Tsyhanov S. M., Trotsenko A. M. Procedural features of the interaction between the forensic expert and the investigator at the scene related to the use of firearms.
The article examines the features of the interaction of a forensic expert and an investigator at the scene of an incident involving the use of firearms, and the determination of the expert’s error when performing his functions in the investigation of criminal offenses related to the use of firearms. The specified list of criminal offenses, the subject of which is firearms, and also analyzed the statistics on the number of registered crimes under the selected article and the percentage of these crimes to crimes against public security committed in the same year. The legislative framework governing the activities of a forensic expert has been checked. The definitions of the concept of “forensic examination” are also given, the essence of interaction between the investigator and the forensic expert is characterized and their forms are indicated. The issues of the features of conducting research with firearms by a forensic expert have been studied. It was proposed to improve the skills of forensic experts to eliminate the poor-quality conclusions of the expert and further facilitate the rapid conduct of the pre-trial investigation at a high level. It was noted about the expediency of interaction between the investigator and the forensic expert by the beginning of the appointment of a forensic examination by prior agreement of questions, the answers to which the investigator wants to see in the expert’s conclusion. It is also recommended to transfer the authority to collect materials and objects that will be subject to expert research to the forensic expert who will conduct the research, and not to the investigator or specialist.
Key words: forensic expert, investigator, firearms, procedural features.
- Criminal Procedure Code of Ukraine // Bulletin of the Verkhovna Rada of Ukraine: Code of 13.04.2012, version of 12.05.2016. URL: http://zakon3.rada.gov.ua/laws/show/4651-17.
- Instruction on the appointment and conduct of forensic examinations and expert research and scientific and methodological recommendations on the preparation and appointment of forensic examinations and expert research: Approved. by the order of the Ministry of Justice of 08.10.1998 № 53-5 (as amended by the order of 24.02.2020 № 667/5). Officer. Visn. Of Ukraine. 1998. №46. Article 1715
- Instruction on the procedure for involving employees of the pre-trial investigation bodies of the police and the Expert Service of the Ministry of Internal Affairs of Ukraine as specialists to participate in the inspection of the scene: approved. by order of the Ministry of Internal Affairs of 03.11.2015 № 1339. URL: https://zakon.rada.gov.ua/laws/show/z1392-15.
- Criminal Code of Ukraine // Bulletin of the Verkhovna Rada of Ukraine: Code of 05.04.2001, edition of 01.05.2016. URL: http://zakon3.rada.gov.ua/laws/show/2341-14.
- Theory and practice of forensic science and criminology [Electronic resource] // collection of materials of the All-Ukrainian scientific – practical conference. 2018. P. 361. URL: https://dsum.edu.ua/upload/doc/konf_27.02.2018_3.pdf.
- Theory and practice of forensic activity [Electronic resource] // materials of the VIII Interdepartmental Conference. 2019. P. 273-274, 404-405, 472-473. URL: http://elar.naiau.kiev.ua/bitstream/123456789/15297/3/zbirnyk_28112019.pdf.
- Azarov YI Peculiarities of interaction of the investigator with the expert (specialist) at the initial stage of pre-trial investigation / YI Azarov, EA Rafalsky // Legal Science. 2014. № 10. P. 87-96. URL: http://nbuv.gov.ua/UJRN/jnn_2014_10_11.
- Ablamsky SE, Yukhno OO, Lukyanenko Yu. V. Interaction of the investigator with other bodies and subdivisions in the disclosure and investigation of criminal offenses: a textbook / for general. ed. Doctor of Law, Professor OO Yukhna. Kharkiv. 2017. 152 p.
- Abramova VM Errors in forensic science: the essence, conditions and types of VM Abramova, Is Freedom Freedom Forensics and forensic examination: interdepartmental. scientific method zb. KNDISE MJ of Ukraine. K., 2014. Issue. 59. P. 72—78.
- On forensic examination: Law of Ukraine of February 25, 1994 №4038 / – XII // Bulletin of the Verkhovna Rada of Ukraine. 1994. № 28. Article 232.