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Theory and Practice of Forensic Science最新文献

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Normative Regulation for the Application of Specialized Knowledge in Civil Proceedings 民事诉讼中专业知识适用的规范规定
Theory and Practice of Forensic Science Pub Date : 2022-10-27 DOI: 10.30764/1819-2785-2022-3-6-17
O. G. D’yakonova
{"title":"Normative Regulation for the Application of Specialized Knowledge in Civil Proceedings","authors":"O. G. D’yakonova","doi":"10.30764/1819-2785-2022-3-6-17","DOIUrl":"https://doi.org/10.30764/1819-2785-2022-3-6-17","url":null,"abstract":"Based on the analysis of use of specialized knowledge in legal proceedings, the author reveales its common forms and types applied in civil and administrative proceedings. The problems and conflicts generated by the legal regulation of the use of specialized knowledge in legal proceedings have also been reviewed. As a result, the author concludes that there is no unified approach to the legal regulation of forensic expertise and the participation of a specialist in civil and administrative proceedings. Practically there arise some problems associated both with the appointment and production of a forensic examination, and with the participation of a specialist in procedural actions.The inability to resolve certain issues results in the recognition of evidence as inadmissible. One of the main reasons for this is the adoption of procedural codes and amendments and additions to them without considering the provisions developed by the science of forensic expertology. The author emphasizes that forensic expertology studies legal, including normative, theoretical, and methodological issues of the use of specialized knowledge in legal proceedings basing on the integrated approach, and so it does not monopolize the subject of research, but provides a versatile approach to it, considering the developments of procedural sciences. As a result, forensic expertology can act as the fundamental knowledge for normative regulation and implementation of legal institutions of forensic expertise and participation of a specialist.","PeriodicalId":300595,"journal":{"name":"Theory and Practice of Forensic Science","volume":"102 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115640184","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Problematic Issues of Scientific and Methodical Support of the Forensic Cost Evaluation of Real Estate Objects and the Ways to Solve Them 房地产物证成本评估科学、系统支撑的问题及解决途径
Theory and Practice of Forensic Science Pub Date : 2022-10-27 DOI: 10.30764/1819-2785-2022-3-51-69
D. Ivanov, O. G. Karnaukhova, P. Kozin, D. D. Kuznetsov
{"title":"Problematic Issues of Scientific and Methodical Support of the Forensic Cost Evaluation of Real Estate Objects and the Ways to Solve Them","authors":"D. Ivanov, O. G. Karnaukhova, P. Kozin, D. D. Kuznetsov","doi":"10.30764/1819-2785-2022-3-51-69","DOIUrl":"https://doi.org/10.30764/1819-2785-2022-3-51-69","url":null,"abstract":"The aim of the article is to develop a scientific and methodical support for the forensic cost evaluation of real estate objects defferent from the federal appraisal standards. The authors solve the problem of comparative analysis of the professional activity of a real estate appraiser and a forensic expert who determines the market value, they also reveal their formal and substantive differences. They come to a reasonable conclusion about the necessity to develop a special methodology for forensic cost evaluation, as a study focused on the judicial system and considering the modern achievements in construction sciences, international valuation standards.The proposed methodology includes the analysis of two evaluations presented by the litigants and the fair (equilibrium) value of the property in a forensic expert’s opinion. The authors offer to compare two cost models identifying the critical parameters that led to the formation of the initial cost interval.The proposed version of scientific and methodical support does not require changes in the legislation and federal evaluation standards, but it involves the development of the guidelines for determining fair value by comparing the estimates submitted to the court by the parties to the dispute. The suggested methodology presents some additional opportunities for the development of a system of pre-trial resolution of disputes.","PeriodicalId":300595,"journal":{"name":"Theory and Practice of Forensic Science","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129307789","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Possibilities of Studying Handwritten Document Requisites Made Using Special Programs and Technical Means 研究使用特殊程序和技术手段制作的手写文档必需品的可能性
Theory and Practice of Forensic Science Pub Date : 2022-10-27 DOI: 10.30764/1819-2785-2022-4-59-69
A. F. Kupin, V. V. Botvina
{"title":"Possibilities of Studying Handwritten Document Requisites Made Using Special Programs and Technical Means","authors":"A. F. Kupin, V. V. Botvina","doi":"10.30764/1819-2785-2022-4-59-69","DOIUrl":"https://doi.org/10.30764/1819-2785-2022-4-59-69","url":null,"abstract":"","PeriodicalId":300595,"journal":{"name":"Theory and Practice of Forensic Science","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132344389","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Establishing the Alcohol Nature in Forensic Analysis of Alcohol-Containing Liquids 含酒精液体法医分析中酒精性质的确立
Theory and Practice of Forensic Science Pub Date : 2022-10-27 DOI: 10.30764/1819-2785-2022-3-104-111
I. Kazantseva, V. Bulanov
{"title":"Establishing the Alcohol Nature in Forensic Analysis of Alcohol-Containing Liquids","authors":"I. Kazantseva, V. Bulanov","doi":"10.30764/1819-2785-2022-3-104-111","DOIUrl":"https://doi.org/10.30764/1819-2785-2022-3-104-111","url":null,"abstract":"The article presents the results of the adaptation of the spectral-luminescent method for establishing the alcohol nature regarding alcohol liquids of a non-industrial manufacturing based on rectified ethyl alcohol, which are the prevailing objects submitted for forensic examination of materials, substances, and products of alcohol-containing liquids. The authors describe the particularities of sample preparation, the calculation formulas, and the limitations for application of the method. The proposed method has been tested on samples with a known composition.","PeriodicalId":300595,"journal":{"name":"Theory and Practice of Forensic Science","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130387097","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Improving the Methodological Support of Environmental Forensics 完善环境法医的方法支持
Theory and Practice of Forensic Science Pub Date : 2022-08-14 DOI: 10.30764/1819-2785-2022-2-70-74
N. V. Mikhaleva
{"title":"Improving the Methodological Support of Environmental Forensics","authors":"N. V. Mikhaleva","doi":"10.30764/1819-2785-2022-2-70-74","DOIUrl":"https://doi.org/10.30764/1819-2785-2022-2-70-74","url":null,"abstract":"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.","PeriodicalId":300595,"journal":{"name":"Theory and Practice of Forensic Science","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120979651","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
Classification of Forensic Examinations: The Approach Based on Forensic Expertology 法医鉴定的分类:基于法医鉴定的方法
Theory and Practice of Forensic Science Pub Date : 2022-08-14 DOI: 10.30764/1819-2785-2022-2-75-82
O. G. D’yakonova, E. V. Ivanova
{"title":"Classification of Forensic Examinations: The Approach Based on Forensic Expertology","authors":"O. G. D’yakonova, E. V. Ivanova","doi":"10.30764/1819-2785-2022-2-75-82","DOIUrl":"https://doi.org/10.30764/1819-2785-2022-2-75-82","url":null,"abstract":"The article addresses the criteria for the classification of forensic examinations, including the analysis of the relevance of the division of the examinations into forensic and other. The authors reveal the contradictions in determining the names of forensic examinations conducted in various departments, they also demonstrate that the classification of examinations directly affects the training of forensic experts. The article provides some recommendations on the appointment of forensic examinations for the law enforcement officers.It is shown that to divide forensic examinations into classes, kinds, and types, an expertologic approach should be used: a comprehensive classification criterion defined within the framework of forensic expertology. In practical terms, the authors propose to enshrine the most frequently performed kinds (types) of examinations in a Decree of the Government of the Russian Federation, and that departments should bring their internal orders in line with the list approved by the Government.","PeriodicalId":300595,"journal":{"name":"Theory and Practice of Forensic Science","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127597308","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Methodology for Determining Time Intervals by Video Recordings 用录像确定时间间隔的方法学
Theory and Practice of Forensic Science Pub Date : 2022-08-13 DOI: 10.30764/1819-2785-2022-2-58-69
A. G. Boyarov, O. O. Vlasov, I. S. Siparov
{"title":"Methodology for Determining Time Intervals by Video Recordings","authors":"A. G. Boyarov, O. O. Vlasov, I. S. Siparov","doi":"10.30764/1819-2785-2022-2-58-69","DOIUrl":"https://doi.org/10.30764/1819-2785-2022-2-58-69","url":null,"abstract":"Video recording as a product of informational and communication technologies has a specific place in the development of the society. The problem of forensic analysis of video recordings has a long history and transforms along with the development of technical means. Video recordings are a valuable source of factual data on cases involving traffic accidents, when in addition to describing the contentrelated side of the case, it is necessary to make certain calculations of temporal and spatial characteristics.The paper aims to form a unified methodological approach to establishing the temporal characteristics of events recorded on a video as part of forensic analysis of video footage. The authors present a framework for selecting a correct source of data when determining time intervals, describe a step-by-step sequence of actions for an expert to solve the question put to him, and the methods to determine time intervals.","PeriodicalId":300595,"journal":{"name":"Theory and Practice of Forensic Science","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117114633","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Forensic Linguistic Analysis on Cases of Dissemination of Knowingly False (Unreliable) Information under the Guise of Credible Messages 假借可信信息传播虚假(不可靠)信息案例的司法语言学分析
Theory and Practice of Forensic Science Pub Date : 2022-08-13 DOI: 10.30764/1819-2785-2022-2-49-57
V. O. Kuznetsov
{"title":"Forensic Linguistic Analysis on Cases of Dissemination of Knowingly False (Unreliable) Information under the Guise of Credible Messages","authors":"V. O. Kuznetsov","doi":"10.30764/1819-2785-2022-2-49-57","DOIUrl":"https://doi.org/10.30764/1819-2785-2022-2-49-57","url":null,"abstract":"The article is devoted to a pressing problem – linguistic analysis on a new category of cases in the Russian legislation: dissemination of knowingly false (unreliable) information under the guise of credible messages (Articles 207.1, 207.2, 207.3 of the Criminal Code of the Russian Federation and Parts 9, 10, 10.1, 10.2 of Article 13.15 of the Administrative Code of the Russian Federation).Based on the expert analysis of these legislative novelties, the author has developed an expert concept of “statement of facts and events” having legal validity. The author also presents the most advisable wordings of questions to a forensic expert, as well as a methodological approach to address them. As examples illustrating the solution of an expert task and implementation of the proposed approach, the author analyses two cases from his expert practice.","PeriodicalId":300595,"journal":{"name":"Theory and Practice of Forensic Science","volume":"106 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128603109","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Methodical Approach to the Analysis of Information Materials Regarding Public Discredit of the Use of the Armed Forces of the Russian Federation 系统分析关于使用俄罗斯联邦武装部队的公众名誉的信息材料
Theory and Practice of Forensic Science Pub Date : 2022-08-12 DOI: 10.30764/1819-2785-2022-2-41-48
T. N. Sekerazh
{"title":"Methodical Approach to the Analysis of Information Materials Regarding Public Discredit of the Use of the Armed Forces of the Russian Federation","authors":"T. N. Sekerazh","doi":"10.30764/1819-2785-2022-2-41-48","DOIUrl":"https://doi.org/10.30764/1819-2785-2022-2-41-48","url":null,"abstract":"In view of the urgency of solving expert tasks resulting from the application of the new norms of the legislation of the Russian Federation regulating actions aimed at discrediting the use of the Armed Forces of Russia in order to protect the interests of the state and its citizens, maintaining international peace and security (Article 280.3 of the Criminal Code of the Russian Federation, Article 20.3.3 of the Administrative Code of the Russian Federation), the author reviews the methodical approach in the basis of the methodical letter for state forensic experts. The author justifies the expediency of appointing complex forensic psychological and linguistic examinations to analyze this kind of objects. She also presents the grounds for its appointment, the subject and objects, the tasks to be solved, and the main expert concepts of such examinations.","PeriodicalId":300595,"journal":{"name":"Theory and Practice of Forensic Science","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126965433","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Some Aspects of Applying a Systematic Approach to the Study of the Objects of Forensic Examination 运用系统方法研究法医鉴定对象的若干问题
Theory and Practice of Forensic Science Pub Date : 2022-08-12 DOI: 10.30764/1819-2785-2022-2-6-17
A. I. Usov, E. S. Karpukhina, V. O. Kuznetsov
{"title":"Some Aspects of Applying a Systematic Approach to the Study of the Objects of Forensic Examination","authors":"A. I. Usov, E. S. Karpukhina, V. O. Kuznetsov","doi":"10.30764/1819-2785-2022-2-6-17","DOIUrl":"https://doi.org/10.30764/1819-2785-2022-2-6-17","url":null,"abstract":"The article is devoted to the application of the systematic approach when studying the objects of forensic examination. Based on the theoretical reflection on the problem, as well as on the materials of practice of forensic computer and integrated psychological and linguistic examinations, the authors demonstrate that it is necessary to consider complex objects of analysis as systems. All the elements of such systems are intertwined, aligned, organized and collectively possess properties that are not inherent in any component of their parts. Application of the systematic approach in the production of forensic examinations will help to avoid mistakes resulting in unreliable conclusions.","PeriodicalId":300595,"journal":{"name":"Theory and Practice of Forensic Science","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114965676","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
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