Theory and Practice of Forensic Science最新文献_第8页

Forensic Linguistics as a Form of Application of Specialized Linguistic Knowledge in Legal Proceedings: Development History and Current State 法律语言学作为一种专业语言知识在法律诉讼中的应用:发展历史与现状

Theory and Practice of Forensic Science Pub Date : 2022-01-12 DOI: 10.30764/1819-2785-2021-4-17-25

V. Kuznetsov

引用次数: 0

Methodical Support for Conducting an Expert Research to Establish the Statute of Limitations for the Execution of Documents’ Requisites: Problems of Expert and Judicial Practice 对开展专家研究以确立文书执行要件的诉讼时效的方法支持:专家和司法实践的问题

Theory and Practice of Forensic Science Pub Date : 2022-01-12 DOI: 10.30764/1819-2785-2021-4-49-56

M. Zhizhina, V. B. Danilovich

{"title":"Methodical Support for Conducting an Expert Research to Establish the Statute of Limitations for the Execution of Documents’ Requisites: Problems of Expert and Judicial Practice","authors":"M. Zhizhina, V. B. Danilovich","doi":"10.30764/1819-2785-2021-4-49-56","DOIUrl":"https://doi.org/10.30764/1819-2785-2021-4-49-56","url":null,"abstract":"The article addresses the problems of methodical support for establishing the statute of limitations when conducting a forensic document examination, directly affecting the admissibility of an expert’s opinion as evidence in legal proceedings. Establishing the statute of limitations for the execution of documents’ requisites is one of the most demanded tasks when considering all categories of cases – administrative, arbitration, civil, criminal. Analysis of the forensic practice of this type of examination in legal proceedings shows the application of various methods and approaches. Such variety raises questions among both the judicial and legal communities. For example, what existing methods are scientifically substantiated, tested, certified, lead to reliable results, and can be used to solve expert tasks? Which are unsuitable for the use in expert practice, and for what reasons?To confirm the suitability of their author’s developments for forensic examination, individual non-state experts provide various patents and certificates. How legal and permissible is this practice?The article offers a competent analysis of the current situation on the example of the widely used method of “wet copying”","PeriodicalId":300595,"journal":{"name":"Theory and Practice of Forensic Science","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116932008","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

On the Development of New Forensic Tools for Detection of Human Skin Prints 人体皮肤指纹检测新法医学工具的开发

Theory and Practice of Forensic Science Pub Date : 2022-01-11 DOI: 10.30764/1819-2785-2021-4-40-48

V. A. Vasil’ev, T. Ermakova, Yu. A. Druzhinin, I. B. Afanas’ev, Yu. T. Yudina

引用次数: 0

Application of Specialized Knowledge When Considering Cases on Challenging the Results of Determining the Cadastral Value of Real Estate Objects 不动产物地籍价值认定结果质疑案件中专业知识的运用

Theory and Practice of Forensic Science Pub Date : 2021-11-04 DOI: 10.30764/1819-2785-2021-3-41-50

A. Butyrin, K. Kolmakova

{"title":"Application of Specialized Knowledge When Considering Cases on Challenging the Results of Determining the Cadastral Value of Real Estate Objects","authors":"A. Butyrin, K. Kolmakova","doi":"10.30764/1819-2785-2021-3-41-50","DOIUrl":"https://doi.org/10.30764/1819-2785-2021-3-41-50","url":null,"abstract":"The article addresses theoretical and normative frameworks and the practice of applying specialized knowledge in trials of cases on challenging the results of determining the cadastral value of real estate objects. The authors establish the elements of specialized knowledge necessary for forensic experts when conducting examinations of this category. It is noted that the change in the volume and structure of specialized knowledge is influenced by the tasks that are assigned to an expert. It is also the case when determining the market value of real estate objects when considering administrative cases on challenging the cadastral value. The specialized knowledge applied by experts in determining the market value of construction objects and land plots can be presented as a system that includes such structural elements of a knowledgeable person’s competence as expertise, competencies, and professional skills. Finally, the authors outline the problems leading, on the one hand, to the increased burden on the forensic expert and extension of the terms of examinations and, on the other hand, the financial burden on the person who appointed an examination.","PeriodicalId":300595,"journal":{"name":"Theory and Practice of Forensic Science","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132521898","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

From the Experience of Expert Assessment of Illegal Logging of Forest Stands 从非法采伐林分专家评估经验看

Theory and Practice of Forensic Science Pub Date : 2021-11-04 DOI: 10.30764/1819-2785-2021-3-88-95

I. Konovalova, E. Lelekova

{"title":"From the Experience of Expert Assessment of Illegal Logging of Forest Stands","authors":"I. Konovalova, E. Lelekova","doi":"10.30764/1819-2785-2021-3-88-95","DOIUrl":"https://doi.org/10.30764/1819-2785-2021-3-88-95","url":null,"abstract":"The article presents the results of an expert assessment of the thinning out of forest stands on the territory of the N district of the Kirov region based on field studies. Fieldwork consisted of recalculating and measuring the diameters of stumps left after felling trees, establishing their species composition and quality condition to determine the volume of harvested wood in the context of species. The stumps found were identified as pine (70 %), spruce, birch, and aspen.The authors reveal that the release forest cutting was carried out within the boundaries of the designated cutting area with an excess of the established volume of wood harvesting for the prime breed (pine). The volume of felled pinewood exceeded 2.5 times; for other species, these data is more than 70 % lower than declared. At the same time, the total actual volume of the withdrawn wood does not exceed the data of the forest declaration. Based on the revealed violation of the forest legislation and the relevant regulatory documents, the authors have calculated the amount of damage caused to the forest plantation due to illegal logging of pine wood in the volume of 297 m3. The damage amounted to more than 4 million rubles.","PeriodicalId":300595,"journal":{"name":"Theory and Practice of Forensic Science","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125026376","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

On the Issue of Evaluating the Cost of Objects of Computer Forensics 论计算机取证对象成本的评估问题

Theory and Practice of Forensic Science Pub Date : 2021-11-04 DOI: 10.30764/1819-2785-2021-3-81-87

N. А. Khatuntsev

引用次数: 0

Problematic Issues of Forensic Examinations in the Detection and Investigation of Crimes on Illicit Trafficking of Narcotic Drugs of Plant Origin 侦查和调查非法贩运植物源性麻醉药品犯罪中的法医检验问题

Theory and Practice of Forensic Science Pub Date : 2021-11-04 DOI: 10.30764/1819-2785-2021-3-73-80

Azat R. Miftakhov

{"title":"Problematic Issues of Forensic Examinations in the Detection and Investigation of Crimes on Illicit Trafficking of Narcotic Drugs of Plant Origin","authors":"Azat R. Miftakhov","doi":"10.30764/1819-2785-2021-3-73-80","DOIUrl":"https://doi.org/10.30764/1819-2785-2021-3-73-80","url":null,"abstract":"The article discusses the main trends in the illegal trafficking of plants containing psychoactive substances of the hallucinogen class. The author reveals the features of hallucinogens and dissociative anesthetics. The article also provides statistical indicators of the consumption growth of new psychoactive substances, including those contained in plant objects. The main criteria by which plant objects fall under the constructive apparatus of illegal trafficking are identified. The author pays special attention to applying specialized knowledge to expert identification and diagnostics of plants withdrawn from illicit trafficking containing narcotic drugs or psychotropic substances or their precursors. To counteract the illegal trafficking of narcotic plants, the author proposes measures to improve the operational algorithms of experts’ actions when investigating herbal narcotic drugs. On the example of plants species Banisteriopsis caapi, the author demonstrates the lack of the study of taxonomic units of tropical plants containing hallucinogens. To solve this problem, the author proposes to change the level of definition of taxonomic affiliation from species to generic in the List of Plants containing narcotic drugs or psychotropic substances or their precursors.","PeriodicalId":300595,"journal":{"name":"Theory and Practice of Forensic Science","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117142986","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

Application of Specialized Linguistic Knowledge in Legal Proceedings: Differentiation and Integration 专业语言知识在法律诉讼中的应用:分化与整合

Theory and Practice of Forensic Science Pub Date : 2021-11-04 DOI: 10.30764/1819-2785-2021-3-17-25

V. O. Kuznetsov

引用次数: 1

The Creative Heritage of Valeria Fedorovna Orlova as the Basis of Domestic Forensic Handwriting Examination 瓦莱里娅·费多罗夫娜·奥洛娃的创作遗产作为国内法医笔迹鉴定的基础

Theory and Practice of Forensic Science Pub Date : 2021-11-04 DOI: 10.30764/1819-2785-2021-3-96-104

L. Sidel'nikova, I. Yagut’yan

引用次数: 1

The Practice of Using Specialized Knowledge to Counteract Dissemination of Extremist Materials 运用专业知识抵制极端主义材料传播的做法

Theory and Practice of Forensic Science Pub Date : 2021-11-04 DOI: 10.30764/1819-2785-2021-3-51-61

O. Antonov

{"title":"The Practice of Using Specialized Knowledge to Counteract Dissemination of Extremist Materials","authors":"O. Antonov","doi":"10.30764/1819-2785-2021-3-51-61","DOIUrl":"https://doi.org/10.30764/1819-2785-2021-3-51-61","url":null,"abstract":"The paper describes the directions of counteracting extremist materials dissemination in Russia and their results as seen in the Federal List of Extremist Materials of the Ministry of Justice of the Russian Federation, statistics of the State Information and Analytical Agency of the Ministry of Internal Affairs of Russia on the number of registered crimes and persons brought to criminal responsibility as well as the Judicial Department at the Supreme Court of the Russian Federation on the state of criminal record and activities of the federal courts of general jurisdiction and justices of the peace.The study aims to develop recommendations to optimize the judicial and investigative use of specialized knowledge to counteract the dissemination of extremist materials. The research tasks are: examining the shortcomings of preliminary investigation, analyzing the current judicial practice of administrative proceedings, and formulating proposals for the best use of specialized knowledge to identify the signs of hatred and enmity in the disseminated products. The study reveals the problems of the investigative practice related to the definition of the forensic examination subject for various categories of objects in terms of their material carriers. The author also notes cases of unjustified expansion of the subject of expert examination of extremist materials. Furthermore, the article identifies the shortcomings and positive experience in judicial practice on publicly available administrative cases on recognition materials as extremist and prosecution persons for inciting hatred or hostility or for posting on the Internet materials included in the Federal List of Extremist Materials. Finally, forensic recommendations on using specialized knowledge in the analysis of disseminated extremist materials are offered.","PeriodicalId":300595,"journal":{"name":"Theory and Practice of Forensic Science","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130245099","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