( U=343.98 )

340.66

ББК Х629.341.311 + Х629.4
РУБ DOI: 10.36740/WLek201912234

Аннотация: Introduction: In most countries detainees are often subjected to physical and mental abuse by law enforcement officials, but very rarely victims of torture can prove the guilt of these offenders due to the poor quality of findings of state forensic medical and forensic psychiatric experts and due to inconsistency of their findings with international guidelines (Istanbul Protocol). The aim: To determine the role of forensic medical examination in the investigation of torture crimes, to provide arguments for necessity to security of the victim’s right to collect evidence independently, including through using of special knowledge of independent forensic medical and forensic psychiatric experts in criminal proceedings. Materials and methods: The authors used the European Court of Human Rights (ECHR) Decisions on the complaints of the victims’ torture, international and Ukrainian human rights legal acts, the results of numerous torture investigations conducted by medical and criminalistics scientists. The research is carried out on the basis of a harmonious combination of philosophical approaches, general and special scientific methods. Conclusions: In order to exercise the rights of victims of torture in accordance with the Convention on Human Rights and Fundamental Freedoms, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and according to other international and Ukrainian legal acts on human rights the arguments given for the need to enable the victim to engage independent forensic medical and forensic psychiatric experts to provide their conclusions in torture-related criminal proceedings

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Shevchuk, V. M..
Methodological problems of the conceptual framework development for innovation studies in forensic science [Текст] = Методологічні проблеми формування понятійного апарату криміналістичної інноватики / V. M. Shevchuk // Journal of the National Academy of Legal Sciences of Ukraine. - 2020. - Vol. 27, Iss. 2. - P. 170-183

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РУБ DOI: 10.37635/jnalsu.27(2).2020.170-183

Аннотация: The paper investigates the development issues associated with the conceptual framework of the innovation studies in forensic science as a new research area in forensic science. The author studies the methodological problems of developing and grouping categories and concepts of the subject matter. It is substantiated that the level of development and validity of any scientific theory, including the innovation studies in forensic science, is determined according to the degree and level of development of its theoretical and methodological principles and the framework of categories and concepts of this theory. In particular, this refers to such concepts as forensic innovation, innovative forensic product, their functions, classifications, stages of the innovation process, etc. The study analyses the scientific approaches to understanding the basic categories of the matter under consideration, which are innovative forensic product and forensic innovation. The author offers their definitions, describes essential features and properties, and analyses the correlation of these concepts. Furthermore, the author analyses the general and universal dialectical method of rising from the abstract to the concrete and from the concrete to the abstract, including their role in the development of the conceptual framework of innovation studies in forensic science. The study notes that the methodological framework for the development and implementation of innovative forensic products and the application of forensic innovations in law enforcement also includes activity-based, system-structural, and technological approaches, the use of which is promising both in the study of basic concepts of innovation studies in forensic science and in the development of this forensic theory. The author articulates proposals and individual insights in the solution of particular debating points associated with innovations in forensic science and law enforcement practice. The study substantiates that a comprehensive approach to the development of basic concepts and categories of innovation studies in forensic science constitutes a methodological foundation for further research on this subject, which determines the promising areas for the development of forensic science.

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Ackermann, V. R..
Schaffung eines einheitlichen europaisehen Kriniinalistischen Raumes: Die Tatigkeit offentlicher Organisationen zur Starkung der internationalen Beziehungen [Текст] / V. R. Ackermann, V. E. Kurapka, H. Malewski, V. Shepitko // Kriminalistik. - 2020. - Vol. 2020, Iss. 6. - P. 355–363
Перевод заглавия: Створення єдиного європейського криміналістичного простору: діяльність громадських організацій щодо зміцнення міжнародних відносин

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Аннотация: Der Beitrag zeigt die Entwicklung der Kriminalistik über den deutschsprachigen Raum hinaus. Er beschreibt aktuelle gesellschaftliche Aktivitäten zu ihrer Entwicklung, insbesondere in den osteuropäischen EU-Staaten. Ausgangspunkt sind Empfehlungen der Europäischen Union zur Kriminalitätsbekämpfung. Dazu verabschiedete der Rat der EU u. a. einen Rechtsakt zur „Schaffung eines einheitlichen europäischen kriminalistischen Raumes“. Im Beitrag wird am Beispiel kriminalistischer Organisationen in Litauen, der Ukraine und Deutschland diskutiert, wie öffentliche nichtstaatliche Organisationen durch wissenschaftlich-praktische Zusammenarbeit diesen Prozess fördern können. In einem „Palanga-Memorandum“ wurde die Gründung einer „Europäischen Föderation nationaler kriminalistischer Organisationen“ beschlossen und nationale europäische kriminalistische Organisationen/Vereine aufgerufen, darin mitzuwirken.

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Zhuravel, V. A..
Reliability evaluation of a forensic expert's opinion: World practices and ukrainian realities [Текст] = Оцінка достовірності висновку судового експерта: світові практики та українські реалії / V. A. Zhuravel, V. E. Konovalova, G. K. Avdeyeva // Journal of the National Academy of Legal Sciences of Ukraine. - 2021. - Vol. 28, Iss. 2. - P. 252-261

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РУБ DOI:10.37635/jnalsu.28(2).2021.252-261

Аннотация: Improving the activities of pre-trial investigation and judicial review largely depends on the increased use of special knowledge in forensic investigative practice and, above all, the involvement of an expert and their analysis. The relevance of the subject matter is explained by the need to introduce new forms and approaches to evaluating the reliability of expert opinions, in particular with the involvement of independent specialists of the corresponding speciality. The purpose of this study was to provide arguments regarding the expediency of attracting knowledgeable persons as reviewers to evaluate the objectivity and completeness of forensic analysis, the correctness of the methods and techniques applied by the expert, and the validity of the opinion. To achieve this purpose, the following general scientific and special research methods were used: Aristotelian, comparative legal, functional, sociological, statistical, system and formal legal analysis, legal modelling, and forecasting. It was established that in the vast majority of countries of the world, except Ukraine, an independent, knowledgeable person with special knowledge in the corresponding field is involved to help evaluate the reliability of an expert opinion. It was proved that contacting knowledgeable persons to evaluate the objectivity, validity, completeness of expert research helps establish the causality between the identified features of the object of analysis and the fact that is subject to establishment, and also gives grounds for determining the affiliation, admissibility, reliability, and sufficiency of the expert opinion. At the same time, a specialist's review cannot serve as a source of evidence, but only has an auxiliary (advisory, technical) nature and can serve as a basis for appointing a second (additional) forensic analysis or a cross-examination of the expert and the reviewer. To exercise the rights of individuals to fair justice, it is proposed to introduce this procedure for evaluating the reliability of expert opinions in Ukraine, with the necessary changes in the current procedural legislation of Ukraine to provide an opportunity for participants in criminal proceedings and the victim to attract knowledgeable persons as reviewers of expert opinions.

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Zhuravel, V. A..
Criminalistics’ language: Concept-terminological apparatus formation [Текст] = Мова криміналістики: формування понятійно-термінологічного апарату / V. A. Zhuravel // Journal of the National Academy of Legal Sciences of Ukraine. - 2020. - Vol. 27, Iss. 1. - P. 162-176

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РУБ DOI: 10.37635/jnalsu.27(1).2020.162-176

Аннотация: Any theory assumes the presence of its terminological apparatus - a language that is created to solve specific scientific problems and is designed to describe the relevant subject area; in criminalistics, it also serves as an effective means of thinking, should be highly specialised to reproduce the uniqueness of the subject of study, which actualises the study in this direction. Scientific approaches to the formation of the criminalistics’ language, its conceptual and terminological apparatus, through which this science describes its subject of study, were considered. It is emphasised that the development of science is determined primarily by the formation of its language as a system of general and individual concepts, which are reflected in certain terms, signs. It was stated that the criminalistics’ language is a complex, multilevel, holistic system, the elements of which are categories, concepts, terms, signs, symbols. Attention is drawn to the fact that during the development of criminalistics there is a continuous improvement of its language, clarification of definitions, enrichment of the terminological dictionary (thesaurus). It was noted that the current state of development of criminalistics, the formation of promising doctrines (theories) necessitated the introduction into its scientific apparatus of a large number of new concepts, terms, signs, through the use of various linguistic approaches, terminological elements, lexical units. The innovations concern not only the general theory of criminalistics, but also its main sections - techniques, tactics and methods. In this case, the criminalistics’ language, its conceptual and terminological apparatus must develop under certain criteria and conditions defined in both special and forensic literature. The rejection of traditional approaches to the definition of certain forensic concepts, the desire for innovation and unification always require special care and comprehensive justification.

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Zhuravel, V. A..
Crime mechanism as a category of criminalistics [Текст] = Механізм злочину як категорія криміналістики / V. A. Zhuravel // Journal of the National Academy of Legal Sciences of Ukraine. - 2020. - Vol. 27, Iss. 3. - P. 142-154

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РУБ DOI: 10.37635/jnalsu.27(3).2020.142-154

Аннотация: The current stage of criminalistics’ development is characterized by the active formation of its general theory, the definition of the object-matter area of research in this field of knowledge. The relevance of the issues studied in the paper is due to the need of a modern scientific concept of the matter of criminalistics development, identifying the range of patterns studied. The paper is aimed at analysing modern scientific approaches to understanding the crime mechanism as a structural element of the matter of criminalistics science. To achieve this goal, general and special research methods such as dialectical, historical, formal-logical, system-structural, legal forecasting, system and semantic analysis were used. It is proved that the crime mechanism as a holistic system of circumstances, processes, factors that determine the emergence of material and other information carriers about the crime event itself, its participants, provides the opportunity to put forward working investigative versions, investigation planning, targeted search for the consequences of the crime, offender’s identification, victim’s identification, contributes to the criminal legal qualification of the offense, and therefore undoubtedly acts as an object of criminalistics’ cognition. It is emphasized that the crime mechanism only determines the occurrence of traces (material and ideal), and therefore traces as consequences and as a result of the reflective process go beyond its internal structure (building). Therefore, the process of reflecting the crime mechanism in the environment, and hence the emergence of information about a crime and its participants should be considered as a separate aspect of the matter of criminalistics. It is noted that the criminalistics teaching on the crime mechanism studies the nature, essence and content of the functional side of criminal activity, patterns of interaction of participants of a criminal event with each other and with the surrounding material situation (environment), as well as patterns that determine the sources of criminalistics’ significant information on the crime itself and its participants. The process of direct formation of material and ideal traces, the patterns of reflection of the necessary information in them should be studied by another separate criminalistics teaching on the mechanism of trace formation. Attention is paid to the fact that the crime mechanism has connections with other categories of criminalistics and, above all, with the crimes’ criminalistics characteristics. It is stated that crimes’ criminalistics characteristics is a scientific abstract category, which reflects the qualitative and quantitative information of retrospective orientation as a result of cognition of the mechanism of certain types of crimes, i.e. that the crime mechanism is a reflected object, and criminalistics characteristics is a form of its reflection.

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Zhuravel, V. A..
Forensic diagnostics: Concept, meaning, and scope of implementation [Текст] = Криміналістична діагностика: поняття, значення та сфера реалізації / V. A. Zhuravel // Journal of the National Academy of Legal Sciences of Ukraine. - 2021. - Vol. 28, Iss. 1. - P. 187-194

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РУБ DOI: 10.37635/jnalsu.28(2).2021.252-261

Аннотация: The current stage of development of forensics is described by an active search for the latest cognitive methods and tools, which fully include forensic diagnostics. The relevance of the subject matter is conditioned by the need to form a modern terminology of the forensic science, further development of the scientific concept of forensic diagnostics, and prospects for creating an appropriate forensic teaching. The purpose of the study is to analyse modern scientific approaches to understanding the concept of forensic diagnostics, its features, structure, integrative functions, and differences from other paired forensic categories. To achieve this goal, such general scientific and special research methods as dialectical, historical, Aristotelian, system-structural, sociological, statistical, the method of legal forecasting and modelling, system and semantic analysis were used. It is proved that the term «forensic diagnostics» should be considered in practical and theoretical terms. In practical terms, forensic diagnostics is a method of recognising the state of objects, cognition of phenomena and processes related to the circumstances of the crime event, determined by the latter. This is a kind of tool at the disposal of an expert, investigator, detective, judge to know the object (event, phenomenon) by its reflection. In the theoretical sense, forensic diagnostics is considered as a separate forensic teaching, which constitutes a system of theoretical provisions on the regularities of recognising objects (situations) by their features and properties, based on the analysis of changes that occurred in them under the influence of the circumstances of the crime event and its participants, in order to carry out evidence in criminal proceedings. It is noted that the theoretical basis of forensic diagnostics comprises information on the patterns of occurrence of diagnosed objects, data on typical models of event reflection (action, behaviour). It is noted that forensic diagnostics as a separate forensic teaching (theory) is at the stage of its development, constantly increasing its scientific potential and expanding the scope of practical implementation. Further development of the theory and practice of diagnostic research involves systematisation and classification of diagnostic features and sets of features of objects, events, phenomena in accordance with the solution of diagnostic problems, classification of typical situations, development of methods and techniques of diagnostic research.

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Latysh, K. V..
Post-COVID suicide: forensic science analysis [Electronic resource] / K. V. Latysh // Wiadomosci Lekarskie. - 2022. - Vol. 75, Iss. 8, pt. 2. - P. 2031-2035
Перевод заглавия: Постковідний суїцид: криміналістично-науковий аналіз

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РУБ DOI: 10.36740/WLek202208216

Аннотация: OBJECTIVE: The aim: The article draws attention to the raise of suicide incidents after COVID-19 and proposes special knowledge to use in some forensic examinations for patients with COVID-19 and after as a measure of suicide preventing. PATIENTS AND METHODS: Materials and methods: Scientific researches and comparative analyzes of criminal cases marked as a suicide were done based on statistics method. 415 suicide cases were fixed in Ukraine in 2020, and other persons' influence for suicide committing was revealed only in 61cases. In 2021, the tendency has increased, and only during the first four months (from January till April) there were 213 suicide cases. CONCLUSION: Conclusions: There are so many cases of suicide after COVID-19 caused by mental and neurological disorders due to the coronavirus effects on human brain and psyche, not only at hospitals but at home as well. The virus can disrupt nervous system work both directly and indirectly, activating the immune system excessively (the so-called cytokine storm). Complex forensic medical and psychological examination may be appointed to determine the mental state of persons after COVID-19. There are two ways to solve the problem with the help of special knowledge and forensic science. On the one hand, investigate person's predisposition for suicide after covid to prevent a suicide. On the other hand, if you had failed and the person committed a suicide use the information received to prevent other persons' suicides.

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Shevchuk, V. .
Criminalistic methodics of crime investigation: Current problems and promising research areas [Текст] = Métodos de investigação de crimes: Problemas actuais e áreas de investigação promissoras / V. Shevchuk, V. Vapniarchuk, I. Borysenko, D. Zatenatskyi, V. Semenogov // Revista Juridica Portucalense. - 2022. - Vol. 32. - P. 320-341
Перевод заглавия: Криміналістична методика розслідування злочинів: Актуальні проблеми та перспективні напрямки досліджень

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РУБ DOI: 10.34625/issn.2183-2705(32)2022.ic-14

Аннотация: The relevance of this study is to examine the sphere of criminalistic methodics of crime investigation, as the last section of criminalistic science, and to consider the problems of this sphere and the prospects for its improvement and reform. The purpose of this research is to examine the scope of criminalistic methodics of crime investigation and to study the main problems and prospects for improving the methodics of investigation of committed acts in accordance with the current criminal activity in Ukraine. The methods used to study this subject include dialectical, legal recognition, formal legal, hermeneutical, logical-legal, structural-functional, etc. The results of this study are the characteristics of the following section of criminalistic science –criminalistic methodics of crime investigation, the main problems of this area, the means and methods of improving the methods of investigation of committed acts for effective detection of crimes and impartial consideration of a criminal case. In the course of the research, the "criminalistic methodics of crime investigation" was defined; a distinction was made between the "criminalistic methodics" and "criminalistic methodics of crime investigation"; the essence, tasks, and functions of the criminalistic methodics of crime investigation were determined; problems and prospects for improving criminalistic methodics of investigation of crimes committed were identified. The provisions that are enshrined in this study are of practical value primarily for participants in criminal proceedings for the full and comprehensive protection of their procedural rights and impartial and objective consideration of their case, for law enforcement agencies, investigators, defence counsels, judges, and prosecutors whose activities are related to the investigation and consideration of a criminal case.

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10.

Shevchuk, V. .
Functional Purpose of Tactical Operations in the Development of Criminalistic Methodics of Crime Investigation [Електронний ресурс] / V. Shevchuk, M. V. Kostenko, Y. Myshkov, I. Papusha, I. Hryshko // Pakistan Journal of Criminology. - 2023. - Vol. 15, No. 2. - P. 61-78. - References : p. 75-78
Перевод заглавия: Функціональне призначення тактичних операцій у розвитку криміналістичної методики розслідування злочинів

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Аннотация: The relevance lies in the investigation of the role and functional purpose of tactical operations in the development and implementation of criminalistics methodics for investigating criminal offences, which are used to identify, investigate, solve, and prevent committed criminal acts. The purpose is to clarify the influence of the functions of tactical operations on the construction of criminalistic methodics for investigating a criminal offence, as well as to analyse and describe the concepts of “tactical operation” and “criminalistics methodics of investigating criminal offences”. The results are as follows: the proposal of a contemporary interpretation and definition of the terms “tactical operation”, “functions of tactical operations” and “criminalistic methodics of investigating criminal offences”; identified the influence of tactical operations on the development of criminalistic methodics of investigation of a criminal offence; describes the features of various types of tactical operations during the investigation of certain types of criminal offences by an investigator.

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11.

Shevchuk, V. .
Criminalistic support of combating iatrogenic criminal offenses: Information system prospects [Електронний ресурс] / V. Shevchuk, M. Kapustina, D. Zatenatskyi, M. Kostenko, I. Kolesnikova // Social and Legal Studios. - 2023. - Vol. 6, no. 4. - P. 208-216. - References : p. 214-215
Перевод заглавия: Криміналістичне забезпечення протидії ятрогенним кримінальним правопорушенням: перспективи використання інформаційної системи

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343.9 343.98

РУБ DOI: 10.32518/sals4.2023.208

Аннотация: The research relevance is stipulated by the negative dynamics of the increase in the number of iatrogenic offences in Ukraine and the need to update the criminalistic support tools to effectively counteract these types of acts. Given this, the study aims to explore the prospects for developing an information system for recording cases of defects in the provision of medical care in Ukraine to promptly detect and investigate criminal offences in the field of medical practice. Various research methods were used, including analysis, synthesis, comparison, structural and functional, statistical, formal, and legal, and deduction. The study identifies the factors that necessitate the development of an information system for registering and studying cases of inadequate medical care to patients. In addition, the author examines the experience of Denmark, Germany, Great Britain, France, and other European countries in ensuring the operation of mechanisms for recording and reporting on adverse effects caused by defects in the provision of medical care. The advantages of information systems in the context of combating iatrogenic criminal offences are also revealed and proposals for the implementation of such mechanisms in Ukraine are developed. The study pays special attention to establishing the essence of iatrogenic criminal offences and identifying their specific features which create difficulties for the investigation of criminal offences in the field of medical activity since they are latent. The results obtained in the course of the study should be used to improve the competence of criminal justice officials whose activities are aimed at conducting pre-trial investigations of iatrogenic criminal offences through the use of innovative criminalistic tools.

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