Theory and Practice of Forensic Science and Criminalistics最新文献

{"title":"Features of intellectual property analysis in Ukraine and abroad","authors":"S. Naumenko, L. Zolota","doi":"10.32353/khrife.1.2021.25","DOIUrl":"https://doi.org/10.32353/khrife.1.2021.25","url":null,"abstract":"Issues on the implementation of intellectual property analysis in Ukraine, as well as a forensic expert participation in court hearing abroad were considered. \u0000Intellectual property objects belong to a variety of types of art, science, technology and crafts, effective consideration of cases related to protection of intellectual property rights, for a complete and comprehensive study of the subject of examination and providing an expert's concusion becomes possible only in case of attracting specialists, who have special knowledge in a particular field. \u0000The article purpose is to define features of intellectual property analysis in Ukraine and formal requirements for a forensic expert in Ukraine and foreign states. \u0000One of the priority directions of state policy is the protection of intellectual property rights, as the development of this area stimulates innovation in all fields by increasing the country's economy to a new level, and providing it a rightful place at the international level. Also, an increase of scientific potential not only promotes Ukraine's modernization in various fields of science and technology but also increases its defense capability and national security. \u0000Today there is a negative state of compliance with the legislation regulating intellectual property issues, the number of violations of relevant rights is increasing. The reason for such a state is the imperfection of the mechanism of legal protection and protection of intellectual property rights in the field of scientific activity, failure to resolve the issue regarding legal protection of scientific advances, etc. In January 2020, the European Commission made a publication of a report on protection and ensuring intellectual property rights in third countries, according to which (despite all preventive measures) our country was already on the list of countries, where there are serious systematic problems in the field of defense and protection of intellectual rights, causing significant damage to the economic interests of the EU. \u0000Forensic science plays a priority role in introducing advanced achievements of science and technology and promotes the reliability of the proof system in the case. In some cases, the appointment and conduct of a forensic examination are not only necessary but also the only possible means of establishing the truth and solving a litigation.","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124374544","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":"Certain issues on methodical support of forensic examinations of images on the dorsum of the hands","authors":"Yu. Nizovtsev","doi":"10.32353/khrife.1.2021.12","DOIUrl":"https://doi.org/10.32353/khrife.1.2021.12","url":null,"abstract":"With the proliferation of video surveillance systems and an increase in their quality, it is becoming increasingly important to identify suspects using these video recordings. Given the importance of wearing masks, due to quarantine requirements, identification by facial images is not always possible. The next element of an appearance, which is usually not covered by clothing, is the hands, namely their dorsum. At the same time, there are certain gaps in the methodological support of forensic examination of hand images. The article deals with certain problematic issues of scientific and methodological support as to forensic examination of images on the dorsum of the hands. Modern scientific developments in this area are indicated, namely guidelines: \"Personal identification by photographic images of hands\", subsection 2.1.3: \"Examination of traces of the dorsum of the hand\" taken from the textbook: \"Forensic examinations in the procedural law of Ukraine\" and a methodological manual which is now being developed at the Ukrainian Research Institute of Special Equipment and Forensic Science of the Security Service of Ukraine. The Expert specializations were analyzed for their compliance with the type of research under consideration. Based on the results of the analysis, it is concluded that the research of images on the dorsum of the hands now corresponds to several expert specializations at the same time. An opinion is also expressed about the imperfection of the modern system of expert specializations in Ukraine.","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115896680","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":"Theoretical and methodological foundations of forensic economics","authors":"A. Horlachuk","doi":"10.32353/khrife.1.2021.23","DOIUrl":"https://doi.org/10.32353/khrife.1.2021.23","url":null,"abstract":"In modern conditions, the need to increase efficiency of forensic expert activity in economic field depends on development of theoretical and methodological base of forensic economics, interpretation of this economic and legal category in legislative field and determination of the system-forming factor of totality of forensic examinations. \u0000While systematizing scientific content, the main key issues related to theoretical development foundations of this type of forensic science are considered. The key informative informational blocks of forensic economics are highlighted: the first block is procedural nature of forensic examination assignment and conducting; second block is the use of specific expertise in the field of economics; third block is the topic of forensic economic examination; fourth block is the purpose of the results of economic research. An attempt has been made to improve interpretation of forensic economics as an economic andlegal category, as well as to substantiate its classification on the basis of dividing social production into material and non-material fields that are studied by the corresponding economic sciences. \u0000Thanks to the use of dialectical method, it is substantiated that solution to this methodological issue lies in the field of material production. Consideration of the relations between the economy and other fields of social activity demonstrated that economy is primary that allowed, as a result of the division of social production into the field of material production (material goods and material services; object of economic relations has a materialized form) and intangible production (intangible goods and intangible services; object economic relations has a non-material form) to determine the system-forming factor of various types of forensic economic examinations.","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116839021","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":"Issues and main optimization directions of unsolved crime investigation over past years","authors":"O. Aleksandrenko","doi":"10.32353/khrife.1.2021.05","DOIUrl":"https://doi.org/10.32353/khrife.1.2021.05","url":null,"abstract":"This article discusses one of the topical issues of forensic science, namely: investigation of unsolved crimes over past years and the state of this activity. \u0000 The factors of such a situation and the social danger of the availability of array of unsolved crimes over past years are considered. \u0000 Based on the analysis of investigative practice, opinions of scientists and practitioners, the main issues of this activity are identified  and the main directions for its optimization are proposed in order to reduce the number of unsolved crimes over past years. \u0000 Positive influence of time factor on disclosure and investigation of criminal cases of this category is considered. Modern possibilities in the investigation of crimes over past years and directions of their use are demonstrated. \u0000 It is concluded that issue of disclosing and investigating unsolved crimes over past years is complex, therefore, its solution requires the same complex efforts.","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115190891","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 comparative analysis of soils by the method of sporo-pollen analysis using projection to latent structures discriminant analysis","authors":"A. Khokh, V. Shalaboda","doi":"10.32353/khrife.1.2021.16","DOIUrl":"https://doi.org/10.32353/khrife.1.2021.16","url":null,"abstract":"Extensive use of sporo-pollen analysis is largely conditioned by such specific features of pollen and spores as their very-large-scale production in plants, the ability to preserve in soils, presence of characteristic morphological features enabling to distinguish and identify individual taxa, etc. \u0000In Belarus, the method of sporo-pollen analysis has also been implemented while forensic soil examination: it is increasingly applied to solve identification tasks in comparative analysis to establish the belonging of soil layers on physical evidence to the searched area. Its main advantage is that it is a multicomponent analysis allowing to evaluate both the composition of palynoflora and the percentage of several dozen components of sporo-pollen spectra contained in soil samples. Therefore, to determine the belonging of soil layers on physical evidence to the searched area, most informative are data obtained while sporo-pollen analysis, helping forensic experts on the basis of a specific taxonomic composition  of pollen and spores and percentage of spectra components to draw the most valid conclusions. \u0000Detection of pollen and spores in studied samples in a quantity sufficient for comparative analysis enables to statistically process data of samples microscopic examination. Statistical processing of results is one of the characteristic features of sporo-pollen analysis as a method that distinguishes it from other methods implemented in multidisciplinary forensic examination of soil.","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127795104","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 possibilities of diagnostic research in the field of forensic video and audio analysis","authors":"O. Brendel","doi":"10.32353/khrife.1.2021.15","DOIUrl":"https://doi.org/10.32353/khrife.1.2021.15","url":null,"abstract":" Issues that are increasingly arising in criminal proceedings are highlighted, namely: use of data obtained as a result of diagnostic researches on video, sound recordings that  allows to ensure a higher level of completeness, objectivity and comprehensiveness of research. The purpose of the article is to analyze the possibilities of forensic diagnostic researches on video and sound recordings of both oral speech and the sound environment of an offense event. \u0000Various modern possibilities of researches on video and sound recordings are considered. Attention is paid both to the specifics of diagnostic speech researches in order to obtain information about personality of the unknown speaker and to information that can be obtained through research and diagnosis of non-speech information. Analyzed the possibilities (within the framework of the examination of video, sound recording) diagnostic researches on directly speech information, including the definition of:  oral speech form, nature of  relations between the interlocutors, conversation meaning (definition of the meaningful situation: consent vs disagreement; permission vs prohibition; understanding vs misunderstanding; request; advice; promise; assurance; gratitude; threat; clarification; order; question; message, etc.), rate of speech and the emotional state of the interlocutors, as well as expert diagnostics of biological parameters of the speakers. Possibilities of diagnostic studies of technical studies of recording media and recording equipment, that can contain information about the technology of obtaining/fixing/saving video, sound recordings, properties and features of the media itself are considered. Non-speech sounds are classified according to their belonging to certain sources. The article highlights effectiveness of using the forensic information obtained through forensic examination in practice of investigating crimes.","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130106959","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":"Place of forensic commodity expertise in the prevention of offenses in the retail electricity market","authors":"І. Petrova, V. Fesiunin, O. Dontsova","doi":"10.32353/khrife.1.2021.24","DOIUrl":"https://doi.org/10.32353/khrife.1.2021.24","url":null,"abstract":" The article emphasizes that the threatening dynamics of the annual increase in the facts of damage and theft of energy equipment, theft of electrical energy, spontaneous connection to electrical grids can lead to imbalance anddestruction of the electrical industry not only in a separate region, but also in the country as a whole. Attention is drawn to the fact that regulatory legal acts are aimed at curbing this dangerous dynamic, that carry out state regulation in the energy sector which, unfortunately, do not ensure stable security in this area.  \u0000It is stated that specialists from different suppliers of electric energy prepare all the necessary materials to open criminal proceedings under Article 1881 of the Criminal Code of Ukraine, submit petitions to the investigating authorities about the need to carry out certain investigative actions, however, violators are not prosecuted. It was found that the main obstacle in bringing the perpetrators of these violations to criminal responsibility is the lack of methodological materials and skills in the police units in the investigation of criminal proceedings on the facts of theft of electrical energy and the practice of their consideration by courts. \u0000It has been proved that the lack of methodological materials with a complete list of initial data that are necessary to determine the market price of products of the energy complex leads to discrepancies in conclusions of experts. New methods for determining the market price of energy products during forensic commodity examinations will help to resolve the issue of assessing the products of the energy complex in expert practice. It is proposed to determine the subject, tasks, object of research of this forensic examination; outline possible approaches and methods for assessing their value; establish the assortment of goods that has formed in this market in the world and in Ukraine; clearly identify the boundaries of competence of commodity experts. It is emphasized that the determination of the market price for electricity and the cost of services for its provision goes beyond the competence of commodity experts, since the mechanism for setting prices (tariffs) for this type of product is controlled by the state and approved by the Regulator – National Energy and Utilities Regulatory Commission. ","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123041001","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 of forensic commodity examination of upholstered and cabinet furniture","authors":"V. Seredynskyi, I. Novytska","doi":"10.32353/khrife.1.2021.26","DOIUrl":"https://doi.org/10.32353/khrife.1.2021.26","url":null,"abstract":"The main task solved by forensic experts while studying furniture is to define its quality conditioned by a complex of consumer properties formed in the process of manufacturing and maintenance of such furniture. \u0000The purpose of this article is to study main signs allowing to identify falsification or counterfeiting of furniture, and requirements for labeling. \u0000The upholstered furniture of the provided manufacturer is characterized by the following features: a frame is made of natural wood, dried automaticallyin compliance with all norms and standards; particular attention is drawn to the quality of components; high-quality foam rubber is used to fill the mattress blocks which are tested for elasticity, wear resistance, certification, etc. Cabinet furniture of the provided manufacturer has the following characteristics: high quality workpieces, smooth, without knots along the entire length of a saw cut; wood edges are straightened at all areas of parts; when drilling attachment holes, the vertical and horizontal drilling accuracy is strictly controlled; furniture fittings correspond to a general artistic decision of furniture, have a long service life. \u0000When conducting a forensic commodity examination of furniture, it is proposed to carry out its research in the following sequence: identify product characteristics, dimensional characteristics, shortcomings, causes of defects and their nature by the method of organoleptic examination and linear measurements; the method of comparative research establishes compliance or non-compliance of a studied product with regulatory requirements set for products of this commodity group, presence of defects in semi-finished products, quality of wood drying process, execution of the wood sawing process and manufacture of parts, quality of the process of manufacturing a frame, upholstery and finishing. \u0000When evaluating the quality of furniture, it is needed to take into account their compliance with requirements, governed regulations for design, standards and other documents.","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129361271","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":"Specifics of fire damage to cotton clothing while shooting point-blank at a human torso simulator from a Fort-12RM pistol","authors":"V. Gunas, P. Bobkov, I. Plakhotniuk, S. Olhovenko, O. Solonyi","doi":"10.32353/khrife.1.2021.13","DOIUrl":"https://doi.org/10.32353/khrife.1.2021.13","url":null,"abstract":"This Article Purpose is to determine specifics of damage to cotton jer-sey, arising from a point-blank shot from a nickel-plated “Fort-12RM” pistol, equipped with .45 Rubber cartridges into  dressed simulator of a human torso made of ballistic gel. For achieving this goal, 12 human torso simulators were made, dressed in cotton T-shirts, with the subsequent firing of shots using a nick-el-plated “Fort-12RM” pistol equipped with .45 Rubber cartridges. The shots were fired from a distance, closely followed by examination of damage to cloth-ing using photographic and microscopic research methods. Obtained data and their comparison with the previously obtained research results when the shots were fired at the clothing samples, fixed in the frame made it possible to identify important differences and for the first time describe the phenomenon of internal muzzle imprint mark and volumetric muzzle imprint mark; while describing the internal muzzle imprint mark, specific deposition of additional factors of the shot (namely, soot), reminiscent of a candle flame was found. In addition, a double marker phenomenon was observed around the input gunshot injury on the inves-tigated human torso simulator. Most of  additional factors of the shot (in form of soot and dust particles of unburned gunpowder) were determined in wound channel. While carrying out the contact-diffusion method of research, small particles of nickel were determined around input fire damage to the simulator. \u0000The revealed differences require revision of the classical method of experimental shooting, while test samples of clothing are fixed in a frame or fixed in a similar way. An important stage in research formulation is to recreate the conditions as close as possible to real ones. The search for the most appropriate, efficient and simple method for carrying out such experiments is promising for ballistics","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126340336","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":"Regarding the improvement of the scientific and methodological framework of forensic economic analysis of budget funds (Review article)","authors":"К. Kapustnyk, O. Khomutenko","doi":"10.32353/khrife.1.2021.22","DOIUrl":"https://doi.org/10.32353/khrife.1.2021.22","url":null,"abstract":"The relevance of issues associated with spending budget funds in forensic expert practice has been substantiated. According to the authors, certain peculiarities of conducting researches on budget transactions lead de facto to the formation of a particular subtype of forensic economic analysis. It is mentioned that consideration of issues related to misuse of budget funds by forensic experts is only allowed in the presence of tax inspection report of the Units of Ukraine State Audit Service. It is proved that budget funds which their holder transfers to accounts of work executors, lose the status of budget. The emphasis is on the need to update the algorithm for conducting forensic economic analyses in the use of budget funds.","PeriodicalId":340932,"journal":{"name":"Theory and Practice of Forensic Science and Criminalistics","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126639704","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}