O.V. Miklyaeva. Framework of Special Theory of Forensic Examination of Shot Traces and Circumstances

Abstract: The article covers the current problems of shaping the basics of the special theory of forensic examination of shot traces and circumstances. The author states that the results of forensic ballistic tests are often one of the most important source of evidence in investigation and judicial examination of cases concerned with firearms use. This circumstance determines the necessity of developing theoretical and methodological grounds for both forensic ballistic examination on the whole and its types: forensic examination of firearms and its cartridges and forensic examination of shot traces and circumstances. Ballistics is the source for shaping theoretical and methodological grounds of the types of forensic ballistic examination. The author states the importance of forensic ballistics and traces the development of ballistics from the Archimedes’s works to our days. It is emphasized that theoretical grounds and methods of shot traces study were developed simultaneously within the frameworks of forensic medical examination and criminal investigation technique, namely forensic ballistic examination. The main milestones of forensic examination general theory development are covered as they are reflected in the works of A.I. Winberg, A.P. Shlyakhov, N.T. Malakhova and the criticism of opponents S.P. Mitrichev, N.A. Selivanov, A.A. Eisman and Ye.R. Rossinskaya. The article is concluded with the characteristic of contemporary forensic examination general theory condition as an independent area of scientific knowledge, serving as foundation for shaping theoretical grounds for various kinds (types) of forensic examination within the framework of a single science. From this point of view, the relation between main concepts of the subject and the object of general and special theory is presented. It is underlined that the process of shaping the special theory of forensic ballistic examination was based on the basics of the theory of forensic identification, thus allowing the determination of the basics of the theory and its methodological grounds, while simultaneous creation of theoretical concepts of expert identification and diagnostics extended the basics of forensic ballistic examination theory. It is noted that an important component of the forensic examination general theory is the doctrine of the “language” i.e. the system of expert concepts and terms denoting them, with the problems of formalizing and unifying the expert language. The author’s conclusion is that successful development of forensic examination general theory will allow rethinking of conceptual basics of its special theories, including that of forensic examination of shot traces and circumstances.

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