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Theoretical and legal aspects of the formation of the subject and object of forensic examination in Ukraine
Author(s) -
T.V. Shlapko,
Д В Пономаренко
Publication year - 2020
Publication title -
pravovì gorizonti
Language(s) - English
Resource type - Journals
ISSN - 2519-2353
DOI - 10.21272/legalhorizons.2020.i24.p102
Subject(s) - subject (documents) , object (grammar) , forensic examination , psychology , identification (biology) , forensic science , epistemology , law , medicine , computer science , political science , forensic engineering , engineering , artificial intelligence , philosophy , botany , library science , veterinary medicine , biology
The article examines the theoretical and legal aspects of determining the subject and object of forensic examination in Ukraine, their relationship and formation during the examination, based on the analysis of the current state of research and issues of legal regulation. From our research it is seen that the concept of the subject of forensic examination, as one of the fundamental, in the scientific literature has received a lot of attention, because the subject determines the nature and content of expert research, their methodology, etc. However, despite the important theoretical and practical significance, scientifically sound definitions of the subject of forensic examination in both general and specific meanings have not yet been developed. According to the results of the study, the subject of forensic examination is medical and medicalbiological issues that arise during the inquiry, preliminary investigation and trial, while the object of forensic examination is a person and his life. The immediate object is determined by the court when it appointing a forensic examination – it is usually a carrier of evidence in the case. Thus, the subject of the forensic examination is, in generalized form, the identification of patterns and individual features of pathological processes in the human body (or corpse), as well as in the products of human life, which have legal significance and entail certain legal consequences for the case while of establishment by the court of legal facts and causal relations. The article also concludes that the correct understanding of the object is one of the important aspects in the theory and practice of forensic science. This, in particular, is essential for distinguishing types of expertises, determining the competence of the expert, creating appropriate conditions for expert research, and so on.

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