Open AccessCRIMINALISTIC TASKS WHILE CRIMINAL PROCEDURE REFORMATION
Author(s) -
A. F Volobuiev,
M. V. Danshin
Publication year - 2018
Publication title -
teorìâ ta praktika sudovoï ekspertizi ì krimìnalìstiki
Language(s) - English
Resource type - Journals
eISSN - 2708-5171
pISSN - 1993-0917
DOI - 10.32353/khrife.2018.06
Subject(s) - scope (computer science) , contradiction , legislation , context (archaeology) , representation (politics) , subject (documents) , law , criminal law , criminal investigation , criminal procedure , political science , psychology , epistemology , computer science , politics , paleontology , philosophy , library science , biology , programming language
This article examines specifics trends of conceptual changes in the system of modern criminal proceedings regarding the use of criminalistic means and techniques as a cognitive tool in criminal procedure in Ukraine. Authors analyzed the reform impact of domestic criminal procedural legislation on definition of goals and objectives of criminalistics; in particular, the emphasis is on the significant expansion of competitiveness in pre-trial investigation and legal proceedings. Proposals of certain criminalists concerning allocation of separate subsystems of knowledge and recommendations directed at different subjects of criminal proceedings in modern criminalistics are analyzed. Characteristic of the conceptual approach of allocation Criminalistic Advocacy Studies is offered in Criminalistics. In this regard, types of advocacy activities in the context of solved tasks by means of сriminalistic knowledge are considered. It is noted that attorney while performing his professional duties – the protection of a person who is subject to criminal prosecution, or the implementation of the representation of the victim, really uses сriminalistic knowledge but for different purposes. In last case, the purpose and scope of the сriminalistic knowledge used by a lawyer actually coincide with the purpose and scope of knowledge of the body of pre-trial investigation. Activity of a lawyer regarding a representation office while the criminal proceedings of the victim's interests is illustrated investigation materials of anthropogenic disaster entailing loss of life. Against this background, a conclusion is drawn on the contradiction and uncertainty of the proposal regarding the formation of "criminalistic advocacy" as a subsystem of criminalistics. According to the performed analysis of an author's vision of modern integration of сriminalistic and criminal procedural knowledge is proposed. It is summarized that use of сriminalistic knowledge can be carried out by each participant in the criminal proceedings in the scoop he thinks fit to achieve his goal, but this does not give grounds for the division of criminalistics into specific subsystems depending on the used subjects. It is emphasized that in view of the radical change regarding domestic criminal procedure, nowadays some scientific norms and practical recommendations of criminalistics need to be reviewed or corrected.