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Theory and Practice of Forensic Science

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Vol 14, No 1 (2019)
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THEORETICAL ISSUES

6-12 1826
Abstract

Correlation of the concepts of the object of forensic intellectual property investigation and the object of intellectual property is contemplated. The attributes of these objects are analyzed, in particular the intangible nature of intellectual property objects and the tangible character of the objects of forensic intellectual property investigation. A distinction is made between the concepts of ‘intellectual property’, ‘industrial property’ and ‘intangible assets’. The proposed systematization of intellectual property objects for forensic purposes is based on current practices in court ordered forensic intellectual property investigations. The case is made for setting up a new species of forensic investigation in the system of the Russian Ministry of Justice, as well as four new forensic science specialties: (1) investigation of items covered by copyright and related rights, (2) investigation of objects of patent rights and unconventional objects, (3) investigation of brand identities, (4) valuation of intellectual property objects.

13-23 1526
Abstract

The main provisions of Criminal Law relating to the economic category of ‘value’ are discussed in the article. Text analysis of the Criminal Code of the Russian Federation indicates the need for a uniform understanding of this category, regardless of the criminal law. During the investigation and trial of many types of crimes appraisement is signifcant and needs a deeper comprehension. While appointment, production and evaluation of forensic examinations, the resolution of which raises the question of valuation, inevitable complications arise due to the intricacy of determining the content of the specialized knowledge necessary for their implementation. The main provisions of Criminal Law relating to the economic category of ‘value’ as well as the interpretations of the Supreme Court of the Russian Federation concerning value determination in the Criminal Law are discussed in the article. The inadmissibility of forensic appraisal examinations appointment and conduct is justifed, since the goals and norms of the legislation on appraisal and appraisal activities do not always correspond to the tasks and methods of forensic expert valuation of goods, services, cultural values. The necessity of development of new and improvement of existing forensic expert valuation methods in the framework of such examinations as forensic product examination, forensic economics, construction forensic etc. is presented.

24-29 6196
Abstract

One of the problems with the practice of legal proceedings is the determination of the legal authority limits of a forensic expert when he forms an array of initial data, the structure and content of which would provide a full and comprehensive research of the issues put before him by the body (person) having appointed the examination. The possibility of the specifed initial data completeness ensuring is suggested and substantiated in the article, arguments arising from the provisions of the law concerning neutralization of the traditional criticism directions of the expert in this part during his interrogation in the course of judicial proceedings on his conclusion are adduced.

30-34 2113
Abstract

Extended activity systems analysis of the structural organization of forensic inquiry allows to educe its generic system models and to present it as a type of practical cognitive activity. Along this line of reasoning forensic research can be represented as a problem-solving process based on a level principle when an expert cyclically and repeatedly the solution scheme consistently deepens and specifcates the research. The concept of dialogic character shows its inextricable connection with the expert’s method characteristic since the content of the latter determines the corresponding types of expert activity reflected in it. Thus, it can be said that expert’s methods are an ‘action conclusion’ through the defnitions of ‘reasonable practicality’, ‘potentional realizability’ and ‘physical feasibility’ modes.

35-43 2113
Abstract

The need for the imposition of the new expert specialty stems from the law enforcement agencies’ demand for psychological research of informational materials in cases involving extremism and terrorism display, indecent assaults on the Internet, corruption offences, inducement and instigation of suicide, propaganda of nontraditional sexual relations among minors, propaganda of Nazi symbols and emblems and many others. Formation particularities of the new type of forensic psychological expertise and the new expert specialty ‘Psychological research of informational materials’ in the Russian Ministry of Justice forensic institutions are contemplated. The defnitions of subject and objects of this type of expertise as well as of the term ‘informational material’ are given. In the context of experts’ further vocational retraining problem it is underscored that during the public forensic experts’ preparation for the Russian Federal Centre of Forensic Science of the Russian Federation Ministry of Justice system an innovative author’s further vocational training programme in expert specialty ‘Psychological research of informational materials’ is used. Meanwhile some non-State organizations, the so-called non-proft organizations, providing educational and certifcation services in the forensic feld apply the same specialty description furnishing non-original content. As a result, the members of law enforcement agencies and judges appointing an expertise form a misconception about the qualifcation of the experts having such certifcates. The unifcation of experts’ training programmes for state and non-state organizations can change the situation and improve the quality of services in forensic psychology as well as the implementation of mandatory experts’ certifcation, training programmes and materials licensing and the governmental control of the certifying organizations.

STANDARDIZATION AND QUALITY MANAGEMENT

44-49 1271
Abstract

The issue of developing a uniform language for international communication in the feld of forensic science is considered. The matters of relative maturity of domestic forensic expert terminology and peculiarities of translated terms usage in forensic expertology and forensic practice are discussed. The concept of expertise subject formulated by modern leading scientists is analyzed, the conclusion is made about the subject of forensic examination as a process of establishing facts and circumstances, the purely applied nature of the concept, as well as the similarity to the defnition of expertise in the ISO international standard. Specifc examples are given. The need to translate some foreign standards into Russian and to adjust and implement several of their provisions in domestic legal system and expert practice to standardize forensic and expert activity is emphasized.

FORENSIC CASEWORK

50-55 1173
Abstract

This article focuses on issues concerning discovery of hands deposits on cases fred with certain models of fre weapons – 5.45 mm assault rifle АК-74М, 9 mm Makarov gun, 7,62 mm TT gun. Five persons left in turn on each of the above ammunition rounds intentionally qualitative hand traces, following which a shot was fred. After the shot the fre shot cases were collected and packed, avoiding contact between side surfaces and package material. The possibilities of discovery hand deposits on fred cases were determined by using reductive-oxidative and physical-chemical methods. The mechanism of “latent degradation” of hand deposits on cases formed before fring caused by the influence of the shot fact (high temperature, static and dynamic power contact of fred case with gun chamber walls) has been reviewed.

56-65 1375
Abstract

The opportunity of remote sensing Earth data application in performing of environmental forensics is contemplated. Using examples from expert practice, the progress of soil and vegetation mantle examination on the remote sensing materials is analyzed. It is demonstrated that existing methods of data interpretation enable the non-contact reconnaissance of environmental objects on an immense territory signifcantly reducing the time and expense of the expertise. With the help of this method an expert gets an opportunity to perform backcasting of landscape changes and the features of the modern image software make both visual and automated ways of analysis possible. The latest enables subjectivity elimination from interpretation of the images which is essential in getting reasonable expert conclusions.

66-69 4950
Abstract

The article is devoted to the distinction between anthropometric identifcation and establishment of identity in the legal sense. The need for the distinction is due to the fact that for a long time (since the ‘50s of the 20th century) the terms ‘personal identifcation’ (establishment of identity) and ‘identifcation of a person’ were used as synonyms. However, this synonymy contradicts the content of the concepts of ‘person’s identity’ and ‘personal identifcation’. The issue of identity establishment does not relate to the problem solved by the anthropometric identifcation as well as by morphological identifcation, including based on fngerprints. The results of the identifcation can only be used in the conduct of operative investigation activities and investigative actions executed for the purpose of identity establishment. In legal terms, establishment of identity is a criminological problem. And the task of anthropometric identifcation is solved by conducting a forensic facial recognition when examining human images. It is therefore proposed to adhere to the distinction of these terms in courseware for issues relating to the use of person’s physical appearance characteristics in forensic inquiry, law enforcement practice in appointments of the forensic facial recognition and the use of their results in criminal and civil proceedings.

70-79 1508
Abstract

Special considerations and objectives of the forensic analysis of vehicle identifcation markingsare contemplated. The need to single out the classifcation tasks of such analysis into a separate form along with diagnostic and identifcation ones is corroborated. The issues of establishing original vehicle identifcation markings when conducting investigative actions that are beyond the scope of forensic examination are examined, and non-conventional methods of calculating the check digit of vehicle identifcation numbers that are manufactured in the United States or intended for sale in the United States market are described.

80-86 1274
Abstract

Information on some vehicles dyeing technologies produced in Gorky Automobile Plant is presented, experimental infrared spectra of enamels and primer paints used for their dyeing are obtained.

METHODS AND TOOLS

87-96 1395
Abstract

The legal foundations of manufacture and distribution of alcoholic product in the Russian Federation as well as specifcations of reference documentation in product marking are expounded. The merchandising classifcation of alcoholic product and of its types according to the Federal Law No. 171-FZ of November 22, 1995 together with the classifcation of low-alcohol beverages according to GOST R 52700- 2006 are presented. The author proposes sequencing and main phases of forensic analysis of alcoholic product in order to assess its market value as well as an algorithm for conducting a comprehensive study in solving interim problems – the selection of analogues and the determination of correction factors which take into account the differences between the products under study and the analogue objects. Various expert situations are analyzed. 1. The examined production meets the requirements of the reference documentation in markings and has a federal special mark or a tax stamp. Examination objects – a bottle with the uncompromised cork and a bottle with the cork compromised at the time of the crime. 2. A comprehensive study with involved expert (sommelier) based on the submitted documents (the objects for the study are not presented). 3. Examination of alcohol beverages intended for sales in duty-free shops only. Examination objects – bottles with uncompromised corks.

EDUCATION AND TRAINING IN FORENSIC SCIENCE

97-105 2157
Abstract
The growing volume of forensic handwriting examinations of handwritten requisites copies entails the need to determine the range of the most typical mistakes made by experts in examination of these objects. The article gives examples of the most common mistakes in expert reports, the origin of some is analyzed. The system of internal and external forms of peer review of the ENFSI (The European Network of Forensic Science Institutes) experts’ conclusions is reviewed. To avoid most of mistakes described in the article the author proposes to follow relevant methodological references, to pay close attention to the quality of the examined object, to adhere strictly to all intermediate stages of examination. Also, to use internal and external peer review of conclusions as a form of control more effectively. The information contained in the article can be of practical interest when both reviewing conclusions in state expert institutions and preparing a value judgement regarding an expert/specialist conclusion.

REVIEWS

106-115 1185
Abstract

The article presents an analysis of the Russian Federal Centre of Forensic Science of the Russian Ministry of Justice publication ‘Expert study of copper conductors withdrawn from the site of a fre. Learner’s guide’ 2015. It is shown that this Learner’s guide cannot provide the method of conducting forensic fre examination and methodological references of the Ministry of Internal Affairs and the Ministry of Emergency Situations on establishing a causal relationship between emergency modes in copper wiring and fre ignition require considerable refnement.

INTERNATIONAL PERSPECTIVES IN FORENSIC SCIENCE

116-120 1251
Abstract

The article provides an outline of key events involving the European Network of Forensic Science Institutes. A key aspect of ENFSI activities is participation in the implementation of the European Union Council plan to create an integrated European Forensic Science Area 2020. This work is based on the EU system of direct grants, usually issued for a two-year period. A number of batch themed grants is discussed. The results of the Board, Standing Committee and Working Group activities, as well as scientifc projects coordinated by the ENFSI are presented. The interaction of ENFSI with external partners, primarily with members of the International Forensic Strategic Alliance uniting all major expert networks is briefly analyzed.

121-126 910
Abstract

This section presents translated abstracts of selected papers that appeared in the following periodicals: Forensic Science International, volumes 278–279 (2017) and volume 254 (2015), Elsevier Ireland Ltd. (Netherlands) [journal homepage: www.elsevier.com/locate/forsciint], and Journal of Forensic Sciences, volume 63, number 3 (2018), Wiley (USA) [available online at: www. onlinelibrary.wiley.com].



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ISSN 1819-2785 (Print)
ISSN 2587-7275 (Online)