The article addresses methodical support of forensic environmental research and national standards of the Russian Federation (GOSTs), which are also used for methodological purposes.The author demonstrates that in studies of the ecological condition of environmental objects to determine the cost of their restoration, the approaches presented in the federal assessment standards are used as methodological materials. She also proposes the directions for further improvement of methodical support of environmental forensics.
A year ago the Supreme Court of the Russian Federation issued its Plenum Decree No. 49 «On some issues of applying legislation regulating environmental damage remediation». The paper examines several sections of the decree, including Section 13 (on damage compensation by recovery of costs and (or) making the defendant liable for site remediation), Section 14 (on the court’s use of fees and environmental damage assessment methodologies) and Section 18 (on the possibility of making the defendant liable for environmental remediation if a remedial action plan is already in place), as well as forensic practices involved in their enforcement. The authors conclude that substantive remediation of environmental damage requires the assessment of potential costs of remedial action by means of forensic environmental investigation and preparation of recultivation and other remedial project plans.
The paper examines the possibilities of using forestry regulations, including the Rules of Reforestation adopted on June 29, 2016 by Decree No. 375 of the Ministry of Natural Resources andEnvironment of the Russian Federation, for the assessment of remediation costs by environmental forensic scientists
The article analyses arbitration courts’ practice on the assignment of forensic environmental investigations on cases concerning the compensation for environmental damage caused by various environmental violations. At present, such investigations are assigned quite often. However, in most cases, private experts conduct them since there are very few state environmental experts. The article addresses examples of forensic environmental investigations for particular cases: on the facts of discharge of wastewater and oil products into water bodies, deforestation. It is shown that when determining the amount of harm (damage), non-state experts rely on the methods of calculating approved by the Ministry of natural resources and ecology of the Russian Federation, although many experts point out the shortcomings of these methods. In contrast, the Ministry of Justice system’s environmental experts determine the cost of restoration for specific violated environmental objects.
The article addresses the current state of forensic ecology in the Republic of Kazakhstan, the Republic of Armenia, and the Republic of Belarus. The author has analyzed the relevant publications and the data of the official websites of forensic organizations conducting this type of forensic examination. The article presents the methods used by forensic ecologists, highlights the problems they face.The paper also reveals the unequal level of forensic ecology in Kazakhstan, Armenia, and Belarus; simultaneously, it shows that the need for its improvement is recognized in all these countries. Finally, the author notes that for such a development, mutual exchange of experience is essential, as well as the validation of methodological materials developed primarily in the Republic of Kazakhstan and the Russian Federation, with a view to their application in other countries of the Eurasian Economic Union, especially when conducting forensic examinations in cases related to the cross-border negative anthropogenic impact on environmental objects.
The article analyses the concept of “a forensic examination’s task” as one of the fundamental terms of forensic expertology. The author demonstrates that it is a part of a broader concept of “the subject of forensic examination”. She also reviews the classification of tasks of forensic examination.Next, the article addresses the tasks of forensic ecological examination, which by their nature, as a rule, are diagnostic. The author presents their definition as a set of actions common to this kind of forensic analysis, formed by an expert based on the questions posed to him. These actions are implemented by converting potential evidentiary information about the negative anthropogenic impact on environmental objects contained in the case materials submitted for examination into up-to-date evidentiary information.
В настоящем издании изложены организационно-правовые, теоретические основы судебно-автороведческой экспертизы, а также методические рекомендации по проведению данного рода судебных экспертиз.
Пособие содержит практические работы, в ходе которых обучающийся знакомится с наиболее часто встречающимися экспертными задачами и получает практические навыки работы на современном оборудовании, пробоподготовки образцов, а также навыки по интерпретации полученных результатов и оформления их в заключении эксперта.
Пособие направлено на оказание учебно-методической, дидактической и практической помощи стажерам-исследователям и экспертам, проходящим обучение в рамках дополнительной профессиональной переподготовки по экспертной специальности 10.6.
Для лиц, желающих пройти обучение по экспертной специальности 10.6.
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