Theory and Practice of Forensic Science and Criminalistics最新文献

{"title":"Possibilities of Diagnostic Research on Speech of People State of Alcohol Intoxication","authors":"Olha Brendel","doi":"10.32353/khrife.3.2023.10","DOIUrl":"https://doi.org/10.32353/khrife.3.2023.10","url":null,"abstract":"Author aimed to highlight a number of issues arising before forensic expert while forensic research on phonograms containing oral speech of persons, regarding diagnosis of the unusual state of the speaker: in the state of alcohol intoxication and determination of the degree of influence of  speaker’s intoxication state on possibility of conducting identification researches of the announcer while examination of video and sound recording. For achieving the goal, methods of scientific knowledge were used: observation, comparison, abstraction, analysis, synthesis, modeling, etc. Speech disorders have been observed in persons who are in a state of alcohol intoxication. Analysis of alcohol intoxication stages was carried out and their influence on the process of forming a person’s speech activity was determined. Patterns characteristic of the speech of people under influence of alcohol have been revealed. Variability specifics of voice formation and speech of a person under influence of alcohol were studied. Possibility of conducting identification researches based on physical parameters of oral speech, depending on degree of person intoxication was studied. Attention is focused on peculiarities of diagnosing speech of person who is in a state of mild, medium and severe degree of simple alcohol intoxication, and situational moments related to the speaker. As anatomical person speech apparatus creating  individual picture of a speech signal characteristic of a certain person, as speech behavior, skills, individual experience, intelligence, etc., which influence creation of an individual image of speaker in an unusual state alcohol intoxication, are considered. Factors whose variability affects characteristics of a person’s voice in various states of alcohol intoxication have been studied.","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"183 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139282374","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}

{"title":"100 Years of Experience in Forensic Science Support to Justice","authors":"E. Simakova-Yefremian","doi":"10.32353/khrife.3.2023.01","DOIUrl":"https://doi.org/10.32353/khrife.3.2023.01","url":null,"abstract":"Вітаю всіх із виходом 32-го випуску збірника наукових праць «Теорія та практика судової експертизи і криміналістики»! На превеликий жаль, війна триває, і це видання, як і попередні, редакційна колегія підготувала в умовах збройної агресії про- ти України. Цей випуск особливий, оскільки саме в листопаді 2023 року Національний науковий центр «Інститут судових експертиз ім. Засл. проф. М. С. Бокаріуса» відзначатиме своє 100-річчя.За вікову історію сумлінного служіння істині співробітники установи стали учасниками багатьох епохальних подій у нашій державі. 100 років поспіль згуртований колектив Центру гідно відповідає на виклики часу. Щоденно майже 400 відданих справі досвідчених фахівців наполегливо працюють з єдиною метою — забезпечити правосуддя України незалежною, кваліфікованою й об’єктивною експертизою. 1923 року в системі Народного комісаріату юстиції УСРР створено кабінети науково-судової експертизи в містах Харкові, Києві й Одесі. У листопаді 1923 року на базі кафедри судової ме- дицини медичного інституту розпочав свою діяльність Харківсь- кий кабінет науково-судової експертизи, який очолив Микола Сергійович Бокаріус — фундатор криміналістичного напряму в національній судовій медицині, видатний учений і педагог у галузі судової експертизи.Чи уявляв хтось тоді, що багато років потому, завдяки плід- ній праці та досягненням на українській та міжнародній арені, Харківський кабінет стане знаною судово-експертною установою","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139282225","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}

{"title":"Stereotype as an Obstruction to Justice and Its Influence on a Judge While Consideration of a Criminal Proceeding","authors":"Daria Barbash","doi":"10.32353/khrife.3.2023.08","DOIUrl":"https://doi.org/10.32353/khrife.3.2023.08","url":null,"abstract":"Consideration by a judge of criminal cases is closely related to the formation of internal conviction, which, in turn, is influenced by numerous factors, including internal psychological ones. One of them is the phenomenon of stereotyping, inherent to every person as a component of human social nature. The Article Purpose is to analyze the phenomenon of stereotype, its historical development, and study into the influence of the stereotyping process on the judge while consideration of criminal cases. To fulfil the specified goal, a systematic approach was chosen out of general scientific and special scientific methods, among which the most widely used are: historical-legal, formal-legal, and systemic-structural. Significance of the stereotyping phenomenon for society as a whole and for an individual in particular has been also analyzed, its influence on a judge’s internal perception of the defendant and case circumstances, as well as its impact on evidence evaluation in a criminal proceeding. The influence of various types of stereotypes on perception by a judge of a person brought to criminal responsibility (depending on his/her gender, race, or nationality) has been studied, along with racial bias during consideration of criminal cases (depending on crime type). It has been proven that a deeply-rooted stereotype can influence the development of a judge’s internal conviction, and therefore, evaluation of evidence in a case, the decision on a person’s guilt (innocence), determination of punishment, etc. It has been highlighted that stereotyping during administration of criminal cases by a judge negatively affects the judge’s impartiality and may provoke discrimination against parties in a criminal proceeding, which is inadmissible.","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"11 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139334649","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}

{"title":"Scientific activity in the field of forensic science is the methodology basis forensic researches under martial law","authors":"Aleksandar Ivanović, E. Simakova-Yefremian, Yevhen Pivnov","doi":"10.32353/khrife.3.2023.02","DOIUrl":"https://doi.org/10.32353/khrife.3.2023.02","url":null,"abstract":"In its essence, research method is a pool of techniques, methods and operations of practical and theoretical actions of person aimed at learning about an object. Foreign scientific schools often do not distinguish between methodology and research methods. Domestic scientific tradition considers methodology as a teaching about scientific method of cognition or as a system of scientific which principles research is based and on which determining totality of its cognitive means, methods and techniques. Another important basis for differentiating methods is the division by the degree of their influence on preservation of objects of forensic examination. The purpose of this work (for which achievement general scientific, separate and special methods are applied) is to investigate the issues of methodology of forensic science, methods and techniques of expert research in the conditions of martial law and global threats related to crimes of Russian aggressor against Ukraine. Analysis of terms and concepts was carried out, their own definitions were proposed and the need to improve the scientific and methodological provisions of forensic expert activity was emphasized. Despite  objective problems associated with martial law, scientists and experts of the system of forensic science institutions of Ukraine persistently continue their scientific activities, since specific expertise application in the form of expert conclusion is a guarantee of expert provision of justice in the state. At the same time, solution of forensic examination tasks should be based on a reliable, modern scientific and methodical base requiring scientific research on theoretical and methodological issues. Analysis of regulatory control of accounting of forensic science methods was carried out. According to results of consideration of issues of international cooperation in the field of forensic science during the war, urgent problems were singled out, including involvement of foreign experts in conducting forensic examinations in Ukraine which requires regulatory control in the Law of Ukraine “On Judicial Examination”. The R&D topic of  (on the example of National Scientific Center «Hon. Prof. M. S. Bokarius Forensic Science Institute») related to the challenges of the war was studied that confirmed relevance of issues raised for the modern stage of development of forensic science.","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"58 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139334201","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}

{"title":"Features and Prospects of the Use of X-chromosomal Tandem Repeats in Forensic Molecular Genetic Examination","authors":"Sofiia Ziubrii","doi":"10.32353/khrife.3.2023.09","DOIUrl":"https://doi.org/10.32353/khrife.3.2023.09","url":null,"abstract":"When conducting molecular genetic examinations, biological specialists in Ukraine usually use kits for autosomal STR repeats and Y-chromosome repeats and do not use kits for X-chromosomal STR repeats at all. The research paper’s purpose is to analyze the literature data to determine the characteristics of the X chromosome, the possibilities of using X chromosome typing kits, and their implementation in the forensic practice of experts in molecular genetic examinations. The criteria for searching and STR loci are defined, the characteristics of commercial kits (in particular, Argus X-8 PCR Amplification Kit from Biotype AG and Investigator Argus X-12 QS Kit (Germany), X19 X-STRs amplification kit from AGCU ScienTech Inc. and 19X Direct ID system (China)) the directions of their use are considered. The data of scientific and methodological literature on the frequency of mutations, the prevalence of alleles in populations, and the prospects for creating a common database of X-STR repeats are studied. To achieve this goal, general and special methods were used, among which the main one is the structural genetic analysis and synthesis of X-chromosome research data from the standpoint of forensic genetics. The methods of formalizing the characteristics of commercial X-STR repeat kits and their comparative analysis, systematizing possible areas of STR repeat use taking into account the peculiarities of X chromosome inheritance, and generalizing population studies conducted in European countries were also used.","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"25 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139334378","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}

{"title":"Internal expert conviction: forensic veterinary aspect","authors":"Ivan Yatsenko","doi":"10.32353/khrife.3.2023.05","DOIUrl":"https://doi.org/10.32353/khrife.3.2023.05","url":null,"abstract":"Using general scientific and special scientific methods, problematic aspects of internal conviction phenomenon of forensic expert (in particular, forensic veterinarian) are outlined and ways of their solution are proposed. It has been proven that this category is an element of independence and immediacy of research on object specifics and properties in order to find out factual data and case (proceedings) circumstances. The author’s definition of concept of “internal conviction of forensic expert” is formulated, its specifics and factors affecting its formation are singled out. Mechanism for minimizing influence of subjectivism on forensic expert activity and on drawing up forensic expert conclusion is proposed. Structure of expert’s inner conviction is revealed and attention is focused on the fact that it is expedient to distinguish epistemological, psychological, ethical, moral and legal components. Directions of implementation of this phenomenon in forensic expert activity are considered. It is argued that internal conviction of forensic expert should be understood as the state of his consciousness and feelings which is the result of mental subjective activity while conducting expert research and evaluating the signs and properties of tangible and materialized objects in order to find out the factual data and circumstances of case (proceedings) according to a specific examination, when he considers the condition of objects provided for research to be suitable, and their number sufficient to provide a well-founded and objective conclusion; is sure of its correctness, does not doubt infallibility of his decision and is ready to act in accordance with.","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"61 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139334722","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}

{"title":"Legal regulation of innovation and investment activities in agrarian sector of Ukrainian economy","authors":"Daryna Kondratenko","doi":"10.32353/khrife.3.2023.07","DOIUrl":"https://doi.org/10.32353/khrife.3.2023.07","url":null,"abstract":"Investment activity in the field of agriculture has been carefully studied by domestic scientists and practitioners based on the criteria of economic indicators, but legislation determining procedure for attracting investments to the agrarian sector of national economy has remained out of their attention. In order to overcome objective and subjective obstacles, for continuous and intensive development, Ukrainian agriculture needs special support, that can be provided to a large extent whereby of foreign investments. Guaranteeing productivity and profitability of the entire agricultural sector, especially its most labor-intensive areas (for example, animal husbandry, horticulture, cultivation of special crops, etc.), moreover, in conditions of full-scale Russian aggression against Ukraine, is possible only thanks to improvement and adjustment of investment activities in this area, as well as unconditional State support and introduction of innovations. Normative and legal regulation of attracting investments to agricultural sector of Ukraine has been studied. The ways of improving legislative regulation of investment procedure in order to increase attractiveness of investment climate in our country are outlined. The article purpose is to identify problematic aspects of current laws and subordinate legal acts that prevent optimizing procedure of investing in agrarian sector of national economy, as well as consider international legal framework on this issue. For achieving the goal, general scientific dialectical method and methods of scientific knowledge were used, and for the full and comprehensive disclosure of the research topic, hermeneutic, formal-legal and formal-logical methods were used.","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"5 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139334116","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}

{"title":"Introduction Directions of Foreign Innovative Practice in Staffing of Forensic Science Institutions of Ukraine","authors":"O. Uhrovetskyi, O. Cataraga, Daria Davydenko","doi":"10.32353/khrife.3.2023.03","DOIUrl":"https://doi.org/10.32353/khrife.3.2023.03","url":null,"abstract":"The authors aimed to outline introduction directions of foreign innovative practices in the staffing of forensic science institutions of Ukraine. In order to achieve the goal, a system of general scientific methods (theoretical generalization, comparison, system analysis and formalization) was applied. It was established that in the field of HR management in recent years, a synthesis of various models has been used among which the Western European and American ones (despite certain differences) have common cornerstones making them the most suitable for improving the staffing of domestic institutions and enterprises, in particular forensic science institutions. Western innovations in HR policy (planning, search, selection, hiring (determination of requirements for  specific job position, attraction and selection of candidates) and adaptation (mentoring and coaching) of employees: psychophysiological, socio-psychological, professional, organizational ones) were analyzed and compared with established trends in the work of Ukrainian HR departments. Attention is focused on: training (informal, specific duties, continuous and self-education) and development of employees; specifics of calculating their wages (in particular, the expediency of using multi-factor methods of assessing personal contribution of each employee from the standpoint of effectiveness, quality, initiative, timeliness of execution and modernity of working methods, compliance with safety techniques, speed of adaptation to new conditions, etc. was considered); motivation and formation of a favorable climate in the team for further development of each employee; assessment and certification of employees (using, in particular, psychological, practical and prognostic methods).","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"26 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139334157","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}

{"title":"Problematic Aspects of Appointing and Conducting a Forensic Fire Investigation","authors":"Iryna Petrova, I. Bohdaniuk","doi":"10.32353/khrife.3.2023.04","DOIUrl":"https://doi.org/10.32353/khrife.3.2023.04","url":null,"abstract":"The authors aimed to outline problematic aspects of individual stages in investigation of circumstances of the fire; to formulate recommendations regarding requirements for the inspection of the scene and the circle of expert witnesses who should participate in this inspection, regarding the specifics of the appointment of forensic fire investigations and further evaluation of results of the conducted research; pay attention to errors that a forensic expert may make during a forensic fire investigation and reasons for such errors. For achieving this goal, general scientific and special scientific methods are applied, in particular, analysis, synthesis, analogy; formal and logical; logical and legal; systemic and structural ones. It has been proven that methods and expert techniques determined by the investigative-expert situation at each stage of the investigation should be used to investigate the fire. In order to prevent erroneous expert conclusion, the need to update to modern level of development of science and technology and unify methodical recommendations and forensic methods for conducting forensic researches on all possible objects at each of the stages of fire investigation has been identified. It is emphasized that the following criteria should be used to evaluate the results of a forensic fire research and form forensic expert conclusion: availability of dangerous process signs; the existence of fire-hazardous process factors;  coincidence of detection place of fire-hazardous factor with the fire center; possibility of combustion from such a fire-hazardous factor; justified exclusion of other possible factors of fire occurrence. Errors that are most often assumed while conducting of forensic a fire investigations and preparation of forensic expert conclusion are highlighted.","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"29 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139334004","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}

{"title":"Modern Achievements of Forensic Expert Industry in Ukraine","authors":"O. Kliuiev","doi":"10.32353/khrife.1.2023.01","DOIUrl":"https://doi.org/10.32353/khrife.1.2023.01","url":null,"abstract":"Forensic industry in Ukraine is constantly developing, despite stormy challenges of our time. Ukrainian statehood has been courageously resisting ruscist invaders for more than a year, civilians strongly support the Armed Forces of Ukraine and hold economic, scientific, educational, cultural and other fronts. Not just keep, but develop all field of life for post-war reconstruction of Ukraine. Despite the martial law, recently forensic industry of Ukraine has been marked by a number of new achievements that improve quality and increase efficiency of forensic expert researches.","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"216 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139359394","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}