司法鉴定活动领域的公共行政主体体系:概念、地位、权力、隶属与协调

Nataliia Martynenko
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General scientific and special research methods: analysis, modeling and forecasting, dialectical, structural-functional, synergistic, normative-logical, comparative-legal, analogy, extrapolation and legal interpretation. Results. It is proposed to consider the system of public administration entities in the field of forensic expert activity as a complete, interdependent, hierarchically structured set of subjects who, in accordance with the purpose and within the limits of authority, conduct public administration in the field of forensic expert activity in order to implement their own tasks and functions with the aim of providing justice in Ukraine with an independent, qualified and objective examination, focused on the maximum use of the achievements of science and technology. Conclusions. 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引用次数: 0

摘要

介绍旨在建设一个民主国家及其机构的非常复杂和矛盾的转型进程正在乌克兰进行。问题陈述。乌克兰公共行政的现代化、社会关系的变化、法医专家对执法活动和司法机构的支持不够有效、法医专家活动领域需要进行组织和法律改革。意图考虑法医专家活动领域的公共行政实体体系,它们的概念、地位、权力、隶属关系和活动的协调材料和方法。一般科学和特殊研究方法:分析、建模和预测、辩证、结构功能、协同、规范逻辑、比较法律、类比、外推和法律解释。后果建议将法医专家活动领域的公共行政实体制度视为一套完整、相互依存、层次分明的主体,根据目的并在权限范围内,在法医专家活动领域进行公共管理,以执行自己的任务和职能,目的是为乌克兰司法提供独立、合格和客观的审查,重点是最大限度地利用科学和技术成果。结论。法医专家活动领域的公共行政实体体系包括:1)各部委和其他国家机构,其管理范围属于从事法医专家活动的国家专门机构;2) 法医专家活动的实体。建立法医专家自治制度将有助于减少法医检查领域的国家监管,必须得到法律的批准。在关于咨询机构和其他辅助机构的规范性法律文书中,特别是在《乌克兰司法部法医检查问题协调委员会条例》中,关于组成的章节应考虑到非国家专门机构雇员和法医专家公共组织成员的法医专家有权当选为咨询机构和其他辅助机构的成员。在法医专家活动领域建立一个有效的公共行政主体体系,应以欧洲“公共行政”的行政和法律概念为基础,制定相关的理论规定,并具有适当的法律基础。有必要对法医专家活动领域的公共行政实体制度制定新的做法,以确保司法公正,进行独立、合格和客观的审查,以满足国际标准的要求和现代挑战。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
THE SYSTEM OF PUBLIC ADMINISTRATION ENTITIES IN THE FIELD OF FORENSIC EXPERT ACTIVITY: CONCEPT, STATUS, POWERS, SUBORDINATION AND COORDINATION
Introduction. Quite complex and contradictory transformation processes aimed at constructing a democratic state and its institutions are taking place in Ukraine. Problem Statement. Modernization of public administration in Ukraine, changes in social relations, insufficient effectiveness of forensic expert support of law enforcement activities and the judiciary, the need for organizational and legal transformations in the field of forensic expert activity. Purpose. Consider the system of public administration entities in the field of forensic expert activity, their concepts, status, powers, subordination and coordination of activities Materials and Methods. General scientific and special research methods: analysis, modeling and forecasting, dialectical, structural-functional, synergistic, normative-logical, comparative-legal, analogy, extrapolation and legal interpretation. Results. It is proposed to consider the system of public administration entities in the field of forensic expert activity as a complete, interdependent, hierarchically structured set of subjects who, in accordance with the purpose and within the limits of authority, conduct public administration in the field of forensic expert activity in order to implement their own tasks and functions with the aim of providing justice in Ukraine with an independent, qualified and objective examination, focused on the maximum use of the achievements of science and technology. Conclusions. The system of public administration entities in the field of forensic expert activity consists of: 1) ministries and other state bodies, to the sphere of management of which belong state specialized institutions that conduct forensic expert activity; 2) entities of forensic expert activity. The creation of a system of self-governance of forensic experts will contribute to the reduction of state regulation in the field of forensic examination and must be approved by law. In the normative legal acts on advisory and other auxiliary bodies, in particular, in the Regulation on the Coordinating Council on Forensic Examination Issues under the Ministry of Justice of Ukraine, the sections on the formation of the composition should take into account the right of forensic experts who are not employees of state specialized institutions and members of public organizations of forensic experts, to be elected to advisory and other auxiliary bodies. The creation of an effective system of public administration subjects in the field of forensic expert activity should be based on the European administrative and legal concept of “public administration”, developed relevant theoretical provisions, and have an appropriate legal basis. It is necessary to establish new approaches to the system of public administration entities in the field of forensic expert activity in order to ensure justice with independent, qualified and objective examination that would meet the requirements of international standards and modern challenges.
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