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Courier of Kutafin Moscow State Law University (MSAL))

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No 2 (2022)
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A WORD TO THE READERS

KUTAFIN UNIVERSITY CHRONICLE

EXPERT OPINION

27-40 1195
Abstract

From the stand point of global digitalization, the article substantiates the creation of a new private theory of forensic expertology — the theory of information and computer support of forensic expert activity. The author outlines the main stages of the genesis the processes of automation and informatization for forensic research. At the first stage, in the mid-60s, many works related to the use of cybernetics in the automation of certain types of forensic examinations appeared in the forensic literature. The second stage occurred at the end of the 80s — 90s of the XX century, when the integration of new information technologies, mainly of a technological nature, began to develop in five main directions, thanks to the development of computer technology. In the early 2000s, the third stage of informatization and computerization of forensic expertise began. The processes of digitalization in forensic activity gave a new impetus to the development of not only the areas of information and computer support, which continued to improve, but also the emergence of research in many kinds (types) forensic examinations of new objects expert research — digital footprints. The author states that there was no theoretical basis for their forensic expert research in forensic expertology. Therefore, a new private theory (teaching) of forensic expertology has been developed — the theory of digitalization for forensic expert activity. The subject of this theory and its objects, the place of the new theory in forensic expertology are described. It has been proved that the theory of digitalization for forensic activity, due to the increasingly global nature of digitalization, can be attributed to several private theories, the provisions of which equally apply both to the process of expert research as a whole and to expert research of certain types of expertise. The modern theory of digitalization of forensic activities includes two areas: a system of information and computer support for forensic activities and forensic research of digital footprints.

VECTOR OF LEGAL SCIENCE

41-48 392
Abstract

The article considers emoticons and other graphic elements used in internet communication as signs that change the semantic understanding of a text message as objects of forensic linguistic expertise. The author makes a conclusion about the polyfunctionality of pictograms that form the polycode character of the text through the increment of meaning, transformation of the emotional and content-semantic orientation of verbal elements, or masking the communicative intention of the author of the text, which should be taken into account when solving the tasks of forensic linguistic expertise in cases of insult, extremism, threats, etc.

49-57 236
Abstract

The need to study the activities of a specialist based on an integrated approach is dictated by several reasons. Among them, first, contradictions and ambiguity of normative regulation, problems arising in legal proceedings and other types of jurisdictional activities, in which a specialist can be attracted to participate, are manifested. It should be determined which science can effectively study the figure of a specialist and his activities. Several legal sciences can claim to include in the subject of their research the patterns of the formation of the legal and professional status of a specialist, the implementation of his functions by a specialist, including the study of the patterns of a specialist’s implementation of certain types of activities, their results, and the possibilities of their use in jurisdictional activities. However, not everyone is able to provide an integrated approach. It is proposed to distinguish in forensic expertology as a science on the use of special knowledge the doctrine (private theory) about the activities of a specialist, the subject of studying which is to identify the patterns highlighted above.

58-66 366
Abstract

The article considers the identification of a person by the signs of his external appearance in the aspect of the possibility of using biometrics methods. Attention is drawn to the formation of methods of the biometrics system based on the classification of anthropometric parameters of a person’s face. Retrospectively, the development of methods for classifying human facial features is traced, based on the needs of searching for and distinguishing a person among many other persons. The results of such differentiation are evaluated from the point of view of identifying a specific individual. The thesis is substantiated that it is impossible to replace forensic portrait identification with biometric and neural network search, which is carried out based on human images formed in a variety of conditions. Attention is drawn to the fact that the results of an automated search for a specific person among many other people are carried out in order to recognize him in this environment. Forensic portrait examination allows you to establish an individual-specific identity of a person according to the most diverse representations of a person.

67-76 317
Abstract

Within the school of forensic expertology, in the context of modern challenges of digitalization, the current problems of forensic and expert identification are considered to establish the author of a controversial speech work posted on the Internet, an information and media language personality. Based on the analysis of the main stages of the process of expert identification of the author of the text, the need for their correction and addition is revealed in connection with significant changes in the linguistic personality manifests itself mainly in a virtual environment. The necessity of developing a classifier of the author’s idiolect features with an indication of their identification significance, as well as the use of quantitative statistical methods for analyzing speech works using computer technology, is substantiated.

77-81 263
Abstract

The article touches upon the problem of using special knowledge in the analysis of native texts, which is topical for modern expert practice. Sings of native advertising, the expert approaches to solving individual problems and identifies gaps in the legal regulation of the blogosphere are presented, and which results in a growing number of high-profile cases related to inaccurate and unfair advertising on blogs.

82-90 439
Abstract

The article deals with the impact of innovative technologies on the production of forensic examinations. The promising innovative directions of forensic activity are shown, among which the author highlights 3D technologies, nanotechnologies, and the use of artificial neural networks. The qualitative change of forensic activities under the influence of innovations, the expansion of the possibilities of forensic examinations by solving expert problems previously considered unresolved are emphasized.

91-97 365
Abstract

Digitalization of forensic science is primarily associated with ensuring the reliability of digital information as evidence. And here it is important to pay attention to the creation of regulatory rules for using methods of obtaining, research and use of electronic evidential information and its inviolability throughout court proceedings.

98-105 343
Abstract

This article discusses the theoretical and methodological aspects of forensic investigation of cold weapons of shock-crushing action, namely: the place of forensic examination of cold weapons of shock-crushing action in the modern classification of forensic examination (In forensic expert science); some problematic aspects of the methodology of the study of cold shock-crushing weapons; typical mistakes made by experts in the study of cold weapons of shock-crushing weapons.

106-115 218
Abstract

In accordance with the provisions of the legislation on the contract system, the examination of the results of the public contracts execution is mandatory, but the procedure for its implementation is not detailed and contains only individual provisions. Given the proximity of the tasks being solved to a whole group of genera and types of forensic examinations, it seems appropriate to apply the provisions of forensic expert science and several legislative norms regulating forensic expert activity.

116-123 270
Abstract

The forensic tax examination of calculations with the budget for value added tax is the most important evidence in the case, with its help it is possible to identify violations from the requirements of tax legislation allowed by taxpayers in determining the elements of taxation. Within the framework of the existing legal regulation, one of the elements of the mechanism of protection against tax crimes in connection with the encroachments on the financial interests of the country is a forensic tax examination of calculations with the budget for value added tax, the production of which is aimed at ensuring an objective and comprehensive investigation of crimes in criminal proceedings.

124-132 465
Abstract

The article deals with some problems of the forensic linguistic examination in cases of drug propaganda, we analyze platform YouTube as an example. Problems with the traffic of narcotics link with the propaganda of narcotic, it has a certain influence on these figures, both among adults and among minors. The article highlights the problem of defining the concept of «propaganda», examines the discrepancy between the legislative formulation of the concept of «propaganda of narcotic drugs» and the concept of «propaganda» in the linguistic sense.

TRIBUNE FOR YOUNG SCIENTIST

133-142 254
Abstract

The article is devoted to the application of standards in the field of regulation of forensic activities of private forensic organizations. Standardization is voluntary and is designed for forensic laboratories, i.e. for organizations, which directly engage in testing, calibration and sampling. However, the legislation of the Russian Federation does not provide the obligation to perform these actions in a forensic organization. So, the article shows the difference between the terms «forensic organization» and «forensic laboratory» and gives their definitions. Concludes that several requirements for forensic organizations should be incorporate into the law. The author formulates requirements for a mandatory package of documents that should regulate the activities of forensic organizations. The package of documents should include the charter of the organization, instructions for organizing the process of forensic examinations, information security policy.

143-149 600
Abstract

The article considers the problem of assessment and use of the results of forensic financial and economic examination of transactions with digital assets, including those created using blockchain technology. The problems of assessing the competence of the forensic expert, as well as the peculiarities of assessing the expert opinion of the forensic financial and economic examination of transactions with digital assets created using blockchain technology were determined. The issue of suitability of objects used by the forensic expert in the course of these examinations is considered.

150-156 204
Abstract

The article considers some aspects of the activities of the head of an expert institution from the standpoint of expert ethics. The analysis of ethical conflicts that he may face, including when interacting with employees of a forensic institution, is carried out. The author emphasizes the need for detailed regulation of ethical requirements for the head of an expert institution.

157-160 277
Abstract

The article is devoted to the analysis some features of legal regulation of digitalization of forensic science. Some aspects of development of professional standards were also considered. The author examines in detail the main purposes of accreditation of testing and calibration laboratories. From a practical point of view, the shortcomings of some approaches to the legal regulation of digital traces research in forensic science.

161-169 287
Abstract

Issues related to the difference between forensic appraisal examination and examination of appraisal reports are undoubtedly important for determining the procedural status of a person with special knowledge attracted by the court in the status of a forensic expert. The article analyzes the provisions of the procedural legislation of the Russian Federation within the framework of the status of an expert and a specialist involved in giving an opinion and answering questions about the compliance of the assessment report with the legislation on valuation activities in the Russian Federation and the Federal Valuation Standards.

The author discusses the issues of the possibility of using the assessment report as the object of the study of the forensic appraisal examination. Attention is paid to the legislative framework for cases of challenging the cadastral value, the current problems in this area are investigated. Based on the results of the study, the author’s position was formed regarding the assessment report as the object of the forensic assessment study. The procedural status of the person involved in answering the question about the compliance of the assessment report with the legislation on valuation activities in the Russian Federation and the Federal Valuation Standards has been determined. In conclusion, amendments to the legislation are proposed to eliminate the investigated problems.

DIGEST OF THE FACULTY ACTIVITIES

OFFICE BOOKSHELF

LAW IN HISTORICAL INTERPRETATION

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