The sources of forensic recommendations for collection, examinationand use of evidence in criminal proceedings.
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Дата
2020
Автори
Назва журналу
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Видавець
Вісник Луганського державного університету внутрішніх справ імені Е.О. Дідоренка
Анотація
Kovalenko, A. V. (2020). The sources of forensic recommendations for collection, examinationand use of evidence in criminal proceedings / A. V. Kovalenko // Вісник Луганського державного університету внутрішніх справ імені Е. О. Дідоренка, 4 (92). - С. 166-176.
Опис
The article is devoted to the definition of the main sources of the formation of forensic recommendations regarding the collection, research and use of evidence in criminal proceedings. The overall effectiveness of evidentiary activities at the stages of pre-trial investigation and trial requires the professionalism of authorized persons, their high moral level and personal motivation. The specific skills of law enforcers begin to be formed during their higher legal education and are improved during practical activities through self-study and accumulation of empirical experience. Therefore, it is very important that the practitioner at each stage of the formation of his professional consciousness has access to modern, well-founded, practically oriented recommendations on evidence in criminal proceedings developed by scientists. The relevance, sufficiency, practical orientation and methodical literacy of the mentioned recommendations should be ensured by the use of relevant scientifically based sources for their formation. The sources of the formation of forensic recommendations regarding the collection, use and research of evidence in criminal proceedings are: the most relevant provisions of forensic science, which includes the forensic science of the collection, research and use of evidence in criminal proceedings; the norms of the legislation of Ukraine on criminal responsibility and provisions of the science of criminal law, which determine the general rules of qualification, the minimum necessary list of signs of criminal offenses; norms of the criminal procedural legislation of Ukraine and the achievements of the science of criminal procedure, which establish procedural requirements regarding the evidentiary activity of authorized persons in criminal proceedings; legal positions formulated by the European Court of Human Rights, which affect both the procedural requirements for proof in general and specific tactical and methodical recommendations for proof; the practice of disclosure and investigation of criminal offenses; scientific provisions of other (non-legal) sciences, which are integrated by criminology and implemented in law enforcement practice.