INTERNATIONAL STANDARDS OF LEGAL REGULATIONS OF FORENSIC EXPERTISE AND THEIR IMPLEMENTATION IN UKRAINE
In: Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, Issue 122, p. 31-40
ISSN: 2218-2063
At the beginning of the 19th century, there was a belief that eventually investigators, prosecutors and judges would have the knowledge to evaluate evidence without the involvement of "scientific judges" (experts). The unconditional forecast was refuted by the rapid development of science, as a result of which a stable awareness of the need to develop the theory of expertise and improve the methodology of conducting various types of expertise, which requires scientific and technical capabilities and regulatory as well as legal support, was formed. John Brockman justified the future of science in the 21st century, assessing it as a grand breakthrough in physics, chemistry, cybernetics, biology, artificial intelligence and psychology, and as one determining the pace of expertise development. A deeper understanding of the processes of existence and interaction of matter becomes an instrument for a more detailed analysis of a person's activity, which can be considered as an intervention in his personal life. Balancing the observance of individual rights, the state's performance of functions to ensure the safety of society and scientific opportunities requires an appropriate timely legal response, in order to avoid the risk of violating such a balance. Almost 30 years have passed since adoption of the Law of Ukraine "On Forensic Expertise", therefore, in order to make proposals for the legal regulation of the use of forensic expertise in criminal proceedings, an analysis of statistical data, judicial practice and the practice of the ECtHR was carried out. It is considered expedient: to determine the terms of the expert examination at the legislative level; to eliminate departmental dependence of experts when conducting an examination (in accordance with the practice of the ECtHR); to establish the grounds for conducting an examination on the initiative of the court (without a request from the parties); to create a state register of human genomic information and streamline its management in accordance with international standards; to determine the status of the specialist's conclusions in criminal proceedings.