International experience of using expert opinions in criminal proceedings

Keywords: forensic examination, expert opinion, qualification of criminal offences, criminal law, evidence, legal proceedings, special knowledge, international law.

Abstract

The article is devoted to the important issue of international standards integration into the national system of forensic examination. The influence of international legal norms on the regulation of expert activity in Ukraine is analysed and the prospects for the development of this area are outlined. Particular attention is paid to the importance of forensic examination in legal proceedings, and the key role of experts in establishing objective truth and ensuring justice through their specialised knowledge is emphasised. Foreign experience in the field of forensic examination is considered, taking into account the use of specialised knowledge and methods of conducting examinations in other countries.

It is indicated that in the context of crime globalisation, forensic examination in Ukraine should meet the highest international standards. To achieve this, it is necessary not only to update the legislative framework, but also to expand the capabilities of experts, introduce modern research methods and ensure close cooperation with international expert institutions. This will improve the quality of investigations and the effectiveness of the fight against crime. International cooperation in the field of forensic science, regulated by Section 4 of the Law of Ukraine “On Forensic Science”, is a key tool for ensuring effective judicial proceedings. It allows for the involvement of highly qualified specialists from different countries in the investigation of complex criminal cases and the use of modern research methods, which contributes to the establishment of objective truth.

To ensure the high quality of forensic examinations and their international recognition, it is necessary to unify approaches and standards. International cooperation in this area facilitates the exchange of experience, the introduction of the latest techniques and the creation of common databases, which increases the reliability of expert opinions and their recognition around the world.

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Author Biography

O. P. Makarova, Kharkiv National University of Internal Affairs

Candidate of Psychological Sciences, Associate Professor,

Department of Pedagogy and Psychology (senior lecturer).

References

Keip, E., & Namoradze, Z. (2012). Effective defense in criminal proceedings in Eastern European countries: Bulgaria, Georgia, Lithuania, Moldova, Ukraine. Renaissance.

Dufeniuk, O. M. (2018). Expertise in criminal proceedings under the legislation of Ukraine and Poland: a comparative study. LvSUIA.

Bassista, I. V. (2022, November 2). Restorative practices in criminal procedure legislation: international experience and national achievements [round table presentation abstract]. International round table “Modern law: international dimension and national experience”, Kyiv, Ukraine.

Hasparian, S. H. (2020). Directions of application of international experience of staffing of forensic institutions in Ukraine. Archives of Criminology and Forensic Sciences, 1, 129–138. https://doi.org/10.32353/acfs.1.2020.11.

Honcharenko, V. H. (2009). Forensic psychological examination in the system of remedies. Lawyer, 4(103), 4–13.

Huzela, M., & Kantsir, V. (2018). Foreign experience in the organization of forensic expertise in the process of prosecution. Bulletin of Lviv Polytechnic National University. Series: Legal Sciences, 906, 129–135.

Zaiats, R. Ya. (2018). Foreign experience of the activity of research and expert-forensic institutions of the Ministry of Internal Affairs and the possibilities of its use in Ukraine. Uzhhorod National University Herald. Series: Law, 52(2), 134–138.

Klymenko, N. I. (2015, April 23). The international importance of forensic science [round table presentation abstract]. Round table “Forensic Expertise: Current Status and Development Prospects”, Kyiv, Ukraine.

Lopata, O. A. (2017). International cooperation of the Expert Service of the Ministry of Internal Affairs of Ukraine [Candidate dissertation, National Academy of Internal Affairs].

Chornous, Yu. M., & Lopata, O. A. (2016). Legal principles of international cooperation in the field of forensic expert activity. Forensis Herald, 1(25), 6–12.

Kuzmenko, О., & Оmelchuk, L. (2023). Performing forensic expert activities in criminal proceedings: international experience. Uzhhorod National University Herald. Series: Law, 79(2), 250–255. https://doi.org/10.24144/2307-3322.2023.79.2.38.

Makarova, O. P. (2024). The role and characteristics of involving an expert – a psychiatrist by the defense party in the trial: increasing objectivity and protecting the rights of the accused. Law.UA, 1, 128–134. https://doi.org/10.32782/LAW.UA.2024.1.20.

Parfylo, O. A. (Ed.). (2015). The system of ensuring forensic expert activity in NATO member states. ArtEk.

Chumak, V. V. (2020). International Experience of Organization and Activities of Forensic Expert Institutions. Bulletin of Kharkiv National University of Internal Affairs, 4(91), 235–244. https://doi.org/10.32631/v.2020.4.22.

Skrypnyk, M. (2019, February 5). World experience in forensic expert activity. Expert Research Service of Ukraine. https://ua-expert.com/ua/news/svitoviy-dosvid-u-sudovo-ekspertniy-diyalnosti/.

Published
2024-10-17
How to Cite
Makarova, O. P. (2024) “International experience of using expert opinions in criminal proceedings”, Bulletin of Kharkiv National University of Internal Affairs, 106(3). Available at: https://visnyk.univd.edu.ua/index.php/VNUAF/article/view/793 (Accessed: 2November2024).
Section
Criminal Procedure and Criminalistics; Forensic Examination; OSA