Bazhaniuk V. Legal and organizational-tactical bases of examinations in criminal proceedings

The dissertation is a monographic study of the main problematic issues related to determining the legal and organizational and tactical basis for examinations in criminal proceedings in modern conditions. Based on the analysis of the history of formation and development of forensic examinations, it is concluded that the change in the order of appointment and conduct of examinations in criminal proceedings at certain times imposed a significant impact on organizational and tactical foundations of this procedure and determined its place in the evidence collection system. The legislator of Ukraine has made significant changes in the legal regulation of the examination, giving the defense party the right to hire experts on contractual terms to conduct the examination. At the same time, the defense has the right to apply to the investigating judge for an examination at the pre-trial investigation stage. Forensic science plays an extremely important role in proving because it is perceived as the achievement of scientific and technological progress. Therefore, in the conditions of the competitive process, all components of the forensic examination (its type, stages, methodology, competence and qualification of the forensic expert) are carefully analyzed by the parties. Currently in Ukraine, as well as around the world, a qualitatively new model of expertise is being formed, which is characterized by the introduction of standardized terminology, development of indicators of reliability of expertise, neutralization of subjectivity of experts, improvement of existing and development of new research methods, accreditation of forensic experts institutes and laboratories, etc. This process is reflected in two directions - the improvement of methods of traditional examinations and the formation of new types of examinations (molecular genetic; examinations related to the use of polygraphs; military examinations; examinations of intellectual property, etc.).