The article considers types and characteristics of special knowledge as well as legal status of persons applying special knowledge while civil and economic proceedings. The Article purpose is to identify existing gaps in civil and economic procedural legislation in relation to various forms of implementing special knowledge based on the analysis of description of their common features and identification of their application peculiarities in civil and economic proceedings. When considering the comparative legal research method, similarities and differences in entities using special knowledge, namely in a specialist, translator, teacher, were established. The analysis of norms of the current procedural legislation enables to deduce that a number of forms of special knowledge use can be distinguished in civil and economic proceedings, namely: court expertise; competent individuals’ expertise without involving them in a trial; attracting competent persons to participate in civil or economic proceedings; using the results of forensic examinations: forensic reports. The issues of legal regulation for a translator candidate choice in civil or economic proceedings and the problem of translators’ incompetence in legal terminology are identified. Methods for improving participation of translators in the proceedings were established. The opinions and observations of scientists in the field of law on the use of special knowledge in the field of law were analyzed, and the possibility of conducting legal vetting while court proceedings was criticized. It was established that procedural definition of special knowledge must necessarily include their general scientific concept as direct substantive basis for the concept of procedural, and the latter will determine only boundaries and forms of this knowledge special use in civil and economic proceedings, as well as legally significant consequences of such use. The analysis of forms of special knowledge use in civil and economic proceedings provides grounds to consider that, except for special knowledge that is used in the form of forensic examination, other forms are also used which are given a detailed description.
Some issues of application of special knowledge in the course of investigation of crimes related to illegal drug trafficking are considered. Analyzed the scientific literature, regulatory legal acts devoted to the use of special knowledge in the study of narcotic drugs, psychotropic substances and precursors. The statistical data of the Office of the Prosecutor General of Ukraine are presented, indicating a significant increase in the level of drug-related crime in Ukraine. The increase in the number of drug-related crimes entails an increase in the need for the use of special knowledge in their investigation. In the process of applying special knowledge, a number of problematic issues arise that require legislative solutions. The purpose of the article is to identify theoretical and organizational problems arising in the process of applying special knowledge in the investigation of crimes related to drug trafficking. Attention was drawn to the project “Action — EU: EU Action on Drugs and Organized Crime. Intensive cooperation and capacity building to combat organized drug trafficking along the heroin route. ” Under the auspices of this project, the Ukrainian Working Group for the Study of Psychoactive Substances was formed, one of the main goals of which is to improve the quality of forensic services in Ukraine, and one of the main forms of work is to conduct interlaboratory exercises. The results of participation in an interlaboratory exercise provide an opportunity to either confirm the performance of a particular laboratory, or indicate problems in such a laboratory. For the examination of narcotic drugs, psychotropic substances and precursors, access to comparative (standard) samples is required, the free receipt of which (or their exchange between institutions) is complicated by many factors.
The authors of the article analyze theoretical developments on the status of multidisciplinary forensic examinations. Attention is paid to the analysis of the state of legal and methodological support in the appointment and conduct of multidisciplinary forensic examinations. On the example of multidisciplinary forensic examination on the establishment of the fact and circumstances of objects contact interaction, the authors have demonstrated the insufficiency of methodological support in this area and have substantiated the need to develop common and individual methods. Attention is drawn to availability of a practical need for widespread use of multidisciplinary forensic examinations within investigative and judicial practice. Opinions of scholars concerning the expediency and scientific substantiation of carrying out multidisciplinary forensic examinations for establishing the fact and circumstances of contact interaction are analyzed. The lack of a full legislative and methodological regulation in this area leads to difficulties in forensic expert practice and requires additional coverage and processing. Discussion in the scientific community as to the main aspects of determining the fact of contact interaction of objects has been going on for a long time. Some scholars strongly suggest that while interaction of two or more objects, several individual independent identification tasks are being resolved and the absence of at least one individualizing feature does not provide grounds for drawing a firm conclusion on the fact of contact interaction. We adhere to a different opinion of scholars and believe that a trace reflects both a particular property of a specific contact area and many interconnected properties of all objects in contact, and most important: the mechanism of trace formation. In the course of establishment of sufficient, unique set of generic (group) features and features of the contact mechanism, the individual complex allowing us to establish the fact of contact interaction of objects is formed.
Over the centuries, archaeological heritage of Ukraine has been developing under the influence of many factors. Research on such antiquities is a significant task of science for a detailed study of our history, deeper understanding of all stages of the formation, development and promotion of modern culture. Issues arising while protecting archaeological sites are relevant not only for Ukraine but also for many countries of the world. Preservation of history is the important task of every civilised country. Each monument is the source of information, and artefacts of a certain period in their totality represent a holistic cultural layer of history of people who lived in Ukraine no matter whether they were our ancestors or not. The paper outlines the issues of legal regulation of the research of movable archaeological objects (artefacts). Attention is drawn to the legislation on protection and preservation of archaeological and cultural heritage, procedure of cultural properties circulation in Ukraine. The main focus is on enshrining the concept of movable archaeological objects in legislation of Ukraine and some foreign countries. The issue of elaboration of this topic in the legislation and in forensic science is also addressed. Movable archaeological objects are exchanged and traded, such as Palaeolithic art, Bronze Age ornaments, stone axes, etc. Since they can be subject of crimes, and accordingly, can be investigated in forensic institutions, it is required to create a methodology for investigation of movable archaeological objects (artefacts) and conduct systematic research activities for the needs of forensic experts to ensure efficient provision of justice in Ukraine. It is also emphasised that while forensic examination of movable archaeological objects it is vital to establish their authenticity or non-authenticity.
The theory of forensic science has long been supplemented by additional classifications, which differed in certain criteria and comprehensively reflected the essence of forensic science and expert research. The issue of forensic examinations classification in Ukraine according to the criteria existing in the doctrine and normative legal acts has been considered. The purpose of the study is the correct classification of historical and archaeological examination in the system of forensic science of Ukraine, to determine the main aspects and criteria for the classification of forensic science in Ukraine. To solve this goal, the scientific literature and regulatory support on the topic have been analyzed. It has been concluded that the historical and archaeological examination does not belong to the already existing types, as it has a unique subject, object and methods. It can be classified according to various criteria presented in the article. Certain changes and transformations in the classifications of forensic examinations occur as a result of the emergence of a new type or kind of forensic examination, new objects and tasks of research. The development of a particular type of expertise can contribute to the formation of a new class. The most common is classification according to the field of special knowledge by types and subtypes, enshrined in the Instruction on the appointment and conduct of forensic examinations and expert research, approved by the Order of the Ministry of Justice of Ukraine. Historical and archaeological examination as a new type, which is currently in the process of formation and development, requires proper classification in expertise. Classifications are diverse depending on the criteria and have not only theoretical but also practical significance, allow to avoid errors in the appointment of forensic examinations and expert research, which, in turn, speeds up the study.
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