Reference:
Neretina, N.S..
From Hippocrates to Newton: the early period of
formation and development of expert knowledge
// Actual problems of Russian law.
2014. № 2.
P. 274-280.
DOI: 10.7256/1994-1471.2014.2.63862 URL: https://en.nbpublish.com/library_read_article.php?id=63862
Abstract:
The article concerns the history of formation of judicial expertise. The author follows the process
of formation of various types and kinds of expertise at the Ancient World and the Middle Ages. The author
studies examples of judicial medical, judicial psychiatric, judicial handwriting expertise, and judicial
technical expertise of documents, as well as the history of addressing specialists for judicial needs, and
the sources on expertise of various types and kinds till the early XVIII century both in Russia and abroad.
Special attention is paid to the evolution of judicial expertise due to development of scientific and technical
thought, the author discusses specific features of formation and development of toxicological and
physicometallurgical expertise, as well as the first methods used for them. Special attention is also paid
to the Oriental history of judicial expertise with the use of ancient Chinese sources, which are rather hard
to access otherwise.
Keywords:
history of judicial expertise, formation of judicial expertise, development of judicial expertise, knowing persons, judicial medical expertise, judicial psychiatric expertise, judicial handwriting expertise, judicial technical expertise of documents, judicial toxicology, physicometallurgical expertise.
Reference:
Rossinskaya, E.R., Galyashina, E.I..
On the issue of form and contents
of expert opinion for anti-corruption expertise
of normative legal acts and their drafts
// Actual problems of Russian law.
2013. № 10.
P. 1310-1315.
DOI: 10.7256/1994-1471.2013.10.63220 URL: https://en.nbpublish.com/library_read_article.php?id=63220
Abstract:
In this article the authors discuss nature of normative legal text, provide the definition of anticorruption
expertise of normative legal acts, define object, target, goals and aims of this expertise, as well
as forms and contents of expert opinion for anti-corruption expertise through the prism of general theory
of judicial expertise as a methodological basis for any expert activity. The authors analyze requirements
to competence of experts, structure of an opinion in general and contents of its main constituent parts:
introduction, research, synthesis, and conclusions. It is noted that the legislative provisions for typical corruptogenic
factors provides for two directions for anti-corruption expert evaluation. These directions are
uncovering and providing basis for typical corruptogenic factors as provided for in a general method. Based
upon the above-mentioned matters, the authors express their opinion on the means for solving legal, scientific,
methodological and organizational problems of anti-corruption expertise of normative legal acts and
legislative drafts.
Keywords:
corruption, corruptogenic factor, method, anti-corruption expertise, normative legal acts, draft of a normative legal act, normative legal text, legal expertise, legal linguistic expertise, expert opinion.
Reference:
Podvolotskiy, I.N..
Interaction between judicial experts
and participants of procedural activities,
when holding portrait expertise
// Actual problems of Russian law.
2013. № 10.
P. 1316-1321.
DOI: 10.7256/1994-1471.2013.10.63221 URL: https://en.nbpublish.com/library_read_article.php?id=63221
Abstract:
Efficiency of the judicial system of a state depends upon the coordination of the activities of all of
the participants of the process. The key element of the interaction may be recognized as the activities of the
party initiating a judicial expertise and of a judicial expert. The basis for their interaction is the presence of
the complex of special knowledge, allowing them to evaluate the results of each other’s work. The lack of due
understanding of the abilities of a specific expert to resolve the problems relevant for proving the case leads
to the need to take additional procedural actions, such as interrogation of an expert or assigning an additional
expertise. This, in turn, has a negative impact upon the length of the judicial procedures on the case. Solution
of this problem may be found in closer cooperation between the experts (specialists) and initiators of an
expertise, holding preliminary consultations during which one may clarify the goals of the parties, the type of
the expertise, competence of an expert, the list of objects for expertise, information related to assigning this
expertise, and the prospective use of its results.
Keywords:
portrait expertise, habitoscopy, special knowledge, forensic studies, interaction, expert opinion, consultation of a specialist, video image, type of expert, object, studies.
Reference:
Overchuk, D.S..
Development of judicial accounting expertise
in the USA and Canada at the turn
of XX century
// Actual problems of Russian law.
2013. № 8.
P. 1017-1023.
DOI: 10.7256/1994-1471.2013.8.63041 URL: https://en.nbpublish.com/library_read_article.php?id=63041
Abstract:
The article includes analysis of specific features of formation and development of the judicial accounting
expertise in the USA and in Canada at the turn of XX century. The author describes most valuable
precedents, which facilitated the development of judicial accounting expertise; he also provides examples of
successful work of judicial experts — accountants, thanks to whom many socially resonant crimes were solved.
Attention is brought to the growing value of educational programs on directions for the judicial accounting
expertise.
Keywords:
jurisprudence, expertise, judicial accounting expertise, judicial accounting expertise in Canada, the USA, uncovering financial contrivances, educational programs on judicial expertise, economic crime, theft of funds, association of certified experts, fictitious accounting.
Reference:
Zinin, A.M..
Specific features of regulation
and use of special knowledge
in crime exposure and crime investigation
// Actual problems of Russian law.
2013. № 6.
P. 749-751.
DOI: 10.7256/1994-1471.2013.6.62744 URL: https://en.nbpublish.com/library_read_article.php?id=62744
Abstract:
The article is devoted to the topical problems of procedural regulation of opinion of a specialist as
evidence. Due to the introduction of substantiation into the inquiry, the status of opinion of specialist based
upon the studies within the procedure of inquiry on reported crime becomes higher. The results of the study by
a specialist are in fact recognized as equal to the expert opinion.
Keywords:
jurisprudence, special knowledge, judicial expertise, forensic studies, special knowledge, judicial expertise, inquiry on crimes, specialist, operational and investigation activity, samples for the comparative study, opinion of a specialist, testimony of a specialist.
Reference:
Tokarev, M.A..
Forensic characteristics
of crimes related to unlawful procurement
of water biological resources
// Actual problems of Russian law.
2013. № 6.
P. 752-759.
DOI: 10.7256/1994-1471.2013.6.62745 URL: https://en.nbpublish.com/library_read_article.php?id=62745
Abstract:
The article is devoted to the studies of the forensic characteristics of types of crime. The results of the
study showed that an object of crime is one of the key issues for its forensic characteristics, and the model of crime should be based upon it. That is why, the article includes analysis of just some crimes of this type, which
are united by a common object, that is - by the water biological resources, such as certain types of trepang
(Apostichopus japonicu) and scallop (Mizuhopecten yessoensis, Swiftopecten swifti). The article uncovers the
correlations, dependencies and patterns in the elements of forensic characteristics of crimes, such as the object
of crime, the immediate object of crime, personality of a criminal, conditions, method of crime, the traces,
which form the structural elements of a crime.
Keywords:
jurisprudence, forensic studies, characteristic, procurement, biological resources, method, traces, conditions, personality.
Reference:
Artyushenko Dmitriy Viktorovich.
Some procedural aspects of classification of the judicial expertise
// Actual problems of Russian law.
2013. № 3.
P. 331-337.
DOI: 10.7256/1994-1471.2013.3.62471 URL: https://en.nbpublish.com/library_read_article.php?id=62471
Abstract:
The article Is devoted to the problems of procedural legal regulation of the main and additional,
primary and repeated, commission and complex expertise. The differences in the norms of the procedural (administrative,
arbitration, civil, criminal) legislation allow one to say that the unification of the legal regulation
of the institution of the judicial expertise is not finished in spite of its integrated nature. It is noted that the integrated
nature of the judicial expertise should not depend on the type of process, within which it takes place.
The author also evaluates the issue on the introduction into the procedural legislation of the provision on the
one-person complex expertise by a person, possessing the necessary specialized knowledge. The author offers
the specific formulae, which need to be introduced into the procedural laws, and the Art. 201 of the Criminal
Procedural Code of the Russian Federation in particular.
Keywords:
jurisprudence, classification, judicial expertise, main expertise, additional expertise, primary expertise, repeated expertise, commission expertise, complex expertise, complex study.
Reference:
Shurukhnov Vladimir Aleksandrovich.
Specific features of the oppositions of the organizers
and leaders of the criminal associations at the stage of their formation
// Actual problems of Russian law.
2013. № 3.
P. 338-343.
DOI: 10.7256/1994-1471.2013.3.62472 URL: https://en.nbpublish.com/library_read_article.php?id=62472
Abstract:
The article is devoted to the specific features of the opposition of organizers and leaders of the criminal
associations in the process of their formation. The author provides classification of the criminal associations
depending on the criminal status of their leaders, and the author also shows how they influence the
choice of means and methods of organization, structure and formation of activities of the criminal association
at the stage of its formation, as well as choice of means and methods for the opposition in the activities of the
criminal associations. In order to fight the organized criminal activities and their leaders efficiently the lawenforcement
bodies should have this knowledge and use this in their practice.
Keywords:
jurisprudence, organizer, leader, criminal associations, opposition, organization of the criminal association, types of criminal associations, means of opposition, criminal status, law-enforcement bodies.