Thesis for the degree of Candidate of Juridical Sciences, specialty 12.00.09 - criminal procedure and criminalistics; forensic examination; operatively-search activity. Academy of Advocacy of Ukraine, Kyiv, 2019.
Dissertation is the first in Ukraine scientific work, in that at monographic level complex and taking into account positions of current criminal judicial legislation the considered problems of the criminalistics providing of activity of advocate-defender and use to them of the special knowledge in criminal realization during collection, estimation and presentation of proofs with the aim of protection of rights and legal interests of person.
Data are studied and reflected about the modern state of scientific development of questions of the use of the special knowledge by an advocate-defender in pre-trial investigation of crimes. Protected during the last decade in Ukraine and near abroad of dissertation on problem questions of activity of advocate-defender in a greater measure expose the question of function of defense in criminal realization, organization of work and use of help of specialist an advocate mainly with in the limits of pre-trial investigation and from position of criminal process, in the aspect of implementation of criminal realization of requirements of judicial law, their accordance participants to modern legal and judicial practice European countries. Need independent research of problem of the use of the special knowledge, possibilities of bringing in of specialist, an advocate-defender to realization of separate judicial actions, help of specialist in preparation of materials for realization of examination and estimation of expert conclusion, use personally of scientific and technical facilities and present for him criminalistics knowledge an advocate for collection, estimation and presentation of court of proofs.
Scientific positions are exposed about essence, task and value of criminalistics in activity of advocate-defender. To conformities to law, that is studied by science criminalistics, it is impossible to take conformities to law of activity of side of defense. Can not go speeches about existence of original "advocate criminalistics", but the use of criminalistics developments, criminalistics knowledge has it is certain and important value for providing of effectiveness of work of advocate-defender, more correct will do an accent about the criminalistics providing of activity of advocate-defender in part of exposure, fixing, research and use to them of proofs in interests client.
Essence of standards is exposed for comparative researches independent category of objects that's used in rule-making during setting and realization of examination, and impossibility of their attributing is reasonable to material proofs. Material proof is a material not object as such, but object with his certain properties and copulas with evidential facts, and that is why without perception of these internals and connections an object does not have an evidential value the subject of finishing telling. Comparative standards can not be confessed by material proofs, as they gather, taken away by a side that applies with a solicitor about bringing in of expert and unconnected with criminal offence. Their basic feature is that they appear as a result of judicial activity during pre-trial investigation or during judicial trial.
Essence and value of studies about a criminalistics situation, positions of that can be taken into account by an advocate-defender for a decision to them of tactics of defense, are certain; also for electing of ways of exit an advocate from a conflict situation. In organization of activity of advocate-defender on implementation to them of function of defense in criminal realization it costs to take into account and use those criminalistics works and recommendations that touch him to activity, although they are worked out with in the limits of criminalistics category of inquisitional situation. It is therefore possible to conduct speech about a criminalistics situation and just the same situation an advocate-defender must take into account during participating in pre-trial investigation or judicial trial of materials of realization, electing certain tactics of defense and protecting interests the client.
Reasonably, that during a judicial trial on maintenance of solicitor of side of defense about bringing in of expert and commission of realization of examination court ruling, on the order of consideration of cramps of such solicitor and on the order of receipt of standards general requirements, that is set the grounds of realization of examination, order of bringing in of expert and order of consideration of solicitors about bringing in of expert and receipt of standards for examination, that is set for the stage pre-trial investigation, spread for examination.
