CURRENT ISSUES OF APPOINTMENT OF CRIMINAL FORENSIC EXAMINATIONS IN UKRAINE

Abstract

The article examines the main problematic issues in the appointment and conduct of forensic examination, which affect the timing and results of expert research, as well as the solution of these issues in the investigation of criminal proceedings.
Based on the analysis of scientific houses and legal regulations, the author's definition of the term "forensic examination" was developed. The analysis of the current criminal procedural legislation of Ukraine is carried out and the main problems and conflicting moments are determined.

The implementation of the functions and tasks of forensic forensic examinations in the context of the detection of committed crimes, proving the guilt of specific individuals has become significantly more complicated as a result of the legal reform carried out in Ukraine. In criminal proceedings, the problem of appointing and conducting examinations has always taken place, it has been and remains quite relevant, because an important role in proving the guilt of the person who committed the crime belongs to the examination.
It is argued that it is necessary to make changes to the procedure and grounds for conducting a forensic examination, in order to avoid usurpation of such a right by the investigating judge.
The necessity of making changes to the procedure and grounds for conducting a forensic examination in order to avoid usurpation of such a right by the investigating judge is argued.
Based on the analysis of regulations that constitute the legal basis for forensic examinations in criminal proceedings, it is determined that the mechanism of regulation of this institution should be provided with clear rules, formed taking into account the needs of modern domestic and foreign practice.
It is noted that the legal provisions of national legislation in the context of the appointment of forensic examination in criminal proceedings need to be further improved. The main problems of application of current rules of law include, first of all, Art. 244 of the current CPC of Ukraine, according to which "an expert may be involved by an investigating judge at the request of the defense in case of refusal of the investigator, prosecutor to satisfy the request of the defense to involve an expert."
It is proposed to solve the problematic aspects of the terminological apparatus, determining the status of an expert and a comprehensive examination, as well as the procedure for conducting a forensic examination in criminal proceedings in the new draft Law of Ukraine "On forensic activities". The application of this provision entails a number of problems, including: sanctioning by the investigating judge of the forensic procedure is inexpedient, as most examinations in criminal proceedings are mandatory, and therefore the transfer of the function of appointment and mandatory examinations to the court will only delay affairs; in such circumstances, it is not possible to optimize court costs for forensic examinations; this causes an imbalance of the parties criminal proceedings, which entails the ineffectiveness of the methods of defense and justice in general, as well as contradict the principle of freedom in the submission of their evidence to the court and proving their persuasiveness; this leads to unjustified formal and informal restrictions in the use of means of proof and leveling the principle of adversarial proceedings of the parties to the criminal proceedings.
Key words: expert, court, criminal proceedings, pre-trial investigation, investigating judge, investigator, judge, reforms, justice.