Suchergebnisse

The objective of the research was to identify threats to individual rights in criminal proceedings during martial law. The research involved system methods, descriptive analysis, systematic sampling, doctrinal approach and forecasting. Martial law introduced as a result of armed conflict carries important implications for criminal justice. Ensuring the observance of individual rights in criminal proceedings during this period applies to several crimes, the common feature of which is the time of their commission. The classification of subjects of prevention of infringement of such rights is presented. The prospects for improving the protection of individual rights in criminal proceedings require international assistance in the detection of crimes related to the armed conflict. It is concluded that ensuring the observance of individual rights in criminal proceedings during martial law requires combining the efforts of national and international specialists. Prospects for improving this process envisage international assistance with increased use of its results as evidence in national and international courts. It is appropriate to develop international recommendations for national law enforcement agencies and judicial bodies.

The objective of this study was to determine the mandatory requirements for the investigation of drug-related crimes imposed by the age category of the accused. The study involved the following methods: information analysis, systemic approach, descriptive analysis, pragmatic approach and prognosis. It was concluded that tactical techniques, stages, investigative situations in the investigation of juvenile drug-related crimes are used in the same cases and in the same order as in relation to other categories of crimes. It is indicated that the following mandatory requirements to be met during the investigation of juvenile drug-related crimes: 1) establishment of all necessary circumstances of the case of this category; 2) ensuring mandatory participation of an expert in forensic psychology at all stages of the investigation; 3) ensuring mandatory participation at all stages of the investigation of parents or other legal representatives of the minor, representatives of the Children's Service and juvenile police; 4) ensuring psychological and informational safety of the minor; 5) ensuring the most humane and tolerant attitude towards juvenile offenders.

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.