当前司法创新研究的问题:概念、属性和显著特征

V. Shevchyuk
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摘要

本文论述了司法创新概念研究的相关问题、司法创新的显著特征、属性、发展的理论问题及其在执法活动中的实施。对司法创新认识的科学途径进行了分析,给出了司法创新的定义,挑出了司法创新的重要特征和属性,分析了司法创新与司法创新产品概念的关系。司法创新的主要特征是:创新(新颖性)、客观主义、主观主义、目的性、需求性、实用性、效率性。事实证明,创新应该被理解为开发、实施和应用最新的技术、战术、方法法医手段,这些手段是研究或开发活动的结果,体现为新产品(生产)、技术、服务、解决方案,由特殊合格实体在实践中使用,旨在有效解决法医任务,确保优化、提高执法实践的质量和有效性。指出在现代现实中,完善司法创新概念装置的一个重要过程是术语的澄清和统一。研究理论的主要范畴是“创新司法产品”和“司法创新”概念。通过对这些概念本质的分析,可以认为创新司法产品与司法创新是不同类型的司法创新手段。在执法中发展和实施法医创新的方法论基础是基于活动的、系统结构的和技术的方法,这些方法的使用有望形成一个独立的法医理论——法医创新。实证表明,司法创新基本概念发展与形成的复杂路径为进一步研究这一问题提供了方法论基础。指出,在当前现实中,犯罪学及其各学科都面临着重要的问题,研究和借鉴现代科学技术的创新成果,可以在打击犯罪的同时有效地利用这些成果,并在实践中成功地满足法医创新的迫切需要。为解决所研究的讨论问题提供了新的科学方法和建议,并确定了该知识领域研究的远景方向。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
CURRENT PROBLEMS OF FORENSIC INNOVATIONS RESEARCH: CONCEPT, ATTRIBUTES AND SIGNIFICANT FEATURES
The article is devoted to relevant problems of the reaserch on forensic innovations concept, its significant features, attributes, theoretical problems of development and their implementation into law enforcement activity. The analysis of scientific approaches to forensic innovations understanding is carried out, its definition is offered, significant features and attributes are singled out, its relation to the concept of innovative forensic product is analyzed. The main features of forensic innovations are considered: innovativeness (novelty), objectivism, subjectivism, purposefulness, demand, practical applicability, efficiency. It is substantiated that innovation should be understood as developed, implemented and applied in practice the latest technical-, tactical-, methodicalforensic means that are the result of research or development activities, embodied in the form of a new product (production), technology, service, solutions, used by special qualified entities in practice and aimed at effectively solving forensic tasks and ensuring optimization, improving the quality and effectiveness of law enforcement practice. It’s noted that in modern realities an important course for improving the conceptual apparatus of forensic innovation is the clarification and unification of terms. The main categories of the studied theory are the concepts of “innovative forensic product” and “forensic innovation”. The analysis of the essence of these concepts gives grounds to assert that the innovative forensic product and forensic innovation are separate types of means of forensic innovation. The methodological basis for the development and implementation of forensic innovations into law enforcement are activity-based, system-structural and technological approaches, the use of which is promising for the formation of a separate forensic theory − forensic innovation. It’s substantiated that the complex approach in the development and formation of forensic innovation basic concepts is a methodological foundation for further research on this issue. It’s noted that in current realities criminalistics and each of its sections face important problems intending to study and take into consideration modern innovative achievements of science and technology, which can be effectively used while combating crime and successfully ensure urgent needs with forensic innovations in practice. New scientific approaches and proposals for solving the researched discussion problems are justified, perspective directions of research in this field of knowledge are defined.
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