THEORETICAL ISSUES
The article presents a review of scientific works by Russian, Kazakh and Ukrainian scientists published over the period 1999–2017 and exploring the definitions of the terms «expert» and «forensic expert» in forensic science, and observes a variety of approaches to how these definitions are formed. The term «forensic expert» is analyzed as it appears in forensic science legislation of the CIS member states. The key limitations of these definitions are discussed, including inconsistencies with laws of logic, linguistic rules, and legislative drafting conventions. The author proposes to define the term «expert» as «an employee of a public or private forensic organization». This definition can be used in the development and improvement of legal norms regulating forensic services. Further, the author defines the term «forensic expert» as «a person entrusted to perform a forensic examination». The proposed definition can be used to improve criminal and civil procedure legislation in CIS member states.
The paper examines the conceptualization of task content, task structure, and the task solving process in criminalistics workflow, where a system of forensic objectives determines the structure of forensic work performed by the investigator (expert) and affects their choice of tools and methods. A systems approach to the tasks and methods of forensic inquiry is required for successful task solving in complex forensic situations, and helps to optimize interaction between the expert (specialist) and the bearer of the burden of proof in the process of preparing and commissioning forensic examinations in civil and criminal cases, taking into account the investigative potential and forensic capabilities. The author uses an example from forensic (handwriting analysis) casework to explore the concept of forensic task and to demonstrate the multidimensional nature of task specification. The task solving process is interpreted as a process of simultaneous transformation of both the task itself as the object of forensic investigation and the investigator.
The author reflects on the philosophical problem of reliability of expert knowledge, not only as a procedural attribute of judicial proceedings, but primarily as a functional principle in building the entire system of forensic expert activity.
METHODS AND TOOLS
The article addresses the issue of subsuming construction projects under the category of permanent (non-permanent) structures. The authors offer detailed criteria for successful resolution of this issue, and present the appropriate course of inquiry for this line of forensic engineering investigation. Special emphasis is placed on the resolution of complex forensic situations. The paper incorporates a systematic overview of primary and secondary indicators for identifying buildings, structures and facilities as permanent or non-permanent. Recommendations draw on extensive regulatory resources, as well as generalization, systematization and analysis of current forensic practices, and are illustrated with specific examples.
Determination of the actual (book) value of a member's interest in the capital of a limited liability company is the most common question addressed by forensic accountants at the request of arbitration courts. The paper examines various methodological approaches relevant to specific forensic contexts, taking into account the legal stance of the Supreme Court of the Russian Federation and the Supreme Court of Arbitration of the Russian Federation in the resolution of LLC member withdrawal disputes, and drawing on the analysis of current forensic practices. A forensic accounting algorithm is proposed for measuring the book value of a member's interest in LLC capital.
FORENSIC CASEWORK
The article examines the utility of trace evidence analysis in facilitating the authentication of works of fine art in the event of their fraudulent substitution, as well as reporting on their overall condition and existing damages. Theoretical points are illustrated using an example from forensic casework conducted by the Laboratory of Trace Evidence Analysis of the Russian Federal Centre of Forensic Science of the Russian Ministry of Justice.
The paper presents experimental findings on the influence of caramel color on the UV absorption spectra of tannin-containing liquids. The presence of caramel color in alcohol-containing brandy-type liquids is demonstrated to affect optical density at 280 nm, and therefore the results of spectrophotometric determination of tannins in brandies. A comprehensive approach incorporating a range of techniques, suсh as chemical testing for tannins, UV absorption spectroscopy, and quantitative permanganometric determination of tannins, is shown to be appropriate for the study of phenolic compounds.
The paper analyzes various forms of conclusions presented in forensic construction audit reports. Representative examples from forensic casework are included to demonstrate the circumstances warranting the use of categorical assertions, categorical exclusions, conditional, alternative, or probable conclusions in a forensic construction audit report. The issues of expert report evaluation are examined in terms of assessing the probative value of expert opinions presented in different logical forms in a forensic construction audit report. Arguments are offered in support of using construction audit reports with probabilistic conclusions as a source of evidence in criminal investigations.
The paper examines the problem of forensic examination of doppelgängers' portraits for dominant matching features. The authors outline the types of forensic objectives addressed in the course of such examination, and offer an algorithm for the selection of matching group, individualizing and dominant characteristics (features) in doppelgängers' facial images. The relationship between individualizing and dominant features is analyzed, and the concept of a dominant set of features is introduced. Recommendations are offered for the best methods of dominant feature identification.
While investigating possible misuse of the names «Russia», «Russian Federation» and their derivatives (including «Russian»), forensic linguists may encounter particular challenges when the questioned item is a word that includes the letter combination «ros», and the task of the examiner is to determine whether «ros» is shortened from the words «Russia» ([Rossiya]) or «Russian» ([Rossiiskii]) in legal names formed by abbreviation. The article examines some methodological issues associated with such investigations.
The possibilities of scanning electron microscopy (SEM) for effective species diagnosis and identification of mammals are demonstrated using specific examples of microscopic analysis of mammalian fur, including the fur of extinct species of the Ice Age (woolly mammoth, woolly rhinoceros, cave lion, ancient bison and horses), fur remains from Holocene burials and graves, and fur samples from extant threatened species (chimpanzee, orangutan, Amur leopard, and tiger).
The paper presents the results of forensic analysis of improvised dummy grenades modeled after the airsoft hand grenade RGS-4 for use in tactical simulation wargames like «Airsoft». Initial testing by experts affiliated with a different system of forensic science institutes led to the conclusion that these devices are capable of producing explosions and causing fragmentation damage. The purpose of this study conducted by two forensic science centers of the Ministry of Justice of the Russian Federation was to correct the classification of improvised devices as explosive devices. Results indicate that these devices that consist of a cardboard (paper) or rubber-like casing filled with dried peas, with a «Korsar-4» firecracker in the middle, have the formal characteristics of an explosive device but cannot be regarded as such (as per Article 222 of the Criminal Code of the Russian Federation), since they are in effect typical imitation pyrotechnic devices similar to dummy hand grenades RGS-4 and display no significant damaging properties.
INVESTIGATOR'S/JUDGE'S/LAWYER'S COLUMN
The article presents a detailed analysis of backover collisions, i.e. traffic accidents involving vehicles moving in reverse. The authors emphasize the lack of adequate methodological support for the investigation of these highly common types of incidents, as well as the misleading language of the Traffic Regulations that often leads to biased verdicts on the driver's fault.
DISCUSSIONS
The paper looks at some issues with how forensic examinations are classified, commissioned and conducted. Analysis of scientific literature reveals that the diversity of new and emerging forensic science disciplines puts the questions of their classification at odds with current practice. The author highlights some of these contradictions and offers solutions to issues arising in the process of commissioning and conducting forensic nonconventional examinations.
INTERNATIONAL COOPERATION
The paper addresses the issues of quality assurance in forensic operations, as well as harmonization and convergence of expectations regarding the ways in which forensic economics can serve the interests of justice, given the varying economic contexts in countries that use different accounting systems. It is observed that even within the same country there may be differences in the way individual public agencies understand the objectives of forensic investigation into economic matters. However, despite existing disagreements, it is still crucial to search for common ground and work towards their reconciliation, drawing on international experiences and other countries' perspectives in the field of forensic practices. The authors propose building a list, or a glossary of key terms as a first step towards a shared theoretical framework in the field of forensic economics.
The paper presents current trends in computer forensic science, drawing on the outcomes of the 20th annual meeting of the Forensic Information Technology Working Group (FIT-WG) of the European Network of Forensic Science Institutes (ENFSI) held in November 2017 in Spain.
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