Based on the analysis of the Constitution of Ukraine and the Criminal Procedural Code of Ukraine, the author has established the relationship between the general principles of criminal proceedings ...and some provisions of the Basic Law of Ukraine.
According to the results of the analysis of the provisions of criminal procedural legislation and regulatory acts regulating the activities of experts in case of their involvement in criminal proceedings, it has been determined that the Criminal Procedural Code of Ukraine does not contain an exhaustive list of principles of applying special knowledge of experts, however some of them are defined as the principles of forensic activities in the Law of Ukraine “On Forensic Examination”. For the first time, the author has determined the very general principles of criminal proceedings define the activity of experts in criminal proceedings.
The author has singled out two components in the studied category: legal and organizational ones. The author has determined what should be understood as the legal principles for the use of special knowledge of experts while investigating murders, as well as their list. It has been established that the concept of organizational principles includes procedural features of involving experts.
The author has provided a brief description of the principles of forensic activity, defined in the Law of Ukraine “On Forensic Examination”. The author has suggested provisions that should supplement this Law. Besides, the author has provided examples on how the implementation of the principles established by the legislator is ensured.
It has been established that the purpose of involving an expert in criminal proceedings is to clarify the circumstances relevant to criminal proceedings, for the solution of which special knowledge is required. The author has substantiated the provisions, according to which the involvement of an expert in criminal proceedings requires the existence of two grounds: legal and factual, the content of which is revealed in the provisions of the article.
The formulated conclusions are theoretical categories that determine the direction and content of the activities of experts and law enforcement officers in case of the application of special knowledge in criminal proceedings, in particular during the investigation of murders. The practical significance of the obtained results is to ensure a prompt, complete and impartial investigation and is one of the guarantees of the tasks of criminal proceedings.
The Model of Automated Knowledge Communication outlined in this postdoctoral thesis aims to broaden the scope of current conceptualizations of specialized communication to account for self-adapting, ...AI-/LLM-based machines since these are presently changing the practice of multilingual specialized communication in fundamental ways – hence affording research to adapt. The model facilitates the development of research on specialized communication specifically by integrating, firstly, new approaches toward concepts of expert knowledge and, secondly, the involvement of sophisticated machines able to act increasingly autonomously. The monograph sets out with an overview on the objects of research the model can be applied to as it incorporates approaches of cybernetics, technical sociology, and media sociology. The description of the model is followed by its validation on basis of seven case studies from which some suggestions for further research are derived.
Due to the specifics of crimes committed on the Internet and the need to involve competent persons with special knowledge in the field of information and computing technologies and information and ...computer technology in criminal proceedings, the appointment of computer and technical expertise is relevant in the investigation of most online crimes. Electronic (digital) information that is the subject of criminal encroachment or a means of committing a socially dangerous act on the Internet can be correctly collected, examined and examined only by specialists or with their assistance.
In scientific research on computer-technical expertise, the definition of its concept is not formulated, the distinctive features of this type of expertise are analyzed exclusively through the description of specific objects of such expertise. The article proves that the name "computer-technical expertise" is the most optimal term that semantically combines the study of both the device itself, that is, hardware, and its components, as well as system software, information data that includes various types of text and graphic documents.
The problems of performing forensic computer-technical examinations are based on objective and subjective reasons. Problems that do not depend on the expert's professional competence (objective) appear even before the start of production of the type of expertise under consideration. For example, failure to comply with the requirements of the criminal procedure form when collecting electronic documents or computer equipment during investigative actions prevents the expert from preparing a reliable, respectively, and acceptable conclusion. It is also important to take into account the continuous improvement of software and hardware used in criminal activities, which inevitably causes the need to modify and optimize the methods of conducting examinations.
The article defines the concept, principles of forensic computer-technical expertise, its types, objects of research and opportunities in the investigation and detection of crimes. Almost any handling of computer information requires the use of special knowledge. Therefore, the authors emphasize the possibilities of forensic computer- technical expertise in solving diagnostic and identification problems, analyze the problems of assigning and producing computer-technical expertise.
No type of legal proceedings is complete without the involvement of experts for the production of expert research or specialists for consultation. In this regard, the question of determining the ...competence of these subjects by persons conducting the process who do not have special knowledge in the field in which the knowledgeable person specializes is very acute. The author determines the competence of the forensic expert and enumerates other requirements to the expert as a participant in the proceedings. The formation of competence is primarily influenced by the level of training, education of an expert or specialist. The main attention focuses on the disclosure of the main ways of initial training and retraining of forensic experts at the present stage: the traditional way of experts training; specialization in the specialty “Forensic examination”; master’s degree in programs of expert specialties. The existing types of training and retraining of forensic experts in Russia and some foreign countries, including the member States of the Eurasian economic Union (EEU), are analyzed. The traditional way of training of forensic experts and training under the program of specialization are revealed proceeding from historical conditionality and necessity of training of specialists for implementation of forensic activity. The positive and negative features of the training areas are highlighted, taking into account their impact on the formation of the competence of the forensic expert. The author emphasizes the need to develop existing forms of initial training of forensic experts, taking into account the advantages and disadvantages of each of them. The study concludes that it is necessary to apply the subjective criterion in order to determine the effective form of training of forensic experts
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