Giverts P. Forensic investigation of atypical firearms (based on the materials of Israel expert practice).

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U101902

Applicant for

Specialization

  • 081 - Право. Право

23-06-2021

Specialized Academic Board

ДФ 64.086.024

Yaroslav Mudryi National law university

Essay

The dissertation is a scientific research dedicated to the theoretical and practical aspects of forensic examination of atypical small firearms. The actuality and relevance of the subject of the dissertation comes from the increasing number of atypical/homemade/converted firearms received for forensic examination, as well as the appearance of their new models and variations for which specialized methods of examination have not yet been developed. The lack of full and systemized information on new types of atypical firearms and the absence of necessary methodical recommendations and guidelines for making investigation, complicate the examination process and increase the possibility of expert mistakes. The scientific, methodic and teaching literature give detailed explanation to the definition of firearms. In most countries this definition is given in the law of the state. The definition of atypical firearms is often influenced by the types and models known at the moment of formulating of the definition. And, therefore, it does not represent the existing situation. The definitions of small firearms and atypical/homemade/converted firearms as they are formulated and used in different countries were studied and analyzed in the dissertation. The new definition of atypical firearms which meets the current situation and is based on the analysis of existing definitions and taking into account the peculiarity of constructions of atypical firearms lately received for ballistic examination in Israel was developed. Based on the results of the research some changes and additions to the project of the new Israel “Weapons Law” were recommended. It was determined that the existing systems of classification of atypical/homemade firearms are inadequate for the big variety of currently presented models of atypical/homemade firearms. To solve this problem a new, more detailed and inclusive system of classification was developed. This system of classification was developed with the use of the method of morphological analysis, which made it possible to include into the classification system not only well-known constructions, but also the constructions and modifications which can theoretically exist, though have never come for investigation. The developed system of classification allows to better systemize the information about different types and models of atypical firearms. The use of that system in the course of forensic examination makes it possible to give a more detailed description of the investigated evidence, as well as to choose the appropriate methods of criminalistic investigation. In the course of the research the analysis of expert practice in Israel during the period of 2006-2017 years was made. The data obtained was presented and summarized in the survey of 2700 samples of atypical firearms. On the basis of the survey the tendencies in the changes of types and models of atypical and homemade firearms, the quality of the treating of their parts and the methods of machine prosses used in the manufacturing were investigated and analyzed. Also, the information about the changes in the number of samples of different types of atypical/homemade firearms was analyzed and the tendencies were shown. It was found that homemade sub machine guns, the construction of which was significantly changed during the period covered in the survey, became the most popular type of atypical firearms. Lately, two new quickly growing groups of atypical firearms – the homemade copies of M-16 assault rifles and the airsoft rifles converted for shooting the cartridges in the caliber 5.56x45 mm, have started to come as evidences for examination. It was determined that the existing methods are inadequate for the examination of evidences from these three groups of atypical/homemade firearms.

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