Organization of forensic examinations in criminal proceedings as a condition for the effectiveness of the investigation of criminal offences

Another group of scientists also emphasizes the importance of establishing international cooperation during examinations with the participation of foreign experts, including within the framework of joint groups (Motoryhina et al., 2019). Thus, at the legislative level, it is necessary to develop a unified mechanism to involve international expert institutions, or individual experts for joint forensic examination in Ukraine; to establish the procedure for sending samples for examination abroad; to determine the conditions for recognition of the conclusion of an expert examination that was conducted outside Ukraine and the procedure for conducting an interrogation of a foreign expert; to identify the priority areas of international cooperation in the field of forensic expert activity and to provide a mechanism for their implementation. The development of the specified provisions will form the organizational principles of forensic examination in criminal proceedings under the condition of international cooperation.

Therewith, analysing the norms of the Law of Ukraine "On Forensic Examination”¹, the legislator does not define the terms "interaction”, "international cooperation”. Currently, there are no unified approaches to the interpretation of the essence of the concept of "interaction”, the classification and content of its forms and methods. For a correct interpretation of the essence of the specified concept, the authors of the present study consider it expedient to regulate these concepts legislatively.

Thus, the activity of investigating criminal offences in each particular case depends on the organization of its main elements, which are designed to ensure a swift, objective, and high-quality pre-trial investigation of criminal proceedings, one of which is the conduct of forensic examinations. The importance of proper organization of forensic examinations is explained by the fact that today it is still one of the leading and effective means of proof. The appointment and conduct of forensic examinations is factually the main part of the pre-trial investigation. The information obtained during the forensic examination helps make the process of proof as objective as possible in the future, and the results of the forensic examination are one of the main sources of evidence in the investigation of criminal offences.

Therewith, the organization of forensic examination during the investigation of criminal offences is a set of organizational and administrative actions of authorized subjects, which lies in ensuring the proper, timely, and objective appointment and conducting of forensic examinations, as well as obtaining an expert opinion, which is sought to complete the tasks of criminal proceedings.

Conclusions

Analysing the circle of subjects engaged in the organization of expert examination in criminal proceedings, it was found that in the context of the study of the activity of investigating criminal offences, the leading role belongs to the investigator, who is the subject of initiating the conduct of expert examination in a specific criminal proceeding.

It is the investigator (inquiring officer, detective), the prosecutor, as a subject of authority, who is authorized to make procedural decisions within a specific criminal proceeding. The activity of the investigator in the organization of forensic examinations is carried out at all its stages, and consists in the implementation of the following: at the preparatory stage - in relation to the object of examination: search, check, selection, and preparation of all materials and objects for expert examination; in relation to the subject that will conduct the examination - selection of an expert body or a particular expert, verification of their eligibility and establishment of cooperation; at the working stage - organization of constant interaction with the head of the expert institution and an individual expert during the examination, direct presence during the expert study; to provide additional materials for examination, to receive consultations from an expert on issues related to expert research; at the final stage - evaluation of the results of the conducted examination to establish compliance with its requirements determined by the criminal procedural law.

Notably, the legislation in the field of the organization of forensic examinations needs to bring the national legislation into line with international standards, namely: the procedure for preserving the materials of the pre-trial investigation, including the opinion of the expert, as well as the objects of the examination, the definition of the limits of the responsibility of the expert for the preservation of documents, considering the circumstances that do not depend on them, as well as the regulatory consolidation of the rules for the transmission of the expert's conclusions from the territories of military (combat) operations by means of electronic communication and the settlement of issues related to with storage of documentation in the temporarily occupied territories.

Furthermore, to ensure the preservation of the expert's opinion, to prevent its loss or destruction, it is necessary to amend Part 7 of Article 101 of the Criminal Procedural Code of Ukraine, and word it as follows: “The expert's opinion shall be provided in written and/ or electronic form, but each party is entitled to apply to the court to summon the expert for questioning during the trial to clarify or supplement their opinion.”

In addition, since the beginning of the large-scale armed invasion of the Russian Federation on the territory of Ukraine, considering the rapid increase in the number of war crimes against citizens on the territory

forensic examination criminal investigator

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