No 6 (2020)
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KUTAFIN UNIVERSITY CHRONICLE
EXPERT OPINION
23-32 745
Abstract
The article discusses the modern problems of digitalization criminalistic registration system. The author notes that the use of information and computer technologies in order to systematize and store relevant and potential criminalistic information, which together constitute a forensic registration system that began in the 80s of the twentieth century, is actively ongoing. Along with databases and AIPS, forensic records and reference information funds (CIF) for many objects are still in the form objects in kind. From the point of view to the theory of information and computer support of criminalistic activity and the doctrine of criminalistic registration, it is formulated that the subject of the doctrine of digitalization of the criminalistic registration system are the laws of formalization, structuring, unifi cation and algorithmizing the actual and potential forensic information, on the basis of which technologies are being developed for transferring forms of storing this information to digital databases criminalistic and forensic assignment. The objects of this doctrine are criminalistic records and reference and information funds (CIF) in the process of their digitalization. The advantages of CIFs in the form of digital databases are demonstrated. Based on the doctrine of the digitalization of the criminalistic registration system, the author analyzes the possibility of digitalization of legitimate natural collections. It is proved that digital bases for ensuring the evidence-based signifi cance of the results of their use should have regulatory fi xation in technical regulations, as well as expert research methods. The connection between the digitalization of criminalistic and forensic expert activity, where the connecting links are digital traces and CIF, is indicated.
33-43 585
Abstract
The article is devoted to the conceptual problems of using special knowledge of speech-language expertise to ensure information (worldview) security in the Russian Federation. The article considers speech actions in Internet media that infringe on information (worldview) security, aimed at eroding traditional Russian spiritual and moral values by promoting permissiveness and violence, racial, national and religious intolerance. Specifi c features of computer-mediated communication are described. It is concluded that the essential property that determines any speech actions that pose a threat to worldview security is the content-semantic orientation (communicative goal) of the text to compel Internet users to accept the imposed views and ideals through propaganda techniques, hidden persuasion, speech manipulation and language violence.
VECTOR OF LEGAL SCIENCE
PROHIBITION, OBLIGATION OR RIGHT FOR A FORENSIC EXPERT TO INDEPENDENTLY COLLECT OBJECTS FOR RESEARCH
44-52 369
Abstract
Legislatively regulated prohibition for an expert to collect independently objects for research is enshrined in several procedural codes of countries the members of the Eurasian Economic Union. However, in practice, there are situations when an expert discovers objects (micro-objects) at an object submitted for expert research. The question is whether the expert must or should be able to fi x and collect the detected objects, notify the person or body that appointed the examination, or the prohibition continues to apply in this case. The answer to the question lies in the plane of expert’s recognition as the subject of proof or denial of such a possibility. The discussion that has unfolded among scientists has not yet been completed; the legislator has also not made a fi nal decision, prompting researchers to fi nd the best way. The analysis of the main points of view on this issue led to the conclusion that it is necessary to establish the obligation of the expert to notify the person (body) that appointed the examination about the detection of objects, to ensure their fi xation and to collect them in cases where this action is a part of an expert examination.
53-61 512
Abstract
In 2020, the 100th anniversary of the birth of the candidate of legal sciences Alexander Alexandrovich Gusev (November 5, 2020) and the 90th birthday of the Doctor of Legal Sciences, Professor Viktor Alekseevich Snetkov (April 12, 2020), will be celebrated. In the 50s of the 20th century, these two scientists prepared monographic works and defended dissertations, which laid the theoretical and methodological foundations of forensic portrait examination. Subsequent Publications A. A. Gusev and V. A. Snetkova was devoted to the further development of this scientifi c and practical doctrine, which made it possible to form a modern system of knowledge about expert identifi cation based on the appearance of a person displayed on various media portrait information.
PROBLEMS OF FORENSIC PHONOSCOPIC EXAMINATION IN THE LIGHT OF THE DEVELOPMENT OF DIGITAL TECHNOLOGIES
62-71 847
Abstract
The article deals with some problems related to the production of forensic speech and audio analysis, taking into account global digitalization of all spheres of human life. Voicechanger, technology of voice synthesis signifi cantly complicate forensic phonoscopic examinations and put before the forensic experts a new, interesting challenges. We consider the algorithm for changing the voice using modern software, as well as features of voice synthesis technologies. Some variants of studying such phonograms are proposed.
72-78 456
Abstract
The article deals with the history of forensic examinations, their occurrence and development. The process of the origin of various genera and types of examinations from the end of the nineteenth century to the beginning of the twenty-fi rst century is traced. Using the example of environmental, art history, gemological and molecular genetic expertise, we examine the history of appeals to knowledgeable individuals for the purpose of administering justice, and also examine the sources that regulate forensic examinations of various genera and species both in Russia and abroad.Examples of appeals of investigators and judges to famous scientists to produce examinations of various genera and species are given.
79-88 732
Abstract
The article is devoted to the system of objects of forensic linguistic examination at the present stage of its development. The relevance of the study is tied with the activation of criminogenic Internet communication, which implements defamatory, extremist and other aggressive speech acts that create threats to the information and worldview security of Web users. The essence of the object of forensic linguistic examination is considered from the following points of view: the theory of confl ict, the criminalistic understanding of the object of forensic examination as a complex three-link dynamic system, the concept of speech traces, the language form of the speech products, the material storage mediums, etc. Defi nitions of the diagnosed and diagnosing objects of the forensic linguistic examination are proposed. The article focuses on creolized and multicode texts, their multimodal perception. The correlation of speech traces of criminogenic Internet communication and digital traces is considered.
89-100 463
Abstract
Digital space and Informatization penetrate various layers of social life. Experts use a wide range of information in their professional activities, but many expert methods are still based on a sensory-rational methodological basis. In the fi eld of legal proceedings, information is considered in a broad aspect, it acts as an object of encroachment, a means of committing off enses, information about the incident and suspected persons. For the expert, the main sources of information are data (information) obtained in accordance with the established regulations. By analogy with the procedural regulations, when presenting material evidence, the investigator sends the expert a material carrier with information that must fi rst be extracted from the carrier itself, and then conduct a study and analysis to determine the potential for solving expert problems. To some extent, the procedural rules can ensure the reliability of the material carrier, but it is diffi cult to guarantee that the information contained on it was not subjected to deliberate or accidental distortion. The article proposes to consider separate organizational approaches to improving methodological recommendations for working with electronic portrait images and focuses on legal and technological support for the reliability of information presented in digital form. It is no exaggeration to say that the challenges associated with the spread of computer technologies give a new dimension to the development of forensic science. Today, a space of fundamentally new opportunities opens, the use of which will largely allow us to reformat research methods.
101-110 605
Abstract
This article discusses the types of special knowledge used in the investigation of crimes related to illegal credit, malicious evasion of repayment of accounts payable, illegal banking activities. The author defi nes the place of judicial fi nancial and credit expertise in the General classifi cation of judicial examinations, off ers a unifi ed classifi cation of judicial fi nancial and credit examinations, and considers typical and special objects of research of judicial fi nancial and credit examinations. The requirements for research in the fi eld of credit are systematized. The analysis of judicial practice is carried out.
111-119 461
Abstract
Within the school of forensic expertology, in the context of modern challenges of digitalization, the current problems of forensic and expert diagnostics are considered to establish the conceptual characteristics of the author of a speech product posted on the Internet, which has become a criminal environment. Based on the analysis of a number of provisions of traditional methods of author’s research of written speech (determining gender, age, profession, level of education, level of speech culture, native language of the author of an anonymous text), their inapplicability is revealed in the expert diagnosis of a modern language personality, which manifests itself mainly in a virtual environment. The author substantiates the need to develop a modern methodology for determining the conceptual characteristics of an anonymous author of a speech product within the competence of a speech expert based on the analysis of the corpus of modern web communication texts.
120-124 325
Abstract
The article discusses issues related to the implementation of an integrated ap-proach to the training of future experts. The author spoke about the Idiom’s inner form and about the problems of her understanding. As an illustration, a fragment of educational work with phraseological units is presented. The article outlines the diff erences between the inner form and the denotative meaning of a language unit.
TRIBUNE FOR YOUNG SCIENTIST
125-132 362
Abstract
The article deals with some questions of legal regulation of expert ethics issues, their consolidation in the code of forensic ethics. The comparative analysis of forensic expert ethics codes of foreign countries and some Russian expert organizations is carried out. The issue of creating a unifi ed code of forensic ethics in the Russian Federation was raised.
133-140 898
Abstract
The article is devoted to the analysis some features of the creation and using da-tabases in forensic science. Some aspects of forensic examination of databases were also considered. The author examines in detail the main purposes of using of databases in forensic science. From a practical point of view, the shortcomings of some approaches to the using of databases in forensic science, and ways to address them are indicated.
141-148 557
Abstract
The possibility of refi ning and unifying the algorithm of preliminary examination of copies of documents to establish their suitability/unsuitability for further research is considered. Examples of the possibility of establishing the fact of signs of editing in copies of documents presence are given. Empowerment the fi eld of handwriting examiners training through introducing special knowledge from the fi elds of questioned documents examination and computer forensic into the training program is proposed. The stages of the proposed algorithm are analyzed sequentially. The author’s algorithm for preliminary examination of copies of documents containing handwritten requisites images is given. Arguments in favor of the practical possibility of producing handwriting examination of copies of handwritten requisites are given. The correlation of examination of copies and originals of handwritten requisites have been undertaken. Illustrations demonstrating the dependence of the ability to evaluate some features on the resolution of the image of a handwritten object are presented.
BOOKSHELF OF THE DEPARTMENT
DIGEST OF THE FACULTY ACTIVITIES
LAW IN HISTORICAL REFRACTION. Legal heritage
ИЗ ПЕРИОДИКИ ПРОШЛОГО
POST SCRIPTUM
ISSN 2311-5998 (Print)
ISSN 2782-6163 (Online)
ISSN 2782-6163 (Online)