Improvement of Forensic Support: Theoretical, Legal and Organizational Aspects

Kliuiev, O.

doi:10.32353/khrife.1.2019.08

Cited by 4 publications

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“…A 2.5-fold decrease in the concentration of glucose in the blood serum was also found, which indicates the development of hypoglycaemia, inherent in diseases of the gastrointestinal tract with the manifestation of haemorrhagic enteritis. (Klyuyev, 2019). During a forensic veterinary examination, only a forensic veterinary expert is the subject of expert activity, who is authorized by law to resolve issues related to the identification and assessment of bodily injuries caused to an animal as a result of cruel treatment (Yatsenko & Parilovskyi, 2020;Randour et al, 2021), during a traffic accident (Conroy et al, 2019), poaching (Franckenberg et al, 2015), in case of violation of their exploitation regime (Hall et al, 2020), use in various spectacular events (Doelling et al, 2021) etc.…”

Section: Discussionmentioning

confidence: 99%

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2022

Ukrainian journal of veterinary sciences

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Section: Discussionmentioning

confidence: 99%

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2022

Ukrainian journal of veterinary sciences

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“…Prof. M.S. Bokarius Institute of Forensic Examinations" of the Ministry of Justice of Ukraine (NRC IFE) (Kliuiev, 2019;Derecha, 2021). One of the most difficult problems in the theory and practice of forensic veterinary examination is the development of rational approaches to the organization of the procedure for carrying out an expert examination, specifically a live examinee animal because of the objectivity, reasonableness, correctness, and truthfulness of the forensic expert's conclusion depend on this, as a source of evidence for judicial proceedings (Brownlie & Munro, 2016).…”

Section: Introductionmentioning

confidence: 99%

Theoretical justification and praxeological significance of the stages of expert research of a living animal

Yatsenko¹

2023

Law. Human. Environment

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The relevance of this study is determined by the need to develop the theoretical foundations of forensic veterinary medicine as a science and educational discipline, namely, to justify, test and put into practice the methods, means, and methodology of expert research of specific objects. The purpose of this study was to argue the meaning and outline the functions of each of the stages of expert examination of live animals in forensic veterinary examination. The methodological framework of this study included a systematic approach determined by the specific features of the subject under study and associated with the use of general scientific and special scientific methods, including analysis, synthesis, induction, deduction, analogy, formal-logical, comparative-legal, system-structural methods, modelling, observation, description, analysis of the practice of forensic veterinary examination, special methods, the functions of which are performed by methods of intravital clinical forensic veterinary diagnostics of animals. Based on the conducted research and generalization of the practice of forensic veterinary examination of live animals, it is argued in the work that this process consists of four stages: preparatory, analytical, comparative and synthesis stage. The separation of certain stages was substantiated, due to the diverse nature of the tasks that the forensic expert solves, the application of algorithms and methods of forensic examination of animals of different complexity, and the involvement of various technical techniques and equipment at each particular stage. The study proved that the sequence of applying the stages of the forensic veterinary examination of a live animal contributes to the correct assessment of the detected signs of injury or health disorder of the animal based on their comprehensive assessment, is designed to solve intermediate expert tasks, trace the process of conducting the examination and evaluate the obtained results for the justified establishment of a forensic veterinary diagnosis and formation of an expert’s opinion. It was proved that the rules (methodical recommendations) of the forensic veterinary determination of the degree of severity of damage caused to the animal’s health, the method of forensic veterinary examination of animals to establish their mutilation, and the method of forensic veterinary examination of animal corpses are the basis of the conducted research. The theoretical substantiation of the stages of the expert examination of a live animal and the coverage of their praxeological significance will be positively reflected in the conduct of a forensic veterinary examination and compilation of the results of forensic veterinary examinations.

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“…Forensic veterinary examination as a scientific field and an applied branch is a relatively new class of forensic examination not only in Ukraine (Kliuiev, 2019), but in many foreign countries (de Siqueira et al, 2016; Rebollada-Merino et al, 2020; Smith-Blackmore & Bethard, 2020) and occupies a prominent place in the system of expert research (Babinska et al, 2018).…”

Section: Introductionmentioning

confidence: 99%

Problems of concluding an expert opinion based on the results of a forensic veterinary examination of a live animal and ways to solve them

Yatsenko¹

2022

Law. Human. Environment

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Forensic veterinary examination is a new type of forensic examination that is actively developing in the forensic examination institutions of the Ministry of Justice of Ukraine. Since its theory and methodology are yet forming, there is a need to develop its terminology, methods, and means of conducting and formalizing research results. The purpose of this study was to single out the problematic issues of drafting an expert’s opinion based on the results of a forensic veterinary examination of a live animal and to outline ways to solve them. The study employed various scientific methods, namely dialectical, methods of logic (formal legal, system-structural analysis, modelling, analysis, synthesis, induction, deduction), general cognitive methods (description, observation), special methods, the functions of which are performed by methods of lifetime clinical forensic veterinary diagnostics of animals. The present paper focuses on the fact that the specific feature of the introductory part of the conclusion of a forensic expert is that it indicates the object of examination – a live animal. A list of issues to be resolved by the authorized body or person who appointed the forensic veterinary examination was developed in this study. The structure of the investigative part of the forensic expert’s opinion was covered and substantiated for the first time, which is based on a forensic veterinary examination of the subject animal based on the principle of analysing the state of individual body systems, including blood circulation, breathing, urination, sexual, nervous, and sensory. The description in the expert opinion of the results of the analysis of individual veterinary documents concerning the subject of proof was substantiated. It was shown that based on the results of the clinical forensic-veterinary examination of a live animal under expert examination, the forensic expert outlines the forensic-veterinary diagnosis, and in the section of the examination part of the opinion, which synthesizes the results, summarizes the obtained data. It is stated that the final part of the forensic expert opinion contains comprehensive, scientifically sound, consistently laid out, clear, specific, expressive, understandable answers to the questions raised, the list of which is indicated in the introductory part of the opinion. The present paper outlined the structure of appendices to the opinion of a forensic expert, which is most often photo illustrations of injuries found in an animal under examination. The solutions developed in this paper concerning the drafting of an expert’s opinion based on the results of a forensic veterinary examination of a live animal are guaranteed to be reflected in the conduct and drafting of the results of forensic veterinary research.

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Improvement of Forensic Support: Theoretical, Legal and Organizational Aspects

Cited by 4 publications

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Theoretical justification and praxeological significance of the stages of expert research of a living animal

Problems of concluding an expert opinion based on the results of a forensic veterinary examination of a live animal and ways to solve them

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