Theory and Practice of Forensic Science and Criminalistics最新文献

{"title":"THE SYSTEM OF LAW ENFORCEMENT AGENCIES INTERACTING WITH FORENSIC SCIENCE INSTITUTES","authors":"S. Naumenko","doi":"10.32353/khrife.2.2020.16","DOIUrl":"https://doi.org/10.32353/khrife.2.2020.16","url":null,"abstract":"The article outlines the content and features of the system of law enforcement agencies interacting with forensic science institutes. The concept of law enforcement agencies and their system are studied. The characteristics of the general category of interaction of law enforcement agencies with forensic science institutes have been determined. Signs of interaction of forensic science institutes with law enforcement agencies have been established. It is also found that today problems of cooperation of law enforcement agencies with forensic scientists require detailed study and identification of gaps in legal and regulatory frameworks, determination of ways for their elimination. It should be emphasized that signs of cooperation of forensic science institutions with law enforcement agencies may include the following: joint activity of the indicated legal entities regulated by administrative regulations and other fields of law; agreed on goals, tasks, place, time, means and methods of activity; aimed at achieving common goals and results; the content of interaction is determined by set tasks and results, it is aimed at fulfilling them; parties bear responsibility for nonperformance or improper execution of interaction tasks. Cooperation of forensic science institutes with law enforcement authorities called to provide skilled, rapid and objective execution of criminal proceedings tasks as well as application of special knowledge in other areas of law-enforcement activity.","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132885803","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":"CURRENT PROBLEMS OF MULTIDISCIPLINARY FORENSIC EXAMINATIONS WHILE DETERMINATION OF THE COURSE OF ACTION OF FIRE DEPARTMENTS OF THE STATE EMERGENCY SERVICE OF UKRAINE","authors":"I. Shebalkov, Y. Panchuk, R. Huseinov, V. Suprun","doi":"10.32353/khrife.2.2020.34","DOIUrl":"https://doi.org/10.32353/khrife.2.2020.34","url":null,"abstract":"The research on the problem was carried out when solving the issues of multidisciplinary fire investigation and research on occupational and health safety, when establishing conformity of actions of authorities personnel and fire-fighting units during fire-rescue operations with the basic requirements of regulatory documents on labor protection and fire tactical methods of hostilities, use of special equipment, fire engines and fire extinguishing means. \u0000The main areas and defining characteristics of a multidisciplinary forensic fire investigation and research on occupational and health safety were identified, which include: -investigation of circumstances of occurrence and dynamics of the development of fire (analysis of the cause of fire), the principles of organization and conduct of hostilities at specific sites in specific conditions, skillful and competent use of special equipment techniques and fire extinguishing agents (investigation of actions tactics of fire departments and the equipment used by them), compliance with the requirements of the Safety Rules when carrying out fire fighting, both by citizens and employees of fire-rescue units. The meaning of the concepts: “fire dynamics”, “fire extinguishing”, “prompt actions of the State Emergency Service Units”, is disclosed. \u0000A sufficient and necessary minimum of input information was determined to solve an investigator’s tasks which in the future will contribute to improving the quality and comprehensiveness of forensic examination, regardless of the object under study. \u0000The analysis of information provided by the investigator, including at the request of a forensic expert in this category of cases, which will further contribute to a full and high-quality forensic examination regardless of fire occurrence locations, has been carried out.","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"101 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117332778","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":"COMPLEX ISSUES ARISING WHILE CONDUCTING RESEARCH ON WHEELCHAIR RAMPS FOR ACCESS TO BUILDINGS BY PERSONS WITH REDUCED MOBILITY AND DETERMINATION OF WHEELCHAIR RAMPS’ COMPLIANCE WITH BUILDING STANDARDS AND REGULATIONS","authors":"Yu. Petryshyna, S. Radchenko, N. Syla","doi":"10.32353/khrife.2.2020.33","DOIUrl":"https://doi.org/10.32353/khrife.2.2020.33","url":null,"abstract":"The article outlines issues which arise when conducting research on wheelchair (reconstructed) ramps of existing buildings, technical re-equipment of building porches and buildings or their construction projects for compliance with building standards and regulations. As a method of research we have chosen visual inspection of construction and planning solutions, namely measuring of geometric parameters of over 30 ramps in different districts in the city of Kharkiv has been conducted. \u0000Requirements of current building regulations are analyzed, their applicability to public and residential buildings for access by persons with reduced mobility is established. Main types of violations of building standards and regulations while construction of ramps, which create significant obstacles for people with limited mobility to access residential and public buildings, have been identified and systematized. Recommendations are provided regarding the possibility of making necessary changes in the design of ramps and adapted porches of residential and public buildings in order to prevent injury to persons with reduced mobility.","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129007026","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":"GENERAL THEORY OF CRIMINALISITCS: APPROACHES TO DEVELOPMENT AND UNDERSTANDING","authors":"V. Zhuravel","doi":"10.32353/khrife.1.2020_01","DOIUrl":"https://doi.org/10.32353/khrife.1.2020_01","url":null,"abstract":"The genesis and current state of scientific approaches to the formation and understanding of criminalistics general theory are outlined. It is noted that the general theory of criminalistics in its development has taken a hard and long way, where we can distinguish the following stages: 1) accumulation of the needed scientific potential in criminalistics; 2) emergence of scientific views as to the need to create a criminalistics general theory; 3) formation and development of scientific ideas on the general theory of criminalistics, its structure, functions, place in the system of criminalistics. \u0000It is emphasized that the general theory of criminalistics, as a system of basic ideas of this branch of knowledge, covering the most complete reflection of the matter of science, its concepts, categories, definitions, methods in certain connections, is constantly developing. The fundamental provisions, which make up the basis of the general theory are being updated and improved. The degree of the general theory formation reflects the current level of the development of criminalistics science itself. \u0000An integral part of the criminalistics general theory, its core are criminalistics doctrines (theories) that precede it or, conversely, are caused by it, and study only a certain range of objective reality patterns which are studied by criminalistics in general. The general theory of criminalistics could be considered as a system of different levels of generalization and direction of criminalistics’ doctrines, which collectively constitute the theoretical-methodological basis of that science. The system of criminalistics’ doctrines (theories) constitutes the content of the criminalistics general theory. \u0000Taking into account the results of the conducted analysis on scientific approaches, it is suggested to distinguish three levels of doctrines in the structure of general theory: 1) criminalistics’ teachings (theories) of scientific-study nature, covering scientific-study issues on an object, subject, methods, area of research, system, nature, conceptual apparatus and categories of criminalistics (the criminalistics language), its inter-scientific relations and place in the system of scientific knowledge, history of development and current state;2) criminalistics teachings (theories) of general scientific nature, which embrace studying the patterns which apply to the entire subject under study, included in it as a whole; 3) criminalistics teachings (theories) of the specific scientific nature, concerning the study of patterns relating to certain aspects of the criminalistics subject, revealing its essence and specificity. The differentiation of criminalistics teachings (theories) into different levels is conditioned primarily by the degree of community of the reflected by them elements of the cognition object, which is introduced by criminalistics itself, or the event of a crime, or crime investigation activities.","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"200 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123016675","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":"PECULIARITIES OF FORENSIC ECONOMIC EXAMINATIONS ON THE ISSUES OF MILITARY EQUIPMENT ACCOUNTING","authors":"N. Panchenko, I. Hordiyenko","doi":"10.32353/khrife.2.2020.40","DOIUrl":"https://doi.org/10.32353/khrife.2.2020.40","url":null,"abstract":"The list of military equipment needed for forensic experts work when solving the issues of munition accounting and preservation of legislative and regulatory acts which regulate accounting procedure, circulation and write-off of munition, is provided in the article. The list of military equipment which according to its characteristics belongs to military is specified. Ensuring safety of classified information has been highlighted in cases provided by legislation and separate accounting of survival kit military equipment which is intended for use while special cases and peace time in long-term storage in military units, from other military equipment. \u0000It is specified that military equipment accounting is conducted both in peacetime and while particular time at facilities of military (ship) administration, services of providing bodies of military management, services of military units and formations, in warehouses, bases, arsenals according to requirements of regulatory legal acts of the Ministry of Defence. \u0000Peculiarities of accounting inherent in this field are outlined. Results of the forensic expert practice from the Sumy branch of KhRIFE are outlined. Research objects are identified and a range of powers granted to forensic experts while conducting forensic economic examination related to resolving issues regarding documentary confirmation of the established facts of shortage, embezzlement, replacement, unjustified write-off and surplus of military equipment is defined.","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133740384","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":"THE CONCEPT OF SPECIAL KNOWLEDGE AND THE BOUNDARIES OF THEIR APPLICATION IN CIVIL AND ECONOMIC PROCEEDINGS","authors":"V. Fesiunin, E. Kurdes, L. Sviridova","doi":"10.32353/khrife.1.2020_14","DOIUrl":"https://doi.org/10.32353/khrife.1.2020_14","url":null,"abstract":"It is emphasized that the need to involve specialists who possess special knowledge appears when the participants of civil and economic proceedings lack their own capabilities and knowledge, available methods and technical means of the entity cognition of such an activity, skills in application of such means and methods are insufficient for the effective collection, analysis, evaluation and use of information, establishment of specific facts, identification of hidden links, properties, features of the studied objects, performance of other tasks. Taking into account the fact that the meaning of the term special knowledge can be most fully disclosed only in connection with the elements of the proof procedure in civil or economic proceedings, the interpretation of the concept special knowledge was analyzed by scientists. \u0000 It is emphasized that a number of scientific papers, including dissertations, is devoted to consideration, analysis, and definition of the essence of the term special knowledge through disclosing its content. Therefore, the article highlighted particular positions of scientists and authors’ opinions regarding their point of view, the position of scientists in which the criteria considered that are used while studying and defining the essence of the concept special knowledge is suggested. It is stressed that the legal limits of the use of special knowledge in civil and economic proceedings are determined by the procedural law and court, taking into consideration the rules of correspondence, admissibility, reliability and sufficiency of evidence to resolve a particular civil case or commercial dispute. It is noted that the requirements for the above criteria are ensured in the procedural legislation and their detailed characteristics are given. It is established that the grounds for the use of special knowledge are formalized and include substantive and procedural grounds, in addition, their application requires the court to correctly determine the subject of proof in the case and identify the need to use special knowledge and skills of knowledgeable persons. The authors note that in economic and civil proceedings attention is focused on different purposes of involving specialists and forensic experts and, accordingly, on differences in procedural rights and responsibilities, as well as on the procedural significance of the results of such specialists’ use of their special knowledge.","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134159824","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":"APPROACHES TO DETERMINING POST-MORTEM INTERVAL","authors":"V. Olkhovsky, E. Grygorian, M. Myroshnychenko","doi":"10.32353/khrife.2.2020.21","DOIUrl":"https://doi.org/10.32353/khrife.2.2020.21","url":null,"abstract":"The main approaches and problems that arise when evaluating postmortem interval are defined, ways to avoid such problems are suggested. According to the results of scientific papers analysis on that topic, it was established that in the context of post-mortem changes studies such changes developed differently during a specific period of time passed from the time of death, they also appeared in a variety of forms as a result of environmental factors influence. The factors having a significant impact on postmortem changes were specified. A review of modern methods for determining post-mortem interval was conducted and methods for further improvement of the assessment of postmortem interval were proposed. The use of methods for assessing the PMI by means of the cadaveric phenomena does not always provide for investigating authorities necessary information due to the relatively large time interval in methods based on such changes. Researchers also note the presence of certain shortcomings in the use of existing methods. Current research using laser polarimetry methods have made it possible to establish post-mortem interval with relatively high accuracy. However, high prices and limited availability of equipment used in laser polarimetry methods preclude from using them in everyday practice of forensic medical examiners. When conducting studies on histological and biochemical changes in tissues of internal organs, certain morphological (decrease in optical density) and biochemical (changes in the levels of biochemical markers) changes in the early post-mortal period were identified, which will enable the development of specific tables where such changes would be linked to a specific post-mortem time period during certain short periods of time. Although changes in the conducted research were recognized only in the early post-mortem period and only in muscle tissue, further research on other tissues that are more resistant to post-mortem changes are likely to provide results that would be less affected by ambient temperature, exposure of a corpse to the sun rays, amount of clothing on a corpse, etc.) and also would be more accurate than most existing methods.","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"271 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120942530","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":"FORENSIC EXAMINATION OF THE ESTABLISHMENT OF CAUSES OF FAULTS IN THE “ACTIVE CURVE SYSTEM” STABILIZATION SYSTEM OF MERCEDES-BENZ GLS500 4MATIC","authors":"V. Fedorchenko, Ye. Kalashnikov","doi":"10.32353/khrife.2.2020.31","DOIUrl":"https://doi.org/10.32353/khrife.2.2020.31","url":null,"abstract":"Establishing of causes and circumstances that could affect failure of both parts individually and mechanisms generally of the “Active curve system” active stabilization system in Mercedes-benz GLS500 4MATIC cars is considered. The relevance of this scientific paper is due to novelty of installing an active stabilizer on vehicles which ensures minimal car body roll. Design, a principle of work and forensic expert research while inspection and study of the “Active curve system” active stabilization system of Mercedes-benz GLS500 4MATIC using modern equipment and research methods are presented. Measures to prevent failure of structural parts and systems are considered, which will ensure reliable and safe work of the “Active curve system” active stabilization system in the process of operation. \u0000The system allows you to keep a car within the path set by a driver in various driving modes (acceleration, braking, moving along a straight line, while road curves and free rolling). Determination of occurrence of a traffic collision is carried out by comparing actions of a driver and parameters of a car. In case when a driver’s actions (desired driving parameters) differ from the actual vehicle motion parameters, the “Active curve system” active stabilization system recognizes the situation as uncontrolled and starts working. In case of understeer, the “Active curve system” active stabilization system prevents a car from slipping out of turning trajectory by slowing down a rear inner wheel and changing an engine torque. In case of oversteer, skidding of a car during turns is prevented by slowing down a front outer wheel and changing an engine torque. Operation in this case is of a cyclical nature: pressure increase, pressure containment and pressure relief in the “Active curve system” active stabilization system. The system that combines the system of electronic stability control, steering and car suspension is called vehicle dynamics management integrated system.","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122222246","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":"PRINCIPLES OF ADMINISTRATIVE AND LEGAL REGULATION OF FORENSIC ACTIVITY IN CASES OF ADMINISTRATIVE OFFENSES RELATED TO TRAFFIC COLLISIONS","authors":"A. Kazarov","doi":"10.32353/khrife.2.2020.20","DOIUrl":"https://doi.org/10.32353/khrife.2.2020.20","url":null,"abstract":"The issues related to the principles of administrative and legal regulation of forensic activity in cases of administrative offenses related to traffic collisions are considered. Attention is focused on division of the principles of forensic activity into general and special ones. The general and special principles of administrative and legal regulation of forensic activity in cases of administrative offenses related to traffic collisions are defined. Currently, the number of traffic collisions in Ukraine is growing at a high pace resulting in increase in the number of trials on administrative offenses related to traffic collisions and, as a result, the number of road-accident analyses in cases of administrative offenses is increasing. Many scientists considered issues related to the principles of administrative and legal principles of administrative and legal regulation of forensic activity in cases of administrative offenses related to traffic collisions. In connection with the above, the issue of principles of administrative and legal regulation of forensic activity in cases of administrative offenses related to traffic accidents has become more topical. Research results have shown that special principles are closely linked to general principles. It was also established that general principles of administrative law which are applied in the field of administrative and legal regulation of forensic activity in cases of administrative offenses related to traffic collisions, are the principles of the rule of law, legality, independence; objectivity; research integrity, responsibility, independence. Accordingly, special principles are also independence, objectivity and integrity of research, the principle of integrated study of materials on cases of administrative offenses, the principle of narrow specialization. While conducting research, it also have been established that special principles are closely linked to general principles.","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122564549","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 SHOEPRINTS SEIZURE FROM THE CRIME SCENE (Review Article)","authors":"O. Necheporenko","doi":"10.32353/khrife.2.2020.06","DOIUrl":"https://doi.org/10.32353/khrife.2.2020.06","url":null,"abstract":"The author of the article analyzes existing methods of seizing three-dimensional and latent (two-dimensional) shoeprints, described in the forensic scientific literature, which are used in Ukraine and abroad. Attention is drawn to the fact that methods of seizing traces that have been used for a long time are a subject to minor changes, despite the development of scientific and technological progress. The author names a reason for such a phenomenon: the lack of exchange in experience with countries that use modern tools and techniques for forensic analysis, one of which is a crime scene fingerprint film lift pad. The crime scene fingerprint lift pad is most often used when seizing latent (two-dimensional) shoe prints during inspection of a crime scene. However, attention is drawn to the problem of further suitability of seized traces for carrying out forensic examination as well as to peculiarities of storing seized materials. \u0000According to the author, trace damage is associated with two groups of factors: removal of a trace with violation of a technique and removal of a trace by means of poor-quality material. The author describes several types of crime scene fingerprint lift pad which is used to seize evidence of trace evidence nature. \u0000The author notes that along with the development of technology, trace evidence methods should be advanced as well. There is an urgent need to analyze the market of imported fingerprints, its efficiency, specificity of forensic situations, weather conditions, etc. There is also a need to share experiences in the use of such materials by forensic expert subdivisions. The question as to improving domestic production of fingerprint products, increasing the cost for purchasing high-quality materials also arises. Such an approach will fix the situation with quality of a crime scene processing and collection of evidence which will have a positive impact on detection of crimes and identification of perpetrators. The author emphasizes the relevance of this study and need for new theoretical and practical developments.","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121546289","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}