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Courier of Kutafin Moscow State Law University (MSAL))

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No 7 (2018)
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EXPERT OPINION

15-24 762
Abstract
In the article, based on the provisions of forensic expertology and, in particular, its section on the legal provision of forensic expert activity, some problems of the legal status of the forensic expert are examined. Despite the fact that judicial experts in civil, criminal and administrative proceedings are the same persons, because the kind (kind) of forensic expertise, methodology and technology of expert research do not depend on the type of process, the procedural status of the forensic expert varies significantly. Contradictions in the legal status of the forensic expert are present between procedural legislation and other federal laws and by-laws, which often adversely affects the effectiveness of forensic expert activity. The article provides an analysis of these contradictions, and outlines ways to eliminate them. It is concluded that it is necessary to unify the procedural rules regulating procedural status as part of the legal status of the forensic expert and the correlation of these norms with other legislative and bylaws regulating the legal status of the forensic expert.
25-41 696
Abstract
The article deals with a number of acute issues of methodological and information support of the examination of extremist materials. Some linguistic methods relevant to define diagnostic characteristics of verbal extremism are analyzed. The necessity of using the unified criteria of semantic research of texts of extremist orientation in the framework of forensic linguistic expertise is substantiated. On the basis of the carried-out analysis the author suggests the unnecessity of obligatory appointment and carrying out complex psychological and linguistic examination in the cases connected with extremism.

VECTOR OF LEGAL SCIENCE

42-52 361
Abstract
The peculiarities of the «cybergrooming» and «online sexting» are highlighted on the examples of the investigative practice of Russia. The necessity of using specialized knowledge of linguistics in the study of electronic correspondence during the investigation of sexual crimes against minors has been substantiated. Based on studies of 30 indictments and decisions to refer a criminal case to the court for the imposition of coercive measures of a medical nature and application of sentencing taking into account the views of N.S. Betskaya the tasks of forensic linguistic examination of electronic correspondence of sexual orientation are formulated. It is concluded that in order to optimize the investigation to study such correspondence it is possible not to use special knowledge in case the criminal used other proven methods of committing depraved acts. In case this correspondence was the only way of committing a crime, then for its study it is necessary to use special knowledge in the form of ordering and performing of forensic examination.
53-60 639
Abstract
Judicial tax examination is the most important evidence in the case, with its help it is possible to identify violations from the requirements of tax legislation that taxpayers allow in determining the elements of taxation. When appointing and conducting an examination of tax issues regarding the correctness of the calculation and payment of value-added tax, there are theoretical and methodological contradictions, found both in the scientific literature and in practice. The consequence of such contradictions are numerous mistakes in the conduct of the type of examination under examination. Such a problem, as the lack of a clear regulation of the main theoretical provisions, which is inherent in the entire class of forensic economic examinations, is reflected in the forensic tax examination of settlements with the budget for the value-added tax.
61-67 225
Abstract
The article describes the details of modeling human appearance for the purposes of forensic identification. Examines the types of modeling such as: the mental image of a person; its description; creation of subjective and generalized portraits; reconstruction of the external appearance of a human skull. Attention is drawn to the use of modern technologies in the simulation of human appearance.
68-75 316
Abstract
The article deals with the issues of the validity of conclusions in probable form of forensic expert in forensic speech and audio analysis. Some aspects of evaluation of the expert opinion on the results of this examination were also considered. In the light of established practice, the law enforcement bodies should pay more attention to the conclusion of the expert in a probable form. Necessity of usage of expert's conclusions in probable form as the proof in the investigation of various crimes and offenses are also considered. Some examples of conclusions of expert in probable form in forensic speech and audio analysis are analyzed.
76-83 331
Abstract
The article examines the methodical and methodological problems of production of new genera and species of forensic examinations. Methodological problems are related to the principles of research, forms and methods of expert knowledge, methodical problems - with a set of techniques and methods of expert research. The author provides their list in a generalized view and suggests ways to address these problems. Particularly indicated in the article is an information exchange that promotes the development of new genera and species of forensic examinations, the main activities in this field over the past few years are given.
84-93 268
Abstract
The problem of competition of specialists in the field of research of objects of portrait and medico-criminalistic examinations is connected with the display on carriers of video-portrait information of certain elements of appearance, most of which belongs to the parts of the head, body and hands of a person. Unresolved issues remain the division of competence of experts in establishing the identity of photographs of unidentified corpses. It appears that the decision of the most urgent tasks of face identification can be found through the joint efforts of experts from different areas through the improvement of expert techniques, based on the study of the patterns of display of man on modern media.
94-102 534
Abstract
This article discusses the types of special knowledge used in the investigation of crimes related to intentional and fictitious bankruptcy. The author offers a unified classification of judicial economic expertise. Identified and justified the need to improve the skills and professionalism of law enforcement on the use of special knowledge. The importance of the use ofjudicial financial and analytical expertise in cases ofthis categoryis substantiated and a list of documents to be seized during the investigation is presented. The analysis ofjudicial practice is carried out.
103-110 427
Abstract
The problem of establishing limitations latent fingerprint is of great practical significance. The paper presents the basic operations are tasks that can be accomplished through the establishment of limitations education latent fingerprint. This article discusses the advantages and disadvantages of individual working methods with traces. Provides an assessment of the chemical, physical and morphological methods of determining the Statute of limitations. Presents the results of the author’s own research, which he conducted with the use of hydrophilic and hydrophobic powders. This article describes the various factors affecting the aging process latent fingerprint, presents recommendations for evaluating them in the course of practical work. It is noted that for practical work of experts of criminalists most available methods of assessing the morphological characteristics of the track and the methods of evaluation of interaction of trace substances with the means of detecting traces. Based on the results of the research it is proposed to establish a single manual, including all of the guidelines for determining the limitation latent fingerprint.
111-115 374
Abstract
The article deals with the issues related to the problems of setting up and conducting computer-technical expertise of complex information and computer systems. The description of the main features of the specified systems as object of judicial computer-technical examination is given. The set of system components, the studies of which are necessary for the examination, is determined. Recommendations for solving specific problems faced by an expert in the research of complex computer systems are developed
116-122 232
Abstract
The classification of locking and signaling devices is proposed. The criteria for assigning devices to the locking and signaling devices are proposed. The signs of the objects of the trasological researches of the locking and signaling devices are specified. The list of objects of the trasological researches of the locking and signaling devices is given.
123-132 270
Abstract
Within the competence approach to expert activities, the article considers the structure of the expert’s special knowledge in the field of forensic authorship examination as a popular kind in the class of speech examinations. The analysis of forensic expert practice and of new challenges of philological science involves the justification of requirements for the structure of the authorship expert’s special knowledge. Apart from fundamental general linguistic knowledge, an important place in this structure is given to the knowledge of functional stylistics and linguistic analysis, coupled with knowledge in the field of forensic speech studies and forensic expertology. Particular attention is given to the basic concept ofidiolect, to which, like to the concept of author, forensic speech studies attribute different content, adequate to the objectives of authorship examination. It is also proposed to include medialinguistics in the special knowledge, for the analysis of media texts. Such a complex of linguistic and legal special knowledge possessed by the authorship expert forms his or her objective competence, which makes it possible to avoid mistakes made in expert opinions by philologists lacking knowledge in forensic speech studies and forensic expertology.
133-141 229
Abstract
The paper deals with problems, actual for law enforcement practice, related to assessment of reliability and evidentiary for use words «prompt» and «long» in medicine advertising. Complex approach to advertising text analysis enabled us to reveal their formal and substantive features and to offer admissible solutions of these problems.
142-153 242
Abstract
The article is devoted to the developed classification of forensic engineering and technological expertise, according to the actual tasks posed to experts. The main directions of using the special industrial technology knowledge in the legal proceedings are considered. A basic classification of the types offorensic engineering and technological expertise is proposed based on the categories of objects under investigation and the tasks to be solved. The system of forensic engineering and technological expertise includes both studies of individual parameters and elements of industrial equipment, as well as examination of technological complexes in general.

ИЗ ЭКСПЕРТНОЙ ПРАКТИКИ

154-162 212
Abstract
Uniform interpretations of terms in criminology, forensic science and legal Sciences are undergoing significant changes in the era of globalization of social processes. Let’s focus only on some concepts related to the appearance of a person and her image. The problem is the lack of a common point of view on the image of a person, by which criminologists understand the material object, and lawyers - action. The conflict is that it is important for criminologists to establish an individual identity between a person imprinted on a material carrier of information at the time of Commission of the offense and a suspect whose images are presented for comparison, and for civilists - the paramount fact is the similarity of the image of the plaintiff on a material carrier of information with his personal image, which arises from a third-party observer in the perception of the similarity of his image. The duality of this situation prevents the claimant from asserting his or her interest when he or she believes that there is an illegal use of his or her personal image. It seems that the solution of urgent tasks of portrait identification can be found by joint efforts of specialists of different directions by means of improvement of the legislation in the field of protection of the rights and interests of citizens, taking into account the principles developed by forensic experts.

TRIBUNE FOR YOUNG SCIENTIST

162-168 404
Abstract
The article provides a comprehensive description of judicial financial and credit expertise as a type of judicial financial and economic expertise. On the basis of the already existing conceptual and terminological apparatus, the author's formulation of the subject, object and tasks of financial and credit expertise is proposed.
169-177 256
Abstract
This article discusses the types of special knowledge used in the investigation of crimes related to the illegal withdrawal of cash. The author formulates the concept of illegal withdrawal of cash. The necessity of training and professionalism of law enforcement officers on the use of special knowledge is revealed and substantiated. Substantiates the importance of the use of forensic financial and economic expertise in this category and see a list of the documents to be seized during the investigation. The analysis of judicial practice is carried out. The question concerning the use of cryptocurrency in criminal actions is considered and its relevance for the purposes of forensic examination is carried out.
178-186 283
Abstract
The article deals with the processes of origin, development and the contemporary state of professional ethics in forensic scientist activities. Urgency of the research is explained by the necessity to develop professional ethics with the purpose of upgrade examinations and experts' opinions, and knowledge of the ethics genesis makes it possible to analyze the peculiarities of ethical problems. The author reveals the features of the Russian research of expert ethics. These features can be summarized as follows. Firstly, the available scientific experience is dedicated, as a rule, only the ethics of the forensic scientists, and not all subjects of forensic scientist activities. Secondly, forensic ethics has never been explored in a comprehensive way, and has developed only within the framework of individual ethical issues. Thirdly, all of scientific ideas are presented in the articles that require generalization and systematization. In conclusion the author demonstrates stages of professional expert ethics genesis.
187-198 196
Abstract
The author proposes a modern division of the forensic linguistic expertise, within which forensic examination of religious extremist-terrorist materials is considered as a subspecies of the linguistic expertise of extremist materials. In the article the attempts to create separate subject linguistic sciences are analyzed and their inadequacy and the need to develop scientific and methodological support for the forensic examination of religious extremist-terrorist materials within the concept of forensic speech science as a private theory offorensic expertology are substantiated.
199-205 259
Abstract
The possibilities and relevance of the use of concepts as author's features of written speech are considered in this article, the methods for exploring concepts are listed. The main condition for the study of the concept in the framework of the forensic authorship research is noted, the ways of verbalization of the concept are listed. In the process of determining the place of the concept in the system of author’s features of written speech, an analysis of the specific signs inherent in the existing classes of features of the author's written speech is made and a new class of such features is proposed.
206-211 314
Abstract
This article discusses various approaches to the establishment of the author's sex in the forensic examination. Characteristic features of diagnostic research of the author on signs of written speech are analyzed. The necessity of further development in the field of research sex of the author of the speech product is revealed and substantiated. On the basis of the carried-out analysis the author substantiates the necessity of application of special authorship knowledge regarding establishment of sex of the author forthe purpose ofdisclosure andinvestigation ofcrimes.
212-221 270
Abstract
The possibility of expanding the number of features that are evaluated by an expert when deciding on the suitability of a copy of the handwritten requisite for the production of handwriting examination is considered. The examples of the benefits of such an extension from the point of view of expert practice are given as well as the examples illustrating significant differences in the quality of copies of handwritten details obtained in various ways and under different conditions (modified document surface geometry, lighting, file resolution, type of printing device, image fixing method, etc.). There are examples of the benefits of such an extension from the point of view of the trial given. A list of criteria is proposed, the characteristics of which should not only be assessed, but also described by an expert in the text of an expert report. The examples of some inaccuracies and logical contradictions in some expert conclusions drawn from copies of handwritten requisites are provided.

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