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No 4 (2026)
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KUTAFIN UNIVERSITY CHRONICLE

EXPERT OPINION

27-39 144
Abstract

The article examines the current problems of appointment and conducts of forensic examinations of digital footprints in civil proceedings in the context of global digitalization. The analysis focuses on the current state of the judicial system, which appears unprepared to effectively handle new types of digital evidence. Key issues identified include insufficient understanding of digital footprints specifics, formalistic approach to digital evidence, difficulties in determining the type of forensic examination, and challenges in assessing the competence of non-state experts. Special attention is given to the collection and examination of digital footprints, including working with various storage media and computer systems. The risks associated with uncontrolled use of AI technologies in forensic practice are considered. The author proposes a set of measures to improve procedural legislation and judicial practice, including development of special procedures for handling digital evidence, enhancing technical equipment of courts, and improving participants' qualifications. The necessity of recognizing digital evidence as an independent type of proof and forming a holistic regulatory system is substantiated. The paper also addresses the issues of enhancing judges' qualifications in forensic expertology and digital footprint handling.

VECTOR OF LEGAL SCIENCE. Forensic Expertise in Civil Procedures Chapter

40-53 111
Abstract

Currently, questions of ensuring the quality of forensic examination in civil proceedings are increasingly arising. This article consistently explores the concept of «quality» in a general sense and in the context of forensic activity, drawing on an analysis of the regulatory framework and standards. The paper provides an overview of international and national standards governing quality requirements in general, as well as those related to the quality of forensic examinations. Attention is paid to the specific application of the term «quality» in relation to: forensic activity in general; a specific forensic examination; and the forensic expert's report as its result. The author identified criteria for objectively assessing the quality of forensic examinations and forensic expert reports in practice. The article identifies key challenges faced by participants in civil proceedings when determining the quality of an expert study and its results. Difficulties in interpreting quality standards that arise in real-life judicial practice are considered, as well as possible ways to overcome them.

54-65 117
Abstract

This article examines current issues related to the appointment and conduct of forensic economic examinations of transactions with digital assets in the context of economic digitalization and modern law. The most relevant type of modern economic examination is the examination of mining operations. The author explores and substantiates the basic theoretical concepts of cryptocurrency mining, its definitions, and regulatory framework. The article examines the conceptual framework of forensic economic examination of mining operations within the framework of digital economic examination, specifically its subject matter, goals, objectives, issues, and objects. This article examines the conduct of forensic examinations of mining equipment operations (formation of initial cost, depreciation, etc.), as well as the formation of financial results from mining operations through a separate study of the formation of income and expenses from mining operations. The article summarizes current practices in organizing mining operations, as well as practical aspects of conducting forensic examinations. The author provides methodological recommendations for conducting forensic examinations of an organization, implementing mining operations, and forming financial results from mining.

66-73 90
Abstract

This paper examines the specifics of railway transport expert assessments (RTAs) in arbitration proceedings, their classification, and their role in resolving disputes between railway transport entities. Rail transport is presented as a complex technical and technological environment consisting of two groups of objects: vehicles (rolling stock) and infrastructure. Particular attention is paid to road-rail vehicles (RRVs): their history, regulatory framework (including Appendix 17 to the Rules for the Technical Operation of Railways of the Russian Federation), and use in emergency recovery operations. The objects and tasks characteristic of this type of expert assessment are examined, while new objects are identified that were not included in RTAs, despite their presence in transport. The article notes the sufficiency of the specialized knowledge of railway engineers to solve not only diagnostic but also cost problems, a fact confirmed by judicial and expert practice. The article also provides examples of expert work in arbitration proceedings, including at the initial and supplementary expert examination stages, as well as during expert questioning. The importance of expert opinions in helping the parties reach a settlement is highlighted.

74-82 113
Abstract

Forensic authorship examination is considered as the primary form of applying specialized knowledge of an authorship expert in civil proceedings when resolving cases of copyright infringement involving products of speech activity — both traditional ones (scientific articles and educational materials) and multimodal ones: website continuums on the Internet, online manuals, and educational multimedia courses. Based on an analysis of forensic expert practice, the study identifies problems related to the appointment of authorship examinations (the correct selection of the type and category of expertise, the formulation of questions) and the conduct of authorship examination — including within the framework of intellectual property examination. The solution to the problem of appointing authorship examinations lies in supplementing reference materials for judges with clarifications on the capabilities of authorship examination in identifying factual data for resolving disputes concerning verbal intellectual property. Meanwhile, the solution to the challenges in conducting authorship examinations does not involve replacing the expert with artificial intelligence, but rather using specialized software that combines qualitative and quantitative methods for analyzing written speech products, as well as the author's intellectual and discursive skills.

83-89 137
Abstract

The article deals with some problems of using neural network technologies to falsify digital audio evidence in civil proceedings. The rapid development of generative artificial intelligence models and their widespread availability create new risks of presenting unreliable signalograms in court, such as phonograms capable of imitating the voice of a specific person. In these circumstances, it is particularly important to develop mechanisms for forensic experts to counter such falsifications. The article justifies the need to include a stage of checking phonograms for neural network generation in the structure of preliminary expert examination, along with establishing the suitability of speech material for identification purposes. Attention is drawn to the mixed results of using specialized software for the automatic recognition of generated digital audio recordings. The importance of developing methodological support for forensic examinations of new objects of a neural network nature is emphasized, and a conclusion is drawn regarding the need to improve procedural mechanisms for the assessment of digital evidence in the context of the proliferation of neural network technologies, including those for the synthesis of spoken speech.

90-98 105
Abstract

Today, digital economic systems and technologies are rapidly evolving, making the role of forensic accounting in resolving economic disputes particularly important. This is particularly relevant in so-called inventory disputes in arbitration proceedings. Inventory disputes in arbitration proceedings may arise when determining losses associated with an insured event, for example, when assessing damage to insured property. In such situations, inventory plays a significant role in establishing a fact, such as a shortage, which directly impacts the amount of insurance compensation. When conducting a forensic accounting review of inventory disputes, the expert examines both traditional paper accounting documents and electronic documents. The development of electronic document management, as well as the overall development of accounting in the context of digitalization, is contributing to the evolution of forensic accounting, which today is characterized by new objects and research objectives.

99-105 102
Abstract

The article examines the practical significance of the expert experiment in the forensic technical examination of documents in the resolution of civil and commercial disputes. Based on examples from practice, the authors conclude that reliance solely on standard diagnostic complexes set out in methodological guidelines may lead to erroneous conclusions because of the diversity of trace-formation mechanisms and the incomplete description of such mechanisms in the methodological literature. The article considers the proposition that technological changes often result in the emergence of new features or in changes to the existing pattern of features. In other words, methodologies developed based on previously collected empirical material do not always keep pace with changes in the equipment used to produce documents. The article substantiates the need to advance alternative hypotheses and to test them by means of experiment, which is often the only way to verify competing versions objectively.

106-112 129
Abstract

The article discusses the current problems of the legal regime of digital assets and digital currency in insolvency (bankruptcy) procedures. The legal nature of digital currency, including stablecoins, is being investigated, as well as the specifics of its qualification as property for inclusion in the bankruptcy estate. Special attention is paid to modern judicial practice related to the identification of digital assets, foreclosure on them, as well as the use of cryptocurrencies to conceal the debtor's property and cause losses to creditors. The practical and methodological difficulties that arise in the appointment and conduct of judicial economic examinations in cases related to operations with digital assets in bankruptcy are analyzed. The issues of proof, identification of digital traces and assessment of the economic content of the relevant transactions are considered separately. The necessity of further development of economic and digital expertise as a special tool for the study of digital financial relations in bankruptcy cases is substantiated.

VECTOR OF LEGAL SCIENCE. Contemporary Issues in Forensic Science: Legal Regulation, Theory, and Technology

113-119 97
Abstract

Through the prism of the principle of free evaluation of evidence, taking into account the provisions of the current criminal procedure law, the article examines the objective and subjective reasons that make it difficult for government and private actors in criminal proceedings to evaluate an expert’s opinion. The position on the indispensability of expert advice in assessing the scientific validity of an expert’s opinion is defended. The analysis of the problems of a specialist’s participation in the evaluation of an expert’s opinion is given, tactical methods of involving a specialist in the process by a defender are proposed, taking into account the changing legal positions of the Plenum of the Supreme Court of the Russian Federation, set out in resolutions No. 28 of December 21, 2010, No. 22 of June 29, 2021 and No. 51 of December 19, 2017, and the formation on this basis based on new judicial practice.

120-125 116
Abstract

The article discusses the development of forensic linguistic examination at a time when media is transforming. Forensic linguistic expertise plays a significant role in ensuring the protection of an individual's right to reliable information. In modern media, fact is often replaced by factoid. A factoid is a statement that is presented in the press as a fact, but is not in fact one. The author described other expert tasks related to the linguistic study of user-generated content. Augmented reality technologies are actively used in the creation of user-generated content. The author emphasizes the importance of strictly following expert methods. Attention is paid to the importance of analyzing the genre affiliation of the controversial text, it's subject-thematic relevance, as well as the communicative situation of its appearance. A modern speech expert needs competencies in the field of media. Media is now a battlefield for cognitive sovereignty.

126-133 81
Abstract

The article discusses the development and current state of the formation of a situational approach in criminal proceedings, in particular, in criminology and forensic examination. The different points of view of scientists on the issue of the essence and origin of situational expertise are noted. The problematic aspects of the use of situational expertise are considered and the vectors of its development are outlined. The important role of the situational approach in strengthening interdisciplinary interaction of the legal sciences is noted. At the same time, the analytical review showed that situational expertise, as the most effective means of proof, is practically not in demand in the investigation of a number of crimes. The conclusion is made about the integrative, systematic and intersectoral nature of the situational approach, which naturally suggests the expediency of expanding the scope of its application in both theoretical and practical fields of activity. When writing the article, the provisions of materialistic dialectics were used, as well as general and particular methods of scientific knowledge, in particular, historical, logical-philosophical, comparative-legal, generalizations, descriptions, and others.

134-141 93
Abstract

Artificial intelligence is applied in many spheres of life. This paper examines modern "financial pyramids" as a form of criminal activity that negatively impacts trust in financial institutions and the economic security of the state. Using statistics from the Bank of Russia (including data for 2024–2025), the scale of pyramid scheme distribution is analyzed: it was found that 98.8% of such projects in 2025 operated online, and the share using cryptocurrency increased from 77 % to 84 %. Two forensic models of their functioning are identified: "website conveyor" — short-term anonymous projects with minimal infrastructure; "large imitator projects" — long-term schemes simulating legitimate businesses and possessing a complex structure. The paper demonstrates the potential of AI application in areas of expert research where direct perception of the object is difficult or impossible, and also leads to increased reliability of conclusions. Examples of the use of AI results for selecting samples for comparative research, as input data for forensic examination, and as a means (method, instrument) for conducting research are given.

142-150 110
Abstract

This article describes some of the problems that arise in the practice of special police investigation sections of internal affairs agencies when commissioning forensic ichthyological examinations, which are typical for preliminary investigations into the illegal catch and sale of aquatic biological resources. Numerous cases are discussed where such studies are entrusted to universities, research institutions, and other organizations employing specialists in ichthyology — this applied approach is recognized as inconsistent with legal provisions. As a result, the advisability of entrusting forensic ichthyological examinations to specific employees of these institutions — «private experts», that is, individuals knowledgeable in the field of ichthyology who are not employed by forensic institutions — is emphasized. The widespread implementation of these requirements is contingent on various forms of advanced training and professional development for employees of special police investigation sections of internal aff airs agencies.

151-156 90
Abstract

The article is devoted to the analysis some features of the using additive technologies in forensic science. The author examines in detail the legislation of using of additive technologies in forensic science. Some problems with the use of additive technologies in forensic science are outlined, including issues related to the collection and dissemination of personal data obtained during the examination, the limits of disclosure and use of a threedimensional, and copyrights to a three-dimensional model created as part of the examination. In addition, the ethical aspects related to three-dimensional facial scanning during forensic science are considered. From a practical point of view, the shortcomings of some approaches to the using of additive technologies in forensic science, and ways to address them are indicated. The article can be useful to professionals in the field of forensic science, lawyers, as well as researchers dealing with issues of digitalization in forensic science.

TRIBUNE FOR YOUNG SCIENTIST

157-166 118
Abstract

The article examines the subject matter and objects of forensic financial and economic examination of transactions involving digital assets. It substantiates that, with respect to this category of cases, the expert analysis should focus not on the digital form of the asset as such, but on the economic substance of the relevant transaction, its value parameters, financial result, and reflection within the accounting and settlement system. It is shown that the objects of such an examination are heterogeneous. In this regard, a distinction is proposed between native, derived, and reflected objects, as well as consideration of the difference between the original, duplicate, and copy of a digital footprint. Special attention is paid to the suitability of objects for financial and economic analysis and to determining the place of examinations of transactions with digital assets within the system of forensic economic examinations.

167-174 108
Abstract

The paper examines the problems of legal support for forensic expertise in civil law proceedings. A comparison is made between the scope of legal regulation and current clarifications of the norms of law on judicial practice, set out in the acts of the highest court, in relation to different forms of legal proceedings. Based on a comparison with the criminal process, the conclusion is drawn about the incompleteness and objective obsolescence of the resolutions of the Plenums of the highest judicial instances on arbitration and civil proceedings. Among the most significant changes in recent years, which are proposed to be taken into account in the current recommendations to the courts, are the appearance of a list of types of forensic examinations conducted exclusively by state forensic expert institutions, as well as a change in the payment procedure for forensic examinations in civil proceedings. It is concluded that the conceptual and regulatory proximity of approaches to the institute of forensic examination makes it possible to combine civil processes with a common list of issues that should be taken into account in the development of resolutions of the Plenum of the Supreme Court of the Russian Federation at the present stage. A version of the relevant range of issues is proposed.

175-181 144
Abstract

This article examines expert errors in forensic accounting examinations in the context of digitalization. It identifies typical errors in forensic accounting examinations in the context of digitalization, highlighting the mechanisms by which they occur and recommending preventative measures. It describes expert errors associated with the use of software packages for calculations, grouping, analysis, and synthesis of data, as well as the introduction of artificial intelligence tools into forensic practice. The need for improved data source identification and an algorithm for collecting, transmitting, and storing information that ensures its integrity and immutability is identified. The need for developing interdisciplinary competencies in forensic accountants is substantiated. It is concluded that a unified methodological approach to forensic accounting examinations with regard to digital objects of study is necessary.

OFFICE BOOKSHELF

LAW IN HISTORICAL REFRACTION. Legal heritage

LAW IN HISTORICAL REFRACTION. Some Pages of the Past Periodicals

LAW IN HISTORICAL REFRACTION. Through the Pages of Forensic Science History

199-206 109
Abstract

This article is devoted to the history of the first forensic institutions in Russia, focusing on the emergence of the Aptekarsky Prikaz and Ivanovskaya Square. Using archival data and historical sources, the author demonstrates the internal structure of these organizations, as well as the specifics and procedures for conducting forensic examinations within them. It examines in detail the formation of the corps of local clerks and doctors responsible for conducting examinations, as well as the specifics of their work in the 16th and 17th centuries. The author draws on extensive historical material and provides examples from the practice of these institutions in resolving disputes regarding the authenticity of signatures, conducting document examinations, as well as medical examinations and determining the circumstances of death. The main examinations conducted at that time included medical, toxicological, handwriting, and document examinations. It demonstrates how the expansion of document flow and the increasing complexity of legal proceedings increased the need for specialized knowledge, leading to reforms and the emergence of new institutions tasked with conducting forensic examinations. In conclusion, it is noted that it was the Aptekarsky Prikaz and Ivanovskaya Square that laid the foundations for forensic work in the Muscovite state, and their experience became the foundation for the further development of expert research in Russia in the 18th century and later.

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ISSN 2311-5998 (Print)
ISSN 2782-6163 (Online)