THE FACTOR OF ANTI-MEDIA AT SELECTION OF EXPERIMENTAL SURFACE TYPES

Abstract

In the scientific and practical aspect, a complex
of existing theoretical and practical problems on the
tactics of forensic handwriting examination and
selection of experimental samples of handwriting and
signatures under the conditions of counteraction of
the audited persons was investigated.
Successful resolution of the identification issues
handed down to the decision of the expert-handwriter
due to the quantity and quality of samples of
handwriting and signatures, the professional mastery
of the investigator who receives them and selects
them in conducting the relevant investigative action
(chapters 15, 16 of the CCP, Articles 234, 237, 245
CPC), - and the presence (absence) of counteraction
to the selection of samples by the persons being
inspected. The latter fact has a significant effect on
the comparison of comparison samples with the
studied handwriting material. Therefore, the
relevance of the article is due to the need to consider
the circumstances that impede the achievement of the
objectives set at the appointment and conduct of
forensic examination and reduce the effectiveness of
the data obtained by the expert, the need to develop
forensic recommendations to overcome and prevent
the counteraction of persons who are being tested.
The aim of the study is to analyze theoretical
issues and develop practical recommendations for
the recognition, overcoming and preventing
counteraction in the conduct of forensic-written
examinations. In this regard, it was necessary to
consider the forms and methods of counteraction of
interested persons to conduct a handwritten
examination, as well as methods of forecasting by the
investigators of this counteraction and overcoming it.
According to the authors, the practical
implementation of the above provisions during the
pre-trial investigation should positively influence the
qualitative state of the activity of investigators in
identifying methods of counteraction of persons
being inspected, conducting forensic examination
and selection of experimental patterns of handwriting
and signatures, and improving the level of tactical
and forensic provision of pre-trial investigation.
Based on the above analysis in the work the
authors state :
1. Development of forensic writing
examination, as activity practical, requires the
decision of theoretical, methodical, organizationallyadministrative,
tactical and judicial tasks.
2. Realization of forensic writing examination
is an inquisitional action, as she is sent to forming of
evidential base and consists of three stages:
1) preparation and setting of judicial examination;
2) realization of expert research; 3) research,
estimation and verification of conclusion of expert.
3. The stage of preparation of forensic writing
examination includes the system of judicial,
organizational, technical actions and tactical
receptions from collection of forensic writing
material, including - comparative standards.
Important tactical position of preparation of
materials is the permanent co-operating of
investigator.
4. Opposition to conducting a forensic
examination examination is a deliberate activity or
inactivity of interested persons to create obstacles in
the collection of objects sent for examination, in
order to prevent the truth from being established in a
criminal case, before the crime is discovered and
after the commencement of its investigation.
The methods of counteracting the person being
inspected, when: a) the appointment of forensic
examination, is: 1) the hiding of free samples of
handwriting and signatures, that is, different
manuscripts; 2) evasion from appearance to the
investigative body in order to refuse the provision of
experimental samples of hand-made material; 3) full
or partial falsification of documents); b) when
selecting from her experimental samples of
handwriting and signatures: 1) the refusal of the
person to provide samples of handwriting and
signatures; 2) deliberate distortion by the person of
his handwriting, signature; 3) the communication of
false information about the person's lack of
knowledge of the sign transcription of a particular
person.
5. The selection of tactical methods for the
selection of experimental samples for comparative
research is based on the results of predicting the prevailing investigative situation, the behavior of the
person being checked. The forecast is carried out in
two ways: the direct perception of the personality of the person being checked during the preliminary investigative actions; indirectly - by collecting and analyzing the information that characterizes it.
Key words: forensic examination of handwriting, samples of handwriting and signatures, selection of samples, counteraction to conducting handwritten examination.