Hrosheva O. Organizational-legal, general-methodical principles of complex forensic biological-trasological examination and its assessment by the court

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U100845

Applicant for

Specialization

  • 081 - Право. Право

07-05-2021

Specialized Academic Board

ДФ 64.896.002

National Scientific Center "Hon. Prof. M. S. Bokarius Forensic Science Institute" of the Ministry of Justice of Ukraine

Essay

The object of the study is the public relations that arise in the process of expert provision of justice during the complex forensic biological and trasological examinations and their evaluation by the court. The purpose of the study is to determine the content and features of organizational and legal, general methodological principles of complex forensic biological and trasological examination and its assessment by the court, as well as to outline the main directions of solving problems in this field. The methodological basis of the dissertation research was general and special scientific methods: historical, formal-logical, statistical and comparative-legal methods, as well as the method of legal analysis. Theoretical and practical results, novelty: on the basis of the analysis of scientific works on development of concept of a subject of judicial examination and own scientific search the author's definition of a subject of complex judicial biological and trasological examination is developed; based on the analysis of Art. 1 of the Law of Ukraine "On forensic examination", Art. 69 of the CPC of Ukraine the author's edition of the specified norms is offered; the methodological basis of the complex forensic biological and trasological examination through the classification of forensic biological and trasological examinations is determined; on the basis of experimental researches the general methodical provisions of complex forensic expert researches of the mechanism of formation of spots of green are developed; based on the systematization of information on the structure and footprints of horses, feet of cows and other ungulates, paws, paws, teeth of animals, etc. developed theoretical provisions for diagnostic and identification tasks in the process of conducting comprehensive forensic examinations of animal tracks; the peculiarities of the content of the expert opinion based on the results of a comprehensive forensic biological and trasological study are revealed; the directions and criteria of assessment by the court of the conclusion of the complex forensic biological-trasological examination are determined. Degree of implementation: in scientific activity as a basis for further research of problems of development of theoretical, scientific-methodical and normative-legal questions of forensic examination, including complex; in law-making activity - for improvement of norms of the current legislation and new norms of the legislation (laws and other regulatory legal acts); in law enforcement - to increase the effectiveness of legal decisions in the field of law enforcement in terms of forming an adequate idea of ​​involving a forensic expert and conducting comprehensive forensic research, determining the criteria of legality / illegality of actions of forensic experts in the process of performing comprehensive forensic examinations, etc.; in the educational and methodological sphere - in the teaching of courses of criminology and forensic science, criminal proceedings, in the preparation of relevant textbooks and manuals, in the process of training experts. Scope: in expert work - as a methodological basis for conducting comprehensive forensic biological and trasological examinations.

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