knowledge in criminal proceedings. Among all species, genera and classes of forensic

examinations forensic allocated. It is established that a classical forensic expertise,

who are appointed in the investigation of crimes related to the falsification of

documents on higher education are the following: forensic technical examination of

documents, forensic handwriting analysis, computer forensics, fingerprints. To reveal

the essence of these studies shows the concept of each species, the position of

scientists regarding problems that they solve

Characterizing judicial technical expertise of documents on higher education

highlighted research of the stamps, as they certify the authenticity of the documents,

giving it legal force.

The article mentioned samples of the expert study, which directly affect the

ability of forensic handwriting examination. They considered three types: free,

conditional-free and experimental. For the appointment of a fingerprint expert are the

rules on service of documents-evidence for the preservation of fingerprints papillary

pattern on the document.

Considering features of appointment and carrying out judicial examinations

attention is focused on the formulation of the expert, as in the decisions of the meet

ill-defined issues, the legal or those that are not within the purview of the expert. To

solve such a problem given a list of recommended sources, reflecting the approximate

list of questions to the expert according to the type of forensic examination.

Analysis of the investigative practices of the appointment and conduct forensic

examinations allowed us to identify problematic aspects in the use of special

knowledge in investigation of crimes related to the falsification of documents on

higher education. The article describes only the major faults are those that often occur

in the practice of investigation of crimes related to the falsification of documents on

higher education, in particular: 1) the professional's involvement in the conduct of

investigative (search) actions; 2) violation of the order for the appointment of judicial

expertise; 3) do not use all possibilities of legal expertise as a result of lack of

knowledge of the investigator about the possibilities of certain species.

V. Piaskovskyi, PhD, Associate Professor, Deputy Head of the Department

of Criminology and Forensic Medicine of the National Academy of Internal Affairs

MODUS OPERANDI AS ELEMENT OF CRIMINALISTIC

CHARACTERISTIC OF PREMEDITATED INFANTICIDES BY PARENTS,

OTHER RELATIVES OR GUARDIANS

An important element of the criminalistics characteristics of crimes, including

murders, is the way of the crime. As a natural phenomenon of the emergence of

evidence of the modus operandi of a crime has methodological significance to

criminology and serves as one of the elements for the further development of the

General theory of criminalistics, the criminalistics techniques, tactics and methods of

developing new recommendations of drugs and methods of investigation of criminal

offences.

The way of the crime plays an important role in the formation of factual

information about the event, because by the way, mainly, and showing the reflection

of a criminal act in the environment. So, one of the sources of criminal investigation

can be an information about the detection of stable features of the method of its

Commission, which is transformed by an investigator in the version of the perpetrator

of a criminal offence.

The way the crime was committed, sometimes called "the handwriting of the

offender". The method as an ordered set of consecutive procedures (methods, tools)

depends on many diverse factors, which cannot always be precisely defined.

Therefore this relationship has character and in fact reveals itself only under the

observation of mass phenomena. However, he is one of the signs that create forensic

accounting, automated databases, which are used for the investigation of criminal

offences.

Inspire of the above modus operandi was always the subject of attention of

scientists for many years in the development of criminology.

Analysis of the forensic practices in the investigation of murders of children by

parents, relatives or persons who are responsible for their education, allowed us to

classify the methods of committing such killings into the following groups: the

planned murder of a child, committed by his mother with the participation or without

the participation of other persons; murder of a child committed by her father (or

mother's partner) or other relatives; the sudden (usually provoked by the victim)

murder of a child, committed by his parents, relatives or persons, who are

responsible for its upbringing, in a state of intoxication or mental disorder.

Information about methods of committing murder of the child's parents,

relatives or persons responsible for his upbringing, is a necessary prerequisite for

their investigation. In particular, by method of murder can be put forward different

versions about the identity of the criminal, because specific ways of committing are

characterized by certain mechanisms of formation of traces, the establishment of

which in the process of investigation allow to conclude the instrument used to

commit a criminal offence and the personality of the criminal (availability of skills,

physical abilities, psychological traits). Therefore, the question about the definition of

the murder of a child has significant theoretical and practical importance and is the

key to the formation of criminalistics characteristics of the crime.

O. Rivchachenko, PhD student at the Postgraduate and Doctoral Studies

Department of the National Academy of Internal Affairs

TRACE EVIDENCE IN CRIMES INVOLVING EQUIPMENT USED IN

ILLEGAL NARCOTIC DRUG MANUFACTURE

This research paper provides characteristics of trace evidence in crimes

involving equipment used in narcotic drug manufacture. Based on the provisions of

Article 313 of the Criminal Code of Ukraine, the author defines the groups of trace

evidence created during: a) the theft, appropriation, extortion or fraudulent takeover

of equipment used in a subsequent illegal manufacture of narcotic drugs; b) the

purchase or illegal manufacture of equipment used in a subsequent illegal

manufacture of narcotic drugs; c) illegal manufacture of narcotic drugs.

During the theft, appropriation, extortion or fraudulent takeover of equipment

used in a subsequent illegal manufacture of narcotic drugs, traces are left at the crime

scene by: a) perpetrator (traces of hands, feet, teeth, lips, blood, saliva, other

excretions and fluids of human body, lipstick, micro particles of clothes and

footwear, traces of smell, etc.); b) instruments of crime: traces of preparations for a

crime (e.g. damage to security alarm system); traces of penetration into a building

(e.g. traces of break-in through a door or window); traces of property takeover (e.g.

documents regarding write-off or destruction of stolen equipment); traces of removal

and transportation of equipment; traces of concealing the crime.

The following traces (trace evidence) may be left during the purchase or illegal

manufacture of equipment used in a subsequent illegal manufacture of narcotic drugs:

records, files, history of online search of information about equipment,

precursors and methods of manufacturing narcotic drugs;

traces left by welding, installation or other operations (processing, creation,

soldering, etc.) with equipment intended for manufacture of narcotic drugs;

accounting documentation, cash or other material valuables received as a result

of legal acquisition of equipment (components thereof).

The following trace evidence may prove the use of equipment for illegal

manufacture of narcotic drugs:

discovery of machines, mechanisms or devices used at any stages of narcotic

drug manufacturing process (e.g. tableting presses, condensate pipe, vaporizer, steam

generator, press necessary to produce hashish), or particular units or parts of a

machine used for the same purpose (e.g. pump to suck out filter in opium extraction);

presence on the aforementioned equipment or parts thereof of deposits or

residue similar to narcotic drugs, or specific odor;

presence of precursors, chemical reagents, agents and other substances that

may be used in illegal manufacture of narcotic drugs, or the residue (waste) of

synthesis (extraction) process;

presence of household appliances that may be used at particular stages of an

illegal narcotic drug manufacturing process;

discovery of finished dosage forms of narcotic drugs manufactured by

synthesis (extraction);

presence of other items that may point out the illegal manufacture of narcotic

drugs using specialized equipment (respirators, gas masks, rubber gloves, spent

express tests, etc.);

presence of fingerprints on equipment or parts thereof;

information gathered by examination of samples taken on ceiling, walls,

ventilation equipment, water supply and sewage systems, etc.;

records and files concerning illegal narcotic drug manufacturing process and

methods.

I. Svitlak, PhD, docent, Head of the Department of Economics and Law Legal

Regulations in Vinnitsa Institute of Economics (branch of Ternopol National

Economic University)

I.Skirskyi, PhD, Candidate of Juridical Sciences, docent, Docent of the

Department of Economics and Law Legal Regulations in Vinnitsa Institute of

Economics (branch of Ternopol National Economic University)

THE PROBLEM OF CRIMINALISTIC SUPPORT CONTENT OF

DETECTION AND INVESTIGATION OF CRIMINAL VIOLATIONS OVER

INTELLECTUAL PROPERTY RIGHTS

Article examines the problem of providing forensic detection and investigation

of crimes against intellectual property rights. Disclosed content elements and stages

of forensic software. Reasoned opinion on the implementation in practice of forensic

crime investigation relevant guidelines that should effectively affect this activity.

European integration process of Ukraine imposes additional obligations on the

state to protect intellectual property rights. This task involves the transformation of

the criminal process of Ukraine in the context of European standards, stimulates the

further development optimization of law enforcement bodies involved in detection

and investigation of crimes in general and in particular criminal violations of

intellectual property rights. Nowadays successful opening and investigation of such

crimes is not possible without the proper technical and forensic support.

In professional literature, only insufficient attention paid towards providing

forensic as multifaceted concept that can be extended to not only the detection and

investigation of typical crimes, but also the crimes that today are "new" and have

their own specifics that led to writing.

Depending on the analysis of existing research, the authors of the article

formulated the following understanding of forensic software detection and

investigation of criminal violations of intellectual property rights –as a

comprehensive work, aimed to create conditions of permanent readiness of law

enforcement agencies to effectively use forensic methods, tools and guidelines as

well as the implementation of such readiness in daily practice disclosure and

investigation of crimes of this category.

The theoretical basis of forensic ensure disclosure and investigation of criminal

violations of intellectual property rights is a system of scientific statements about its

concept, content, value as an activity, the forms of its implementation, the place and

role of forensic science, and more.

We consider the improvement of legal basis of forensic ensure disclosure and

investigation of criminal violations of intellectual property rights, and in particular

the criminal procedure law on the use of forensic methods, tools and

recommendations on disclosure and investigation of these crimes, with all the

complexity of this process ultimately must be the result of analysis and assessment:

a) the needs of the fight against crime, as the crime situation in Ukraine, the

dynamics and structure of criminal violations of intellectual property rights, methods

of committing etc.

b) modern possibilities of science and technology, as scientific and

technological advances that can be used in practice to combat such crimes;

c) the real state forensic software as an activity and its impact on the disclosure

and investigation of crimes.

L. Sydorenko, Lead Specialist of Cherkasy Region Scientific Research

Forensic Center of MIA of Ukraine

PROBLEMS OF FORENSIC EXAMINATION OF EDUCATION

CERTIFICATED ISSUED IN 2015 AND LATER AND DEVELOPMENT OF

INFORMATION COLLECTIONS

Diplomas are among the objects of study in technical expertise documents. The

issue regarding the conformity of diplomas with characteristics similar document

requires specimen diplomas or forensic detailed description (printing methods,

characteristics of protective elements, micro, luminescence, etc.). However:

- The initiator of an examination is usually reliable samples for comparison can

provide;

- Expert Service of the Interior Ministry of Ukraine, as a rule, such samples

centrally or their descriptions provide incomplete, late or not at all secure.

Thus, to form a complete information and reference counts is difficult, because

of what the task is impossible.

Moreover, the Ministry of Education and Science of Ukraine approved by its

order of 12.05.2015 p. 525 number only a general form of documents on higher

education (degrees) state standard and supplements thereto, and the sample of

academic help and did not provide any technical descriptions (as opposed to pre-

existing).

In addition, the Ministry of Education recommended that educational

institutions give up plastic diplomas.

According to p. 2 of the Decree of the Cabinet of Ukraine 03.31.2015 p. 193

number "... the marginal cost of production of documents on higher education the

state standard should not exceed two times the income of citizens" (34 UAH.).

It should also be noted that existing legislation already does not include

diplomas and annexes to the documents of strict reporting and accounting.

So place an order blank diploma schools define themselves and issues related

to the design of forms, methods of printing and technical protection, each

manufacturer specifies separately.

Some schools bought diplomas production continues at the State Enterprise

"Inforesurs" as diplomas and have the same design.

Diplomas sample in 2015 have some degree of protection, but establish their

compliance with any standards or specifications usually impossible because of their

absence.

Given the significant number of forms of diplomas, lack of unified technical

conditions for their production, different amount of information embedded in these

documents is difficult to list all the important forensic features that are reflected in

the expert in the study of such documents.

Thus, according to traditional requirements, all documents must be numbered

numbers of forms and output printing data (for example, they have diplomas in Kyiv

National University of Internal Affairs and Donetsk University of Science and

Technology). Meanwhile, the diplomas Cherkasy State Technological University is

the only printing output data and number of forms available. In diplomas Cherkasy

National University named after Bohdan Khmelnytsky and Lviv Institute of

Management and numbers no forms printing and output data.

Thus, the procedure and detailed description illustration features diplomas, is

based on the tasks assigned to the experts and generally in technical expertise

documents requirements. During the formation of the accounting description could be

more detailed.

It is clear that the rejection of centralized production of diplomas single sample

and the lack of unified technical conditions much easier opportunities for forgery.

The Internet is replete with suggestions on custom manufacturing of any education

documents of any institution, including sample 2015.

We can predict that investigation to establish the authenticity of diplomas by

expert would be virtually impossible. Addressing the same issues related to the

establishment of printing methods, the presence of security elements, etc. will be a

formality, which is not much help to the investigation.

D. Smernitsky, Deputy Director of the State research institute of the Ministry

of internal affairs of Ukraine, PhD

ENSURING QUALITY CONTROL IN ACCORDANCE WITH THE

STANDARDS ISO MADE IN THE DESIGN AND SCIENTIFIC-TECHNICAL

PRODUCTS: REGULATION

The article reviewed the legal regulation of quality management according to

the ISO standards in the design and made scientific and technical products.

Quality management system allows you to control processes and ensure their

event with specified characteristics. That is, the quality management system is not a

system of verification of quality, a system to ensure proper compliance with

established processes. If the processes will be carried out according to established

requirements, we must conclude that the products we will be getting the same quality.

Thus, we conclude that when implementing a quality management system for

production of all the products the output is of a given quality.

Quality criteria depend on many factors, namely: financial security, the quality

of materials and raw materials from qualified staff. So, regardless of the quality of the

system of quality management in the enterprise is given now by yourself. The system

only confirms that the products are identical and meets the quality criteria.

The main forms of improvement of quality in the state is the impact state

through the establishment of administrative law to the field of personal and internally

interests of quality assurance, ie consumers and producers, to stimulate interest in and

development of this sphere in general. Promote self-interest leads consumers to

establish requirements for product quality and safety, which should make

manufacturers. Promote stimulated interest in the production from manufacturers

leads to increased competition in the market identical products and business

development, and consequently improve the quality and product safety.

Consequently, in this and in another case the system leads to improved quality and

product safety.

Defining administrative and legal quality assurance in science and technology

may be noted that this is legally defined executive branch agencies and government

institutions, which delegated authority to regulate the quality of products, to ensure

the personal interest of consumers and stimulated interest of producers to fulfill

established criteria product quality and safety, and regulatory support areas specified

quality and product safety.

Ensuring the quality and safety of products should be carried out at all stages

of the production process and for organization of the system are a series of standards

ISO, which set the rules and regulations for the organization of a quality management

system in production, including in science and technology. Standards-based process

approach to performance, providing their definitions, determining the parameters of

the process inputs and outputs. That is, the quality management system controls the

entire production process from receipt of the plant material and purpose rials,

providing all kinds of resources the manufacturing process for the production of the

constituent elements of the product and its complete assembly, to the output

parameters - yield production, packaging, checking all the technical parameters of

finished products.

L. Talianchuk, Head of Section of Vinnytsia Region Scientific Research

Forensic Centre of MIA of Ukraine

CAPABILITIES OF FORENSIC EXAMINATION OF PERSONAL

IDENTIFICATION DOCUMENTS AT BORDER-CROSSING CHECK

POINTS

In the last few years by criminal scientists-lawyers the satisfied not enough

requirements of inquisitional-judicial practice from development of issues of the day

of judicial examination of the counterfeited documents that certify person at crossing

of state boundary of Ukraine. Today actual are questions in relation to development

of methodology of research of such group of documents and expansion of limits of

expert knowledge is related to it in industry of technical examination of documents,

and also accumulation and systematization earlier gain knowledge.

The aim of the article is systematization and exposition of information on the

tasks of judicial-technical examination of documents that certify person at crossing of

state boundary of Ukraine.

Scientists in the labors paid attention to the features of realization of judicial-

technical examination of documents. However in investigation of the examined

category of crimes such judicial action was not studied, and that is why acquires

actuality.

First, will consider the concept of judicial examination, under that understand

research an expert on the basis of the special knowledge of material objects,

phenomena and processes, that contain information about the circumstances of

business, that is in realization of organs of inquest, pre-trial and judicial investigation.

Judicial-technical examination of documents is a type of examination that is

basic at research of documents that certify person at crossing of state boundary of

Ukraine.

Such research a document is the basis of.

Criminalistics research of documents is industry of criminalistics that studies

conformities to law of nature of the written language, methods of imitation of

documents, and also develops facilities and methods of cognition of these

conformities to law with the aim of investigation of crimes and to their prevention.

Judicial technical examination of documents is research of документа, that is

conducted after resolution of organ of pre-trial investigation or court ruling with the

aim of establishment of method of his making, presence in him of changes and

method of their bringing, latent or invisible texts, and authentication of instruments

and materials that was used for making of document or making alteration

The article of criminalistics research of written and typewritten documents, on

that there are becoming stronger opinions of man, event and facts. The article of

criminalistics research of documents is research: 1) imprints of printing and stamps;

2) signatures on behalf of certain persons; 3) typoscripts; 4) establishments of

changes are in text of document; 5) establishment of maintenance of document; to a

6) material of document.

Objects of technical examination of documents that certify person at crossing

of state boundary of Ukraine is: 1) documents that certify person at crossing of state

boundary of Ukraine; 2) essential elements and materials of these documents.

Studied and investigated: 1) the fully counterfeited documents (research of

forms); 2) the partly counterfeited documents; 3) documents executed on the printed

devices; 4) imprints of printing and stamps.

The tasks of technical examination of passport documents are identification,

troubleshooting problems and classification tasks.

Summarizing the possibilities of technical examination of documents that

certify person at crossing of state boundary of Ukraine presented in the article, will

pay attention in particular on :

1) determination of color and form of documents;

2) studies of text of документа with the aim of exposure of possible errors, use

of nonstandard types and others like that;

3) establishments of materials, from that a document is made;

4) studies of surface of facial and reverse parties of документа are with the

aim of exposure of imitation;

5) establishment of presence of the special facilities of defense;

6) establishments of variety and structural features of devices, documents

applied at making and their authentication after on tracks a reflection;

7) establishment of paper (mass, thickness, closeness, degree of проклейки,

durability on a break, smoothness, impurity, light-perviousness, color and linen,

character of road clearance, color of luminescence in ultraviolet rays, percent of ash-

content) descriptions;

8) establishment of color, tints of paints, and also their properties;

9) establishment of protective properties of auxiliary materials (at their

presence).

From the possibilities considered in the article technical examination of

documents is seen, that such type of research is the most important in investigation of

the examined category of crimes. Judicial-technical examination of documents,

setting the fact of making of the counterfeited documents that certify person at

crossing of state boundary of Ukraine, helps to set a direct object and article of crime.

And knowledge investigators and court of her modern possibilities assists her more

complete use, and does possible such persons correctly to estimate plenitude,

authenticity and validity of conclusions.

Z. Udovenko, PhD, Associate Professor, Professor of the Department

of Forensic Examinations of the Education and Scientific Institute №2 of the National

Academy of Forensic Science

PROTECTION OF PRIVATE LIFE IN COURSE OF FORENSIC

EXAMINATION

The article is an analysis of the fundamental rights and freedoms that may be

affected during the expert of the pre-trial investigation and identify ways of

improvement of Experts on human rights.

Interference in private life might be in the performance of individual

investigations in criminal proceedings, including expertise in different stages.

Forensic examination is characterized by the emergence, development and

termination rather complex set of relationships between subjects as forensic activities

(expert, investigating judge) and persons whose interest is concerned (the suspect,

defendant, victim, civil plaintiff and others).

But the rights and freedoms of the expert are mandatory and a prerequisite of

employees of the Service. Examination, including forensic and forensic psychiatric,

placing the suspect in a medical institution, obtaining samples for examination, in our

view, in many cases directly linked to the justified need information about private life

(physical defects or mental development, identified during the assessment).

Often during handwriting examination of personal correspondence objects are

human mystery which is guaranteed by Article 31 of the Constitution of Ukraine. At

the present stage of development of computer technologies correspondence can be

carried out via the Internet. In this case the assigned computer expertise where expert

also met with the personal correspondence of man. Particularly acute problem of

privacy rights arises if the medical examination is carried out to establish the person

puberty crimes against sexual freedom and sexual integrity or if its conduct, as well

as the forensic psychiatric assessment associated with the use of sophisticated

methods examination and special equipment.

This applies also henotyposkopy in biological examination or DNA analysis

allowing identification of the person for traces of blood, saliva, semen, epithelial

cells, tissues and parts of human hair.

Therefore, in our opinion, the Criminal Procedure Act should provide

guarantees maximum privacy of citizens during these actions, to ensure only

necessary restrictions of their rights and to guarantee the protection of information

that is personal and family secrets.

O.J. Kholodova, Doctor of Science, Associate Professor, Forensic Scientist of

the Dnipro Research Institute of Forensic Science

THEORETICAL AND METHODOLOGICAL BACKGROUNDS OF

FORENSIC EXAMINATION OF TEXTILES

The article was based on the analysis of problematic issues, encountered in the

practice of experts, the extant approaches of solving problems of forensic

examination of textiles were analyzed, theoretical generalization of urgent problem,

displayed in the development of theoretical and methodological foundations of

forensic examination of textiles through the integrated and process approach was

given.

The conducted analysis gives reasons to formulate a hypothesis about the

methodology of development of forensic activities, related with solutions of expert

tasks that must meet specific requirements; be scientifically substantiated and

experimentally tested.

It is proved that the identification examination, examination of the authenticity

and quality of textiles requires the comprehensive expertise with the involvement of

specialists in various branches of science, possessed of special knowledge.

А. Khokh, Junior Researcher of the Scientific Practical Center of the State

Committee of Forensic Examinations of the Republic of Belarus

D. Kuzmenkov, Head of the Special Research Department of the State

Committee of Forensic Examinations of the Republic of Belarus

ESTABLISHING OF ACTUAL CUBIC CAPACITY OF CONVERTED

WOOD BY BOTANICAL EXAMINATION OF CUTTING AREAS WITH

BRUSHWOOD

Belarus forest fund has more than 9.4 million. Ha, in connection with which

the use of forest resources is of great economic importance.

Basic principles of timber laid in the Forest Code of the Republic of Belarus.

Legal timber release mechanism at the root of forest users, as well as duties in their

use of forest areas for logging governed by the Rules of holidays of standing timber

and its harvesting in the forests of the Republic of Belarus approved by Decree of the

President of the Republic of Belarus of 07.05.2007, № 214 "On some measures

to improve activities in the field of forestry".

The problem of illegal logging in the Republic of Belarus is not as acute as in

many other countries. Over the past five years the number of crimes in the forest

sector has been steadily declining due to a number of preventive measures taken by

the State. So, set up and effectively functioning legal system for issuing logging

permits and validation assessment of stocks of timber to be cut down, auctions are

held harvested timber and plots in the bud by trading timber at the Belarusian

Universal Commodity Exchange. All this facilitates the control of forest law

violations.

One type of self-serving nature of the offenses is a reporting distortion of the

volume and the number of harvested wood. In some cases, there is an incorrect

assessment of the value of logging sites and dishonest accounting of harvested wood,

which creates conditions for the emergence of unaccounted wood. At the same time

the need to assess the volume (value) of harvested timber from the investigating

authorities sometimes occurs at the moment when it is already involved in the

production cycle, so forensic experts to work with forest residues on the cutting area.

The effectiveness of law enforcement action to combat mercenary crimes

related to illegal forest activities is largely dependent on the capabilities of forensic

tracking of their investigation, since most of the crimes carried out under conditions

of non-obviousness.

The investigation of such offenses requires forensic botanical expertise.

Special attention should be paid to inspection of the scene. From the quality of the

meeting depends largely on the quality and semitone investigation.

Conclusion botanical forensic examination may serve not only as a means

of proof in judicial proceedings, but also to confirm the legality of timber.

Currently it is turned out specific approaches to determine the amount actually

harvested wood in the production of botanical forensic examinations. The paper

presents a clear example of such calculations.

V. Chisnikov, PhD, Associate Professor, Lead Scientist of the State Scientific

Research Institute of MIA of Ukraine

TRAGIC FATE OF A FORENSIC SCIENTIST

IVAN SHCHEGLOVITOV

Ivan Shcheglovitov was born 25 (13) February 1861 in Chernihiv. Secondary

education in the Nizhyn gymnasium and then enrolled at the Imperial College of

Law, where he graduated with honors in 1881. Service began a candidate for judicial

office at the St. Petersburg District Court, where for some time been investigating the

crimes. Soon, he became secretary of the Prosecutor at the St. Petersburg Judicial

Chamber.

In 1885 I. Shcheglovitov was appointed companion (assistant) public

prosecutor of the District Court of Nizhny Novgorod, and was transferred to the same

position in St. Petersburg District Court two years later.

During this period, he worked closely with the editorial offices of newspapers

and magazines.

One of the first in Russia estimated the value of forensic photography and its

benefit to the investigation of crimes. The result of his work in this direction was the

establishment of the law of November 9, 1892 sworn positions and the creation of the

photographer when the prosecutor of St. Petersburg Judicial Chamber first

government forensic expert institution in Russia - forensic photographic laboratory.

In the early 1890s, I. Shcheglovitov in charge of the criminal division of the

legislative branch of the Department of the Ministry of Justice was legal adviser of

the Ministry.

In 1894 he was appointed prosecutor of St. Petersburg District Court, and a

year later - the assistant prosecutor of St. Petersburg Judicial Chamber. Two years

later, he has served as Assistant Procurator of the Criminal Cassation Department of

the Senate, and in the early 1900s, becoming the chief prosecutor. In April 1905 he

was appointed vice-director, and soon Director of the 1st Department of the Ministry

of Justice and member of the advice of the Ministry.

Actively participate in the Minister of Justice formed N. Muravyov

Commission on the revision of legal regulations, a draft law on the reorganization of

penal institutions Sakhalin spent much organizational work on preparation and

carrying out forensic Congress in St. Petersburg in 1902.

He paid much attention to teaching and research activities. In 1903 he started

as a professor teaching at the Imperial College of Law.

In February 1906 I. Shcheglovitov trust the post Deputy Minister of Justice,

and on April 24 of the same year, he became Minister of Justice and Attorney

General of the Russian Empire. At these high positions Ivan G. served for more than

a decade, despite the frequent change of Ministers of the Council of Presidents. In

January 1907 he was appointed member of the State Council with remaining in the

post of minister, and four years later was elected senator, "favor" high rank of

Secretary of State and the rank of Privy Councilor, which corresponded to the

military rank of Lieutenant General.

I. Shcheglovitov was a fervent supporter of the introduction of new methods of

forensic research in investigative, judicial and penal practice. In particular, Ivan G.

contributed to the introduction and spread of fingerprinting in the Russian Empire,

supported the summer of 1906 on the establishment in St. Petersburg, the Central

Bureau of fingerprint. December 16, 1906, he approved the Regulations on the

production and registration of fingerprint images, which is the first piece of

legislation in Russia regulated by fingerprint registration criminals across the empire.

First, in 1910 the Ministry of Justice had formed a special meeting to consider the use

of the fingerprint method study of fingerprints left at the scene.

The great merit of the Minister of Justice I. Shcheglovitov in establishing

offices of scientific and forensic examination, first in St. Petersburg and then in

Moscow, Kiev and Odessa.

July 6, 1915 under the pressure of the democratic circles of Emperor Nicholas

II was forced to dismiss several ministers, including the Minister of Justice

I. Shcheglovitov.

Leaving the post of Minister of Justice, Ivan G. retained for themselves the

remaining positions: Secretary of State, a member of the Council of State and senator.

He still continued to enjoy the confidence of Nicholas II and 1 January 1917 was

appointed chairman of the Council of State, remaining in this position until the

February Revolution.

During his long career Shcheglovitov was awarded many orders.

In March 1917 I. Shcheglovitov was arrested and detained in the fortress. In

late March 1918, he was transferred to Moscow and placed in Butyrskaya.

September 5, 1918 by the verdict of the Supreme Revolutionary Tribunal

I. Shcheglovitov along with other government and church dignitaries was shot in

Petrovsky Park on Khodynka Field.

Y. Chornous, Head of the department of forensic examinations research

institute № 2 National Academy of Internal Affairs, Doctor of Law, Associate

Professor

O. Lopata, postgraduate

LEGAL FRAMEWORK OF INTERNATIONAL COOPERATION IN

THE FIELD OF FORENSIC EXPERT

The urgency of issues consideration is related to the fact that changes, taking

place in the world, are affecting the transformation of modern crime, which develops

and integrates into the social processes, overcoming borders. Today, the crime

acquires an international character, which requires the use of effective international

cooperation activities, and, in particular, in the field of forensic activities. The

implementation of international cooperation problems in the field of forensic

activities is carried out in accordance with the current legislation of Ukraine: The

Constitution of Ukraine in 1996, The Criminal Procedure Code of Ukraine in 2012,

Law of Ukraine "On international treaties" in 2004, Law of Ukraine «On forensic

examination» in 1994, Regulations of the Ministry of Internal Affairs of Ukraine

approved by the Cabinet of Ministers of Ukraine №878 of October 28, 2015,

Regulations on the Expert Service of the Ministry of Internal Affairs of Ukraine,

approved by Ministry of Interior of Ukraine №1343 of November 3, 2015. The

provisions of international treaties ratified by the Verkhovna Rada of Ukraine must

be respected:

1) Multilateral international agreements, which are governing the human rights

and freedoms;

2) Multilateral international agreements, on combating with crimes of

international nature;

3) Multilateral and bilateral agreements on international legal assistance and

other forms of international cooperation in criminal proceedings;

4) The international interdepartmental agreements, concluded by the Ministry

of Internal Affairs of Ukraine, the Ministry of Justice of Ukraine on cooperation

questions, including directly in forensic activities field.

The important aspect for full international cooperation, is an acquiring of DND

EKTS MIA of Ukraine in 2002 a membership of the European Network of Forensic

Expertise Institutions (ENFSI), which includes 64 leading Forensic institutions from

36 European countries, as well as accreditation of DND EKTS MIA of Ukraine, and

other units of the service of MIA of Ukraine in accordance with the requirements of

ISO/IEC 17025.

А. Shved, PhD, Associate Professor, Chair of the of the State Committee of

Forensic Examinations of the Republic of Belarus

ROLE OF RESEARCH, SCIENCE AND TECHNOLOGICAL

COMPONENTS IN THE FORENSIC ACTIVITY

The history of the development of forensic activities and forensic theory

demonstrates the changing approaches to the definition of the role of technology and

the research component of the forensic examination. Understanding the essence of

forensic activities (including research and technology its components) has a

significant impact on the choice of development strategy and providing models.

More than a hundred years ago, forensics was only considered as a form of

scientific knowledge, and is often referred to as a "scientific and forensic

examination", which was due to a common practice of bringing to the production

expertise of scientists of scientific institutions. Forensics was generally applied

research up to the appearance of specialized expert institutions and required the

development of methods of its implementation.

The organization of the first expert institutions preference given to traditional

models of research institutions (laboratories). Specialized agencies of this type began

to function in the system of those departments, where the results of the judicial expert

works were the most in demand or need (for example, the Ministry of Justice,

Interior, Defense, etc.). Along with the implementation of applied forensic activities

they carried out the research. The first method of production of judicial examinations

were for experts only teaching aids - in fact, they explained the expert production

technology forensics. However, quality control issues expert work until the middle of

the last century, virtually no coverage in the publications. In many situations, the

choice of methods of expert research and evaluation of the results is often relegated

to inner conviction experts.

Thanks to the efforts of scientists and practitioners to date published thousands

of teaching materials, which contain a description of the technology solutions expert

tasks, enabling significantly increase the effectiveness of expert work.

In the twenty-first century, the main emphasis in forensic studies has shifted

from scientific discoveries to the creation of an expert study of algorithms.

Examination actively acquires the features of the process, subject to certain

regulations. Among the main characteristics of the forensic now released its property

is more characteristic of the process. This feature provides the ability to meet the

maximum needs of law enforcement and citizens in typical forensics and at the same

time allows you to ensure the quality of the expert opinion.

Forensic expert activity is increasingly being seen in recent years as sales of

finished technologies. Expert technique began to acquire a more formal look. All the

more it narrowed the scope of the internal persuasion expert as a basis for the

selection of research methods and evaluation of results. This has resulted in

widespread use of technical regulation and standardization in forensics.

The technological approach is based on a negative assessment of subjectivity,

which is the process of proving creates conditions for the expert, investigative and

judicial errors. If in previous years the main task of the developers was to train the

expert forensic techniques, it is now more important to create a methodology to

provide accurate and brief description of the most expert of operations research for

monitoring purposes.

While unable algorithmization forensic activity to such a degree that

guarantees a complete solution of research tasks in relation to objects with a

significant on its great variety of properties.

This disadvantage appears to be offset by the introduction of an additional

procedure (step) an expert study. So, before you carry out a study and draw the

conclusion, the expert carries out the procedure for the specific case and obtains

approval for its use (validation procedure). At the same time development of methods

of expert research it has all the features of applied research. This approach worked

out at present in the system of the State Committee of the Republic of Belarus

forensic examinations. He also implemented in the activities of the European network

of expert institutions (ENFSI).

Despite the expansion of the scope of the technological approach to the

organization of production of legal expertise and research retain their high value in

atypical situations, forensic activities. And they must provide comprehensive science

- the theory of forensic activities, including the addition of knowledge in some

special field and has expert knowledge in the field of proof.