Teoriia i praktika sudebnoi ekspertizy最新文献

{"title":"Anonymity in Law, Criminalistics and Forensic Examination","authors":"A. Ya. Asnis, Sh. N. Khaziev","doi":"10.30764/1819-2785-2023-3-16-27","DOIUrl":"https://doi.org/10.30764/1819-2785-2023-3-16-27","url":null,"abstract":"The problem of establishing the identity of the anonymous author has always been a pressing task of criminalistics, forensic examination, literary and art studies. Since the end of the 19th century forensic scientists have been developing technical and tactical methods and means to recognize a person who is the author or at the same time author and performer of handwritten and typed texts, drawings, and audio messages. At present tactical, technical, and forensic support for the identification of the unknown author of computer materials, telecommunication messages and mailings are actively developing. Also, methods for applying artificial intelligence technologies during the investigative activities of this particular kind are being developed. The present article is devoted to an overview of the history, current state and prospects for the development of methods for obtaining information about a person from anonymous text and speech materials.","PeriodicalId":52977,"journal":{"name":"Teoriia i praktika sudebnoi ekspertizy","volume":" 12","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135192230","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 Role and Significance of Manager's Activity in the Production of Forensic Examinations and Expert Research","authors":"V. A. Epshtein","doi":"10.30764/1819-2785-2023-3-52-59","DOIUrl":"https://doi.org/10.30764/1819-2785-2023-3-52-59","url":null,"abstract":"The article discusses the possibility of introducing the position of manager to the staff of forensic institutions. The author substantiates the necessity of introduction of the management system for forensic expert activity into the universal practice of forensic institutions, i.e. a management system aimed at improving the quality and effectiveness of the activities of each individual institution and the system as a whole.The article outlines the goals and objectives of the implementation of the management system, suggests the areas of specialization of managers, and also calculates the economic effect of the introduction of the position of manager.It is shown that the introduction of the position of manager in the staff of forensic expert institutions will reduce the time for the production of forensic examinations (by eliminating the non-core expert work); improve the quality of examinations (by introducing additional performance control for forensic expert activities); optimize scientific and methodological work, including contributing to the development of new and improvement of existing expert techniques.","PeriodicalId":52977,"journal":{"name":"Teoriia i praktika sudebnoi ekspertizy","volume":" 8","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135192233","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":"Artificial Intelligence in Forensic Expertology","authors":"E. V. Chesnokova, A. I. Usov, G. G. Omel’yanyuk, M. V. Nikulina","doi":"10.30764/1819-2785-2023-3-60-77","DOIUrl":"https://doi.org/10.30764/1819-2785-2023-3-60-77","url":null,"abstract":"The article reviews the issues of studying the capabilities and areas of application of artificial intelligence technologies (AI) in forensic expertology as a science of forensic examination and forensic expert activity. The authors have developed the criteria for choosing the direction for the introduction of AI in the system of forensic expertology, and specifically in its innovative section – the management system of forensic expert activity.The prospects for the development of AI technologies in forensic examination are associated with the processing of big data based on the expert situation, the reliability of the data used in AI training and further validation (assessment of suitability) of the applied training methodology, analysis of the results of AI technology. To solve organizational and legal issues of integrating AI technologies into legal proceedings and, specifically, into forensic examination, a system of standards regulating the order, algorithms and procedures for its implementation and use of is proposed. At the same time, the assessment of the suitability of the results of the use of AI in forensic examination should become an ongoing process included in the activities of each forensic expert organization. The necessary consistency of this process determines the updated paradigm of forensic examination in the conditions of functioning AI technologies in it and the cyclical nature of the entire process of their implementation and use. Process cycle is a set of sequential actions at different levels: initiation of AI technology, evaluation (suitability) of its results at the first level, adjustment and implementation of the updated version of AI technology, assessment of the next level, etc. In GOST accredited ISO/IEC 17025-2019 forensic laboratories such system activity, although not related to AI, has already been implemented, it corresponds to the PDCA cycle (P – plan, D – do, C – check study, A – act). Therefore, for such laboratories, the modification of the organization and management of the activities in the implementation of AI technologies is the most organic and acceptable. In addition, all work on AI in the field of forensic expertise should take into account the provisions of the AI Code of Ethics, which applies to relations associated with the ethical aspects of creation (design, construction, piloting) the introduction and use of AI technologies at all stages of forensic activities.","PeriodicalId":52977,"journal":{"name":"Teoriia i praktika sudebnoi ekspertizy","volume":" 46","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135192082","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":"On the Issue of Attributing Usable Remnants of a Wheeled Vehicles to Unjustly Acquired or Saved Property (Unjust Enrichment)","authors":"I. N. Novoseletskii, S. V. Fedotov","doi":"10.30764/1819-2785-2023-3-104-109","DOIUrl":"https://doi.org/10.30764/1819-2785-2023-3-104-109","url":null,"abstract":"The article discusses the topic of fullness of compensation for the real damage in the case of the “total loss” of wheeled vehicles. At present, when considering tort disputes, the courts often reduce the amount of damage by the value of the “usable remnants” if the vehicle was significantly damaged. The authors believe that such a reduction often leads to a situation where a certain amount of damage is insufficient to restore the violated rights of car owners, since the amount of compensation in such cases is not enough to do up the vehicle or purchase a vehicle similar to the “destroyed” one. The article presents a technical perspective on the problem.","PeriodicalId":52977,"journal":{"name":"Teoriia i praktika sudebnoi ekspertizy","volume":" 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135192079","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":"Topical Issues of Forensic Research of Firearms with Oval-Screw Drilling of the Bore “Lancaster” and Its Traces on the Bullets","authors":"I. V. Latyshov","doi":"10.30764/1819-2785-2023-3-95-103","DOIUrl":"https://doi.org/10.30764/1819-2785-2023-3-95-103","url":null,"abstract":"The article discusses the issues of developing the legal, scientific, and methodological foundations of the forensic investigation of firearms with oval-screw drilling of the Lancaster barrel bore. The author makes some proposals on how to bring the norms of the regulatory and technical regulations in the field of arms and ammunition trafficking in line with the modern concepts of rifled firearms. The mechanism of formation of traces of the barrel bore on the fired bullets is revealed. The author notes that the drilling of the Lancaster barrel bore determines the appearance of traces from its oval-screw profile in the form of two areas of abrasion along the small axis of the oval (traces of rifling lands) and two areas of less intense abrasion along the large axis of the oval (traces of rifling) on the bullets. The traces of the rifling lands and the traces of the rifling are fused with each other, and have a small angle of inclination (about 3° ).The dependence of the display of traces of the barrel bore with the Lancaster drill on the fired bullets on the design of the bullets of the cal cartridges has been established. .366 TCM, 9.6x53 Lancaster. When using cartridges with FMJ shell bullets and SP “KION” semi-shell bullets, the traces of the barrel bore are displayed sufficiently well, which, in general, makes it possible to identify the weapon. Firing cartridges with an all-metal bullet made of zinc alloy “ECO” dramatically reduces the display of traces of the barrel bore on the fired bullets and complicates the firearms identification. The author proposes to ban shooting cartridges with lead bullets with a polymer antifriction shell “DERI” in firearms with a Lancaster channel drill, since when firing, the traces of the barrel bore on the fired bullet are not displayed. This contradicts the legislator’s requirement for civilian models of firearms on mandatory formation of traces suitable for identifying weapons on fired bullets.","PeriodicalId":52977,"journal":{"name":"Teoriia i praktika sudebnoi ekspertizy","volume":" 11","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135192231","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 Ethics Examination as a New Direction of Forensic Expert Activity of the Russian Ministry of Justice","authors":"A. I. Usov, G. G. Omel’yanyuk, Sh. N. Khaziev, O. V. Galaeva, V. V. Gulevskaya","doi":"10.30764/1819-2785-2023-3-6-15","DOIUrl":"https://doi.org/10.30764/1819-2785-2023-3-6-15","url":null,"abstract":"The article discusses the basics of application of the specialized knowledge in the field of ethics when conducting forensic analysis of informational materials containing signs of infringement on the Russian spiritual and moral values, moral norms. The authors propose to develop the basics of forensic examination of ethics. They also substantiate the feasibility of organizing the production of forensic ethics examination in forensic institutions of the Ministry of Justice of Russia. The grounds for the appointment of such an examination are determined, its subject and objects are specified, typical tasks are formulated, and an approximate list of questions is presented.","PeriodicalId":52977,"journal":{"name":"Teoriia i praktika sudebnoi ekspertizy","volume":" 20","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135240725","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":"Use of Specialized Psychological and Linguistic Knowledge in the Study of Information Materials on Cases of Offenses that Infringe on Public Morality","authors":"D. V. Berdnikov, E. V. Vaske, V. O. Kuznetsov, T. N. Sekerazh","doi":"10.30764/1819-2785-2023-3-78-94","DOIUrl":"https://doi.org/10.30764/1819-2785-2023-3-78-94","url":null,"abstract":"A few of the norms of the Russian legislation are aimed at the protection of public morality, including the suppression of public actions that can harm children’s health and development. In this context, within the framework of administrative and tort proceedings for the subsequent legal assessment of information materials, there is a need to involve experts and specialists with specialized knowledge to establish their content and orientation. The article discusses the methodological provisions of the complex psychological and linguistic examination of informational materials on cases of offenses infringing on public morality (provided for in Articles 6.21, 6.21.1 and 6.21.2 of the Administrative Code of the Russian Federation), the tasks to be solved, basic expert concepts and criteria for expert assessments.","PeriodicalId":52977,"journal":{"name":"Teoriia i praktika sudebnoi ekspertizy","volume":" 7","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135192076","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":"Genesis of Legal Regulation of Human Organ and Tissue Transplantation in the Russian Federation","authors":"P. N. Kobets, K. A. Krasnova","doi":"10.30764/1819-2785-2023-3-42-51","DOIUrl":"https://doi.org/10.30764/1819-2785-2023-3-42-51","url":null,"abstract":"The authors explore the genesis of human organ and tissue transplantation in our country and the legal relations arising in this connection. For a long time, this area of medical activity was not regulated at the legislative level. Prior to 1917, the issues of transplantation were predominantly theoretical. In the Soviet period of the history of the Russian state, the development of public medicine and numerous military conflicts confirmed the applied nature of experiments on human organ and tissue transplantation. During this period, rapid development of legislation also affected healthcare. The legal presumption of consent to the removal of organs and (or) tissues was formulated, which established the legal framework for donation of human organs and tissues. At the same time, until 1992, the issues of transplantation were regulated mainly by departmental acts of the USSR Ministry of Health. The Law of the Russian Federation “On Transplantation of Human Organs and (or) Tissues” adopted in 1992 determined that the legal regulation of transplantation issues, including the list of transplantation objects, is determined by the federal executive body in the field of healthcare together with the Russian Academy of Sciences. The current level of development of experimental medicine, including transplantology, makes it necessary to regularly supplement the legislation in this area. For example, only on May 1, 2022, transplantation objects were supplemented with hematopoietic stem cells, and gaps in the legal regulation of pediatric transplantation were eliminated. The authors conclude that our country has significant experience in the field of transplantation and a quite perfect legislative framework. However, work on adjusting the current legislation, adopting new laws and by-laws in this area should not stop.","PeriodicalId":52977,"journal":{"name":"Teoriia i praktika sudebnoi ekspertizy","volume":" 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135192078","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":"Domain Forensic Sciences: A Modern Perspective on the Problem","authors":"V. O. Kuznetsov","doi":"10.30764/1819-2785-2023-3-28-41","DOIUrl":"https://doi.org/10.30764/1819-2785-2023-3-28-41","url":null,"abstract":"The article discusses the provision on the domain forensic sciences of the concept of forensic expertology developed in the 1970s by A.I. Vinberg and N.T. Malakhovskaya. The author reveals the essence of domain forensic sciences as the sciences, serving as the substantiating knowledge for specific genera (types) of forensic examinations. The article summarizes the controversial aspects on the domain forensic sciences, and also demonstrates the development of this provision in the modern forensic expertology and expert practice of a number of forensic examinations. The author has also attempted to outline the prospects for the development of the provision on the domain forensic sciences in terms of formation of forensic expert sciences basing on the modern ideas about the directions of integration of scientific knowledge, as well as in the aspects of deducing the laws studied by forensic sciences and determining the functions performed by them. Finally, it is concluded that the concept of forensic (forensic expert) sciences is promising for the development of the general theory of modern forensic expertology, as well as its relevance in connection with the active introduction of new types of forensic examinations in recent years.","PeriodicalId":52977,"journal":{"name":"Teoriia i praktika sudebnoi ekspertizy","volume":" 45","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135192083","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}