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Courier of Kutafin Moscow State Law University (MSAL))

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No 3 (2024)
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A WORD TO THE READERS

KUTAFIN UNIVERSITY CHRONICLE

EXPERT OPINION

21-33 406
Abstract

The article, from the perspective of the theory the forensic activity digitalization as a particular theory of forensic expertise, examines the prospects for the introduction of neural networks in forensic examination and the current problems arising in this case. The author notes changes in the methodology and technologies for developing expert techniques in connection with the introduction of artificial intelligence algorithms — neural networks. The areas neural networks’ application for solving various problems of science and practical activity are outlined. Specific examples demonstrate the possibilities of using supervised learning algorithms for neural networks in forensic practice. A detailed analysis of the reasons why the use of neural networks in forensic science can lead to erroneous conclusions is given. Particular attention is paid to hallucinations of deep learning neural networks on large language models. There is a danger that an expert, relying entirely on a neural network, may give the wrong conclusion, since self-learning generative neural networks do not provide an explanation for why they made a particular decision. To develop expert methods for solving typical expert problems based on neural networks, it is proposed to create databases (Dataset) for various forensic objects for analysis and machine learning. To store the Dataset, it is necessary to organize repositories that can contain data sets on types (kinds) of forensic examinations. Dataset and repositories will provide data quality control and model verification. The article substantiates the need for new competencies of a Data Scientist — a specialist who develops tools for solving forensic problems when introducing neural networks and other artificial intelligence algorithms into forensic science, as well as a machine learning engineer working in contact with him.

VECTOR OF LEGAL SCIENCE. Theory and Practice of Forensic Examination in Modern Conditions

34-44 139
Abstract

The formation of the modern appearance of the field of forensic examination is the definition of its external outlines and boundaries, technological potential, a set of features that characterize the main vector of special knowledge, the priorities of internal methodological structures and the content of professional competencies. This has always been due to the desire to find an optimal balance between the needs of the law enforcement officer and the capabilities of the subjects of applying special knowledge. Scientific and practical conferences and forums have always been of great importance in these processes. The international project “East-West: Partnership in Forensic Science” is one of the clearest examples of this. As a result of the study of the final materials of this project over twenty years the author examines the genesis of a new class of humanitarian forensic examinations, which was a response to modern challenges in the Russian Federation. The tasks of forensic expert support for the protection of spiritual and moral values, national culture and historical memory are formulated. Along with the already established comprehensive psychological and linguistic examination, a whole interdisciplinary complex of additional forensic studies of information materials is identified as priority forensic areas. These are political science, ethics and religious studies forensic examinations. The professional sovereignty of the Russian Federation and friendly foreign states in the field of forensic activities is essential for the implementation of strategic national priorities, namely state, public and information security.

45-51 143
Abstract

The article deals with the problem of the correlation of the concepts of human identification and identification by the signs of his appearance. Attention is drawn to the fact that these concepts are not identical. By identification analyzes only the signs of a person’s appearance that have a biological nature. When establishing an identity, a comprehensive analysis of such human properties as social, psychological, mental, biological, which together give an idea of a person’s personality, takes place. Attention is drawn to the fact that these properties are studied by various specialists, based on whose research the complex task of establishing a person’s identity is solved.

52-63 186
Abstract

Despite the existing legal definition, the concept of artificial intelligence, which has penetrated various spheres of human life, requires a more precise definition. However, in most cases, artificial intelligence is opposed to human intelligence, the so-called natural intelligence, which looks natural, but it is difficult to recognize as true. The article substantiates that the ways of understanding human intelligence and artificial intelligence (or machine intelligence) they are completely different because their nature is different. Based on the analysis of various approaches of scientists, both lawyers and engineers, as well as legislators to the definition of artificial intelligence, the author concludes that the most appropriate really understanding of artificial intelligence as a field of scientific knowledge of a complex nature. The author makes a conclusion about the ways of further application of artificial intelligence technologies in forensic activities, considering the spread of artificial intelligence technologies. The result of the study is the formulation of the definition of artificial intelligence technology.

64-76 247
Abstract

The author examines current issues of the appointment and production of judicial financial and economic examinations in bankruptcy cases. The article provides statistics on the consideration of bankruptcy cases in the Russian Federation, considers data on the initiation of criminal cases, appeals to the court to declare the debtor bankrupt, as well as other cases (challenging transactions in bankruptcy, bringing persons controlling the debtor to subsidiary liability). The conceptual apparatus of the judicial financial and economic examination in bankruptcy cases is considered, the goals are defined, the concepts of the task of the judicial financial and economic examination in bankruptcy cases are revealed, a list of questions is developed and justified for each specific task. The general tasks of forensic economic examinations are defined, as well as typical tasks related to financial and economic examination in bankruptcy cases. A list of questions for the following expert tasks has been developed and justified: study of the financial condition of the organization, study of the solvency and financial stability of the organization and the impact of individual operations on it, study of the organization and the impact of individual operations on it, identifying the presence (absence) of signs of deliberate and fictitious bankruptcy, identifying the presence (absence of) signs of deliberate and fictitious bankruptcy of the organization. The article discusses issues of competence of an expert in bankruptcy cases, distinguishes between issues of forensic accounting and financial and economic examination in bankruptcy cases. Recommendations for formulating questions before an expert economist in bankruptcy cases have been systematized. Typical errors in formulating questions to an expert are considered, and the inadmissibility of raising legal questions to an expert, as well as questions related to the assessment of the actions of officials, is noted.

77-84 156
Abstract

In the conditions of modern challenges of digitalization, the problems of using stylometry for the successful solution of the tasks of forensic authorship expertise of speech works posted on the Internet are considered. Based on a comparative analysis of existing techniques and new developments in the field of automation of determining the personal parameters of an anonymous author, his idiolect and stylometric identification, it is proposed to replace the uncertain, taking into account the features of new objects. The solution to the problems is seen not in the full automation of the expert examination, but in the creation of an integrative methodology of forensic authorship examination, combining qualitative and quantitative methods of identifying diagnostically and identifiably significant signs.

85-89 126
Abstract

The article presents selected results of a social media study, which were conducted by the Media Security Laboratory of the Forensic Expertise Dept. Cases of masking destructive meanings and consumer disorientation in content using the disclaimer genre are described. It was concluded that the use of a media analytics tool is effective for the purposes of expert forecasting and legal education.

90-98 143
Abstract

A digital portrait of a person is not only an image created with the help of digital technologies, but also a multifaceted object of complex research. In the modern world, more and more attention is paid to the study of various aspects of digital images, including such areas as psychology, sociology, art history and even medicine. From the point of view of psychology, a digital portrait can tell about a person’s inner world, his emotions and experiences. Sociology considers the digital portrait as a reflection of social processes and changes taking place in society. Art historians study the influence of digital technologies on the development of art and culture, as well as the role of digital portraits in shaping the aesthetic preferences of a modern person. Specialists in the field of medicine conduct research aimed at developing methods for the prevention and treatment of diseases. In general, a digital portrait is a unique object for study and can serve as a starting point for research in various fields of science. It is important to understand that a digital portrait is not just an image, but a complex set of data that can tell a lot of interesting things about a person. However, in addition to these aspects, the digital portrait is also a great interest for forensic portrait examination.

99-108 154
Abstract

The article is devoted to the relationship between investigative, judicial and expert errors. The relationship between errors of experts and law enforcement officers, the classification of the causes of expert, judicial and investigative errors are considered, and ways to prevent them are outlined. The importance of coordination and interaction between law enforcement officials and experts when ordering forensic examinations, formulating questions for an expert, and selecting samples is emphasized.

VECTOR OF LEGAL SCIENCE. Innovations in Forensic Examinations (

109-120 169
Abstract

The author examines current issues of formulating conclusions of forensic handwriting examination in probable form and subsequent evaluation of such conclusions. The empirical material for the preparation of the article was the experience of practical activity of the author and materials of judicial practice, examples of which are discussed in the text. The main factors influencing the degree of categorical conclusions and ways to eliminate them by conducting additional research are considered. The article also contains a critical analysis of the practice of conducting forensic and pre-trial research in conditions that affect the degree of categorical conclusions of the expert. Practical recommendations are given on how to draw up a conclusion and how to formulate explanations to supplement the expert’s conclusions.

121-128 184
Abstract

The article considers digital footprints as objects of various kinds (types) of forensic examinations. Based on the analysis, the author reasonably concludes that the specificity of digital traces necessitates the development of basic knowledge by experts in the field of working with electronic and digital media.
The thesis is substantiated that today virtually every expert should possess the knowledge, skills and abilities to work with electronic and digital media, since otherwise it is not possible to ensure the safety and immutability of the object submitted for examination.
According to the results of the study, the author comes to the conclusion that the realities of modern investigative and judicial practice determine the need for experts of various kinds (types) to acquire competence to work with electronic and digital media, the implementation of which is possible both within the framework of mastering the Federal State Educational Standard for Higher Education in the specialty “Forensic Examination”, and by improving the skills of existing experts within the framework of additional professional training education.

129-136 167
Abstract

The article raises the question of the criteria of admissibility of the use of certain methods in forensic linguistic examination. Despite the methodology of forensic linguistic examination that has been worked out over the years, some specialists prefer to use extremely controversial methods, for example, such as the method of associative experiment and phonosemantic analysis. These methods do not meet the criteria required by forensic expertology, which leads to the expert exceeding the limits of his/her competence, as well as to serious expert mistakes.

137-143 117
Abstract

The author examines current issues of payment for forensic examinations in civil proceedings. The author identifies the problem associated with the imperfection of legal regulation of this area is identified. The article highlights the provisions of the Constitutional Court Resolution No. 43-P dated July 20, 2023 in the case of verifying the constitutionality of the provisions of the Civil Procedure Code of the Russian Federation related to the payment of forensic examinations. The article also analyzes the emerging practice of applying this Resolution.

SCIENTIFIC RESEARCH

144-154 125
Abstract

Gender specificity and the special social status of women determine a slightly different approach to the implementation of criminal liability than other categories of persons. In this context, we are talking about differentiation and individualization of the criminal liability of women. Through an analysis of the main features of criminal liability, tools that are important for implementing a differentiated approach and individualizing criminal liability are identified, in particular criminal punishment and other measures of a criminal legal nature. It has been established that the criterion for differentiation is the gender aspect, which is reflected in the amount and types of punishments and other criminal legal measures applied to women. In turn, the criterion for individualization is taking into account the characteristics, specific needs, and problems of individual categories of women. In this regard, female criminals are divided into separate subcategories depending on a number of criteria, which are: age, health, ability to work, reproductive function, etc. In a particular study, the emphasis is on taking into account the reproductive function of a woman. The final part of the work presents a number of recommendations for improving criminal legislation in the field of implementing a differentiated approach to the implementation of criminal liability for women.

155-163 177
Abstract

In this article, the problem of studying cylinder pin mechanisms for a lock of the “Mul-T-Lock” type, unlocked using the self-compression method, is considered. The specified method (method) is the most difficult to diagnose of the methods of criminal unlocking of this group of locks. As a result of the conducted research with the specified group of locks, the possibility of unlocking them using this method was practically confirmed

TRIBUNE FOR YOUNG SCIENTIST

164-169 166
Abstract

In the article, in line with the school of forensic expertise and considering the process of digitalization, a theoretical justification of forensic forecasting of the formation and development of new genera and species of examinations is carried out. The practical significance of this direction is revealed. Attention is drawn to the low level of development of a private theory of forensic forecasting. A connection was made between the subject of the general theory of forensic expertology and the subject of forensic forecasting. It is noted that for the purposes of forecasting, it is necessary to focus not on abstract perspective knowledge, but on objects, processes and phenomena directly related to the implementation of forensic activities and reflecting its specifics. The inclusion of phenomena included in the subject of research of other sciences in the number of objects of expert forecasting is critically assessed on a specific example. A forensic prediction definition is proposed.

170-175 135
Abstract

The emergence of digital traces as potentially new and complex objects in forensic expert science has led to the natural appearance of several errors made by experts in their research. The monitoring and analysis of judicial and expert practice made it possible to formulate the most obvious subjective and objective errors of judicial experts dictated by a number of both external and internal factors. The essence of each of the errors, the content, theoretical and practical significance of their identification and elimination for expert practice and forensic expert science in general are described.

176-182 186
Abstract

The article presents an analysis of the procedures for arresting cryptocurrencies in various national legal systems, emphasizing the relevance of this topic in light of the rapid development of the digital economy and the increase in crimes related to cryptocurrencies. It draws attention to the absence of a unified international approach to regulating and controlling cryptocurrency assets, which creates challenges for law enforcement agencies in combating crime and money laundering. By analyzing the legislation of different countries, various approaches to defining the status of cryptocurrencies, mechanisms of their arrest, and their use as evidence in criminal proceedings have been identified. Special attention is given to the comparative analysis of the procedural aspects of cryptocurrency arrest, which allows for the identification of best practices and the development of recommendations for improving criminal procedural legislation. Solutions to the practical problems of jurisdiction and technical aspects of executing arrest decisions are proposed, emphasizing the importance of international cooperation in this field.

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