The application of forensic science and expertise is a necessary prerequisite for the investigation of crimes at the local and national level. Without the use of forensic science and expertise, an investigation within the framework of a criminal process becomes dead and unsubstantiated. But with the globalisation of world processes, the development of technologies, the speed of information transmission, the formation of crime outside the borders of one state and its entry into the international level has become an urgent problem, which has become a challenge in countering such crime and the need to steer forensic science and expertise towards assisting law enforcement activities. A special feature of countering the investigation of crimes was the creation of international cooperation between forensic specialists and expert witnesses even prior to the establishment of practical institutions that could counteract them in practice. Therewith, some representatives of such international unions and associations have taken serious steps in creating mechanisms for real counteraction to crimes at the international level (R.A. Reiss, G. Soderman, M.Sh. Bassiuni). Coverage of the problem of international cooperation in the investigation of crimes through the definition of the role of forensic science and expertise allowed focusing on the following blocks: 1) international associations of forensic specialists for combating crime in the historical context; 2) international criminal police organisations in combating crime; 3) international cooperation in the field of conducting forensic examinations; 4) the use of forensic and special knowledge in the activities of the International Criminal Court. Thus, a combination of theory and practice in the fight against crime is demonstrated. Historically, this is associated with the role of forensic science and expertise in recording traces of crimes, analysing them, and forming legal, forensic, and expert witness opinions. The purpose of the study is to establish the decisive role of forensic science and expertise in international cooperation in the investigation of crimes. For this, the authors turned to forensic science and expertise, historical processes that served to create substantial international organisations created to counter international crime
The aim: To carry out a historical review of the formation and development of medical forensics in the XIX – early XX century in Ukraine, as well as to identify its trends at the present stage. Materials and methods: The article is based on the study of archival and published materials, the results of integrating expert judgments, judicial practice and regulatory acts of the Ministry of Health of Ukraine, interviewing investigators and court experts. In the course of the research a system of scientific methods has been used: historical, comparative, terminological analysis, formal-logical, sociological. Conclusions: In the XIX and early XX centuries, the foundations for the formation of medical criminalistics were laid, which facilitated the development of forensic medicine, criminalistics and forensic examination. Special medical knowledge is widely used in investigative, judicial and expert practice. The synthesis of medical and forensic knowledge enhanced the development of a method of personal identification, based on his/her genetic properties, the formation of molecular genetic examination, the study of individual objects at the modern level.
The paper investigates the development of criminal legislation of Ukraine as exemplified in crimes against justice. To this end, the author approached the study of criminal law through the analysis of its development in the globalised world and in Ukraine. In this context, it is proposed to refer to criminal legislation as globalisational and to codification – as unified. This is caused by the rapprochement of countries in the world through the implementation of conventions and other international regulations and, consequently, the harmonisation of criminal legislation. In historical retrospect, the author constructed a historical map of crimes, misdemeanours, and offences against justice inherent in the criminal legislation of Ukraine in the 11th-20th centuries (based on the stage and initial possibility of their commission). It was determined that certain trends of establishing criminal liability for commission of criminal offences in justice will affect the development of crimes against justice: 1) implementation of international regulations; 2) ensuring the protection of the activities of international courts whose jurisdiction is recognised by Ukraine; 3) establishment of a system of criminal offences against justice through their division into groups in the structure of the corresponding section (division of the section into chapters). Such groups may be: 1) criminal offences in administration of justice; 2) criminal offences in enforcement of justice; 3) criminal offences in support of enforcement of justice. The use of these approaches allowed to develop the prospects of criminal legislation on crimes and misdemeanours against justice. Emphasis is placed on the fact that criminal offences (crimes) against justice are such acts that significantly differ in the severity of the offence, their social danger, and therefore the division of these criminal offences into crimes and misdemeanours should affect the procedural features of bringing the respective perpetrators to criminal responsibility
Traditionally, Forensic Sciences and Criminalistics are considered to be kindred sciences which are supposed to discover the truth in legal proceedings by developing the methods of research and evidence assessment. Criminalistics and Forensic Sciences are a reflection of different periods of the formation of science, which was developing in different schools and, accordingly, scientific areas with the use of legal, technical, tactical and methodological capabilities that were in the arsenal of its best representatives. In general, criminalistic research in different countries is carried out depending on the variability of legal and scientific-technical factors that affect its form and content. At the same time, it should be noted there had been different schools and approaches, what enabled the formation of two criminalistic sciences in different parts of the world “Criminalistics” and “Forensic Sciences”. Criminalistcs is traditionally a “mother” science for both “Forensic Examination” and “Forensic Sciences” in general, because its initiated methodology (subject, system, methods) is primary for these sciences. The subject of Forensic Ezamination is inseparable from Criminalistics, as it allows creation and usage of methods developed through the application of rules and algorithms that had been developed by Criminalistics. The use of criminalistc tactics allows shaping the position of a forensic expert in court. Some types of forensic examinations are called criminalistic. Instead Forensic Sciences offer guidance and technology that forensic experts rely on. At the same time, Forensic Sciences take care of the formation of the testimony of forensic experts in court. It is also important for forensic scientists to give credit to Criminalistics for traditional approaches to the theory of identification, conduct, individualization and assessment of physical evidence. The conducted research made it possible to stress not only the possibility of situational synonymous use of “Criminalistics” and “Forensic Sciences”, as well as “Forensic Examination” and “Forensic Sciences”, but also to indicate that the mentioned sciences continue rapprochement and exchange, and this is enhanced by scientific and technological progress and globalization of the world. A significant role in this process play non-governmental and non-profit organizations of criminalistic, forensic research and forensic purposes, which conduct joint activities, develop and provide methods, declare certain inventions and specifics of the use of certain technical means for research purposes.
Document examination in criminalistics and forensic sciences is an activity required during the investigation and/or judicial proceedings. Using the full potential of investigative actions in document examination is an important source of evidence, which makes it possible to put the crime investigation on the right path. It is extremely important to resolve issues related with the expert examination of documents. Since the technical study of documents is the most common type of forensic studies, the article notes its transformation both towards expanding and restricting its volume. Moreover, the authors give indication of the new paradigm emerging in the examination of documents and their new forms, which highlights the need for developing new approaches and using different techniques and legal frameworks. Another important aspect is the protection of the judicial proceedings from false and erroneous forensic expert reports. To this end, forensic experts are warned of possible criminal liability and are sworn in. It is worth noting that these mechanisms are not always effective and the use of additional legal and managerial
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