Forensis Herald

LEGAL BASIS OF EXAMINATION OF PRODUCTS IN SPHERE OF STATE MARKET SUPERVISION AS A COMPONENT OF TECHNICAL REGULATION

D. Smernytskyi — Wed, 16 Jul 2025 00:00:00 +0300

Ukraine, striving to join the European Union, must as soon as possible harmonize
regulatory and normative documents in the field of technical regulation, including
the accreditation of conformity assessment bodies, the activities of these bodies,
testing laboratories, with the requirements of international and European
standards, which will ensure a high level of protection of public interests in the
field of non-food product safety, the health of users of these products, the health
of workers in production, the environmental safety of products and their production.
In view of the above, the purpose of the article is formulated. The methodological
basis of the study is a general scientific and special-legal methodological toolkit,
which is based on the principles of complexity, objectivity, integrity of scientific
knowledge. In accordance with the specifics of the topic, goal, and objectives of the
study, general theoretical and special scientific methods of knowledge were used:
dialectical, formal-logical, formallegal, etc. The hermeneutic method was used
to study scientific texts and norms of legal acts in order to understand
them. The mentioned methods were used in interrelation and interdependence,
which made it possible to ensure the completeness, comprehensiveness and
objectivity of the study. The scientific novelty lies in the comprehensive and systematic
approach to highlighting the examination of non-food products as an element
of technical regulation in the field of state market supervision. In addition,
it was stated that the legal support of product production is carried out through
the establishment of relevant norms in the laws of Ukraine, resolutions and orders
of the Cabinet of Ministers of Ukraine, technical regulations (normative and legal acts),
technical conditions, codes of established practice (normative documents), orders
of executive authorities, documents of manufacturing enterprises, etc. The
Constitution of Ukraine (Part 1, Article 3) determines that a person, his life,
health, safety are recognized in Ukraine as the highest social value. In addition,
the state's duty (Article 16) is to ensure environmental safety and maintain
ecological balance on the territory of Ukraine, preserve the gene pool of the
Ukrainian people. The state also (Part 4 of Article 42) protects consumer rights,
monitors the quality and safety of products, all types of services and works, and
promotes the activities of consumer public organizations. The practical
significance of the study on the legal support of product expertise and its
production, state market supervision over compliance with the established
parameters of products and their production lies in the possibility of using
its results to improve current legislation and regulatory legal acts, develop
new technical regulations and standards for establishing requirements
for products and their production, as well as the practice of expertise,
testing, certification, market supervision for compliance with safety
requirements for humans and the environment.

SPECIALIZED KNOWLEDGE IN LEGAL PROCEEDINGS: EPISTEMOLOGICAL ASPECT

P. Antoniuk, I. Kondratiev — Wed, 16 Jul 2025 00:00:00 +0300

Based on the analysis of Ukrainian legislation, an acute problem
of the modern legal field is demonstrated in the form of the lack
of a normative definition of the definition of «specialized knowledge»
along with its active use at the level of laws as a criterion for the
qualification of individual participants in legal proceedings and the
appropriateness of the evidence obtained with their help. It is also
established that such legal uncertainty has led to the substitution of
concepts and the emergence of inappropriate legal procedures and
participants in legal proceedings, which gives rise to doubts about
the appropriateness and admissibility of certain evidence, and is
a violation of the general principles of legal proceedings and the
foundations of justice in general. The analysis of the relevant
norms of the legislation of Ukraine in the field of forensic expertise
allows us to separate knowledge from the field of law from
«specialized knowledge» and at the same time to determine such
an important characteristic of «specialized knowledge» as the
direction of their application – the field of legal proceedings,
which allows us to consider the subject-matter direction
of the application of knowledge as a certain point of transformation
of industry knowledge into special. In addition, it was found that the
formal moment of transformation of industry knowledge into
«specialized» is the procedure for attesting a person as a forensic
expert, determined by the relevant law. In connection with this,
the opinion is upheld that only a person certified as a forensic
expert in accordance with the Law of Ukraine «On Forensic
Expertise» can be considered by participants in legal proceedings
as having «specialized knowledge» necessary to establish factual
data about the circumstances of the case. And only such a person
can participate in various types of proceedings as an expert and as
a specialist in accordance with the procedure established in
procedural legislation, since the volume of «specialized knowledge»
cannot change, but only the conditions for involving persons who
have such knowledge and the results obtained with their help can
change. The general scientific methods of scientific knowledge
applied on the basis of a normative approach ensured the
achievement of the goal of the study – the development of
methodological foundations for a single substantiated approach
to determining the essence of «specialized knowledge», which will
serve as a criterion for determining the qualifications of certain
participants in legal proceedings and the relevance of the
evidence obtained with their help.

FORENSIC CHARACTERISTICS OF CRIMINAL OFFENCES RELATED TO THE STATE SUPPORT OF HEALTHCARE SECTOR

V. Bidniak — Wed, 16 Jul 2025 00:00:00 +0300

The scientific article specifies the forensic characteristics
of criminal offences related to the state support of healthcare and
its importance for the investigation of such offences. The study
used a combination of general scientific (dialectical, formal and
logical) and special methods of scientific knowledge (systemic and
structural, comparative and legal, sociological, statistical). The
empirical basis of the study was formed by materials on 138
facts registered on the grounds of criminal offences in the
healthcare sector, as well as our own many years of practical
experience in investigating such offences. The scientific novelty
of the article lies in specifying the forensic characteristics
of criminal offences related to the іtate of healthcare as an
integral system, the structural elements of which cover the
current peculiarities of committing such offences, and
understanding of their interrelations serves as a scientific tool
for improving the efficiency of law enforcement bodies.
The article identifies the object of unlawful encroachments,
namely property, while giving priority to public funds, which
include not only state and local budgets but also international
co-financing. The author analyses modern methods of
committing criminal offences in the healthcare sector,
including misappropriation of state budget funds provided
for the implementation of the programme of state guarantees
of medical care for the reimbursement of medicines and
medical devices, entering false information into the eHealth
electronic system, conducting public procurement of goods,
works and services at an inflated cost or with falsification of
documents on their acceptance, accounting, write-off or use,
and so on. The identity of an offender is characterised through
a system of social, biological and professional knowledge –
medical and non-medical representatives of the healthcare
facility, suppliers of goods or contractors of the ordered
work, and so on. The article raises problematic issues in
determining the injured party, in particular, in cases of
misappropriation or seizure of property received from donors
as humanitarian or charitable aid, as well as in criminal
proceedings where the injured party is a municipal business
entity. The author highlights the peculiarities of the situation
in which the criminal offences in question are committed,
focusing on its multicomponent nature, which includes
characteristics of the healthcare sector itself, the place of
activity, as well as the place, time and conditions of
the criminal offence, including the regulatory and legal
support for public procurement of goods, works and
services. It is stated that the trace picture is formed by
traces-objects, traces-substances, traces-reflections,
imaginary (ideal) and electronic (digital) traces, with a focus
on open information resources and electronic public
procurement systems. The problematic aspects of
preserving trace information are noted. The practical
significance of the results obtained is, inter alia, that the
determination of the elemental composition of the
criminalistic characteristics of criminal offences related
to the state support of healthcare makes it possible,
at the initial stage of pre-trial investigation, to put
forward versions, to outline typical investigative situations,
to plan procedural actions in the most optimal way and to
solve the tasks of criminal proceedings defined by law

CHEMICAL TRAPS AS A MEANS OF DETECTION AND PREVENTION OF THEFT

M. Kobets — Wed, 16 Jul 2025 00:00:00 +0300

In the course of the research, the issues of documenting such
a category of criminal offenses against property as thefts at
storage facilities of commodity and material values using
special chemicals were raised and theoretical and applied
approaches to legal support for the actions of employees
of criminal investigation units and police officers (community
police officers) in detecting and preventing thefts of material
values using chemical traps were highlighted, which determines
the purpose of the article. The methodological basis of the
research is general scientific and special methods, in particular
dialectical, systemic analysis, synthesis, statistical, terminological,
modeling, theoretical generalization. The scientific novelty of the
obtained results lies in specifying the concept of a chemical trap.
In addition, the sequence of actions of employees of criminal
investigation units and police station officers (community police
officers) for the detection and prevention of criminal offenses,
such as theft, and the procedure for registering the result of the
activation of a chemical trap at the scene of a criminal offense
have been developed. The issue of the use of certain types of
special chemicals in chemical traps and their further research
has been highlighted. In order to effectively resolve problematic
issues of documenting thefts of material values, it is proposed
to develop a departmental regulatory act in the form of
instructions on the procedure for using chemical traps by relevant
police officers. The practical significance of the study lies in
developing a sequence of application of a tool for documenting
criminal offenses against property and the procedural procedure
for registering the result of the activation of a chemical trap at
the scene of a criminal offense.

LINGUOCOGNITIVE MODELING OF THE PROFESSIONAL WORLDVIEW OF A FORENSIC EXPERT

O. Nedashkivska, Т. Nedashkivska, O. Hunko — Wed, 16 Jul 2025 00:00:00 +0300

The current stage of development of science and technology,
the transformation of social processes in all spheres of human
activity in this regard, increases the need for permanent
improvement of the individual in his professional activity as
an element of the quality assurance system in the industry.
The effectiveness of a forensic expert’s activities directly
depends on his professional level, which is a complex of
qualities and skills acquired in the process of training and
practical work, which are closely related to the perception
of reality through the prism of language and form a
professional picture of the world. The purpose of the article
is to use linguistic-cognitive modeling (using the example
of the Zhytomyr Scientific Research Forensic Center of the
Ministry of Internal Affairs of Ukraine) to construct a fragment
of the professional picture of the world of a forensic expert,
to analyze the specifics of the cognition of professional
metalanguage as a means of forming and reflecting the
competence of subjects of expert activity. The purpose of
the article is to use linguistic-cognitive modeling (using the
example of the Zhytomyr Scientific Research Forensic Center
of the Ministry of Internal Affairs of Ukraine) to construct
a fragment of the professional picture of the world of a
forensic expert, to analyze the specifics of the cognition
of professional metalanguage as a means of forming and
reflecting the competence of subjects of expert activity.
The study was carried out using the author's methodology
of conducting a free associative experiment through an
online questionnaire of forensic experts based on the
«STIMULUS» platform. The obtained material was analyzed
using a battery of methods – associative, component analysis,
modeling with elements of statistical methodology.
The scientific novelty lies in defining the professional picture
of the world and establishing the level of forensic experts’
mastery of the terminological conceptual apparatus in the field
of forensic expert activity and the skills of its practical application
in professional activity. The conclusions establish and record
the features of the linguistic picture of the world of a forensic
expert, reflect the need to form a unified terminological
system in the field of forensic expertise as a key component
of the terminosphere. They also focus attention on the
peculiarities of forming a professional picture of the world, which
ensures flexible adaptation and dynamic transformation of the
perception of the world by a forensic expert in a professional
aspect in accordance with the requirements of modernity and
its adequate extrapolation into practical activities

THE “DEVICE FOR HOLDING ADJACENT PARTS OF AN OBSTACLE IN FORMING TOOL MARKS OF BREACHING TOOLS” IN EXPERT PRACTICE

Yu. Fufalko, I. Petryk — Wed, 16 Jul 2025 00:00:00 +0300

The article, using the example of the application of the
product “Device for holding adjacent parts of an obstacle
in forming traces of breaking tool”, considers the
directions for improving the methods of conducting
forensic trace expertise, in particular during the study
of tools, units, instruments and traces they leave.
Methods of scientific knowledge were used at both the
theoretical and empirical levels, including: observation
is the clarification of the initial data of the problem in
the form of establishing the most common objects of
expertise, where diagnostic and identification tasks are
solved that may be faced by the expert within the
framework of the trace expertise in the expert specialty
4.2 “Study of tools, units, instruments and traces left by
them, identification of the whole by parts”; description,
measurement, which is highlighted directly and in the
course of interpreting the general features of the
device, its parameters, dimensional and technical
characteristics, principle of operation, etc., as well as in
relation to the objects under study; comparison, as
finding the limits of the potential instrumental use of
the equipment, including solving the specified tasks of
trace expertise with its help; the experiment is seen as
demonstrating the applied use of the device during
trace expertise, in particular as equipment that is
extremely necessary for understanding and analyzing
trace information in the form of the certain category
of volumetric static traces. It has been proposed new
forensic tool that facilitates the work of experts and
ensures high-quality and reasonable performance of
the tasks. One of such tools is the equipment known as
the “Device for holding adjacent parts of an obstacle in
forming traces of breaking tool” (at the stage of forming
an idea of the procedure for using the equipment,
the conditional working name “TripodExperiment” was
used), for which a patent was obtained. The developed
device is designed to increase the efficiency of research,
ensure the accuracy of experiments, and simplify access
to the necessary equipment for experts. The proposed
device will contribute to expanding the capabilities of the
expert community and provide effective tools for solving
the tasks. The scientific novelty of the article lies in
substantiating the feasibility of using the product “Device
for holding adjacent parts of an obstacle in forming traces
of breaking tool” as auxiliary equipment during forensic
trace expertise in the expert specialty 4.2 “Study of tools,
units, instruments and traces left by them, identification
of the whole by parts”. In addition, the possibilities of
using the new model for obtaining experimental traces
of the breaking tool, simulating breaking methods,
studying the mechanism of trace formation, etc. are
described. Due to the innovative design, the device allows
to fix the materials under study, ensuring their reliable
stability and minimality. The device can be used not
only for trace research, but also in related areas of expert
activities, such as the study of edged weapons as well
as for fixing objects during other studies.

“BABYTSKY’S CASE” (1911): ODESSA COURT RECOGNIZES… FINGERPRINTING

V. Chysnikov — Wed, 16 Jul 2025 00:00:00 +0300

Demonstrating the deep, inextricable connection of times, using the example of the so-called Babytsky’s
case (1911), which was considered by the Odesa Court Chamber, an attempt is made to scientifically understand the
history of the formation of fingerprinting as a scientific discipline in Ukraine at the beginning of the 20th century.
During the study, scientific methods were applied, in particular historical, historical-legal, historical-comparative and
biographical. The scientific novelty lies in the coverage, based on pre-revolutionary written sources, of additional
evidence about the little-known “Babytsky’s case”, which was considered by the Odesa Court Chamber in the fall
of 1911 and found the accused thief-recidivist Babytsky guilty of committing theft from the apartment of doctor
Korniienko. It is stated that the verdict was passed exclusively on the basis of the study of fingerprints that the police
found at the scene of crime on a polished wooden box. It was emphasized that this was the first case in the history of
forensic practice in Ukraine when the court recognized the results of fingerprint research as evidence.

COUNTERFEITING IN CENTRAL AND EASTERN EUROPE IN THE MIDDLE AGES AND EARLY MODERN TIMES

A. Boiko-Haharin — Wed, 16 Jul 2025 00:00:00 +0300

Фальсифікати денаріїв короля Саламона Арпада (1063–1074)
чи не найперші відомі науці підробки угорських монет.
На околицях м. Нітра (словац. Nitra, Нітранський край,
Словаччина) під час розкопок у похованні знайшли сім
денаріїв короля Саламона Арпада, один з яких виявився
мідним фальсифікатом [56, с. 44].

II NATIONAL SCIENTIFIC AND PRACTICAL CONFERENCE ON THE OCCASION OF THE 25th ANNIVERSARY OF THE EXPERT SERVICE OF THE MIA OF UKRAINE “CRIMINOLOGY AND FORENSIC EXPERTISE: THE CURRENT STATE AND PROSPECTS OF DEVELOPMENT”

Editorial board — Wed, 16 Jul 2025 00:00:00 +0300

20 червня 2025 р. за міжнародною участю відбулась
ІІ Всеукраїнська науково-практична конференція
з нагоди 25-річчя Експертної служби МВС України
«Криміналістика та судова експертиза:
сучасний стан і перспективи розвитку»

THE SCIENTIFIC AND PRACTICAL COLLECTED VOLUME “FORENSIC HERALD” IS THE WINNER OF THE III NATIONAL COMPETITION OF SCIENTIFIC AND EDUCATIONAL PUBLICATIONS ON LAW, SECURITY AND EUROPEAN INTEGRATION “YURYDYKA”

Editorial board — Wed, 16 Jul 2025 00:00:00 +0300

16 травня 2025 р. в Одеському державному університеті внутрішніх
справ, напередодні Дня науки в Україні, відбулася церемонія
нагородження переможців ІІІ Всеукраїнського (національного)
конкурсу наукових та навчальних видань з права, безпеки
та євроінтеграції «Юридика», що об’єднав науковців, педагогів,
практиків, молодих дослідників з усіх куточків нашої рідної України.

THE EXPERT SERVICE OF THE MIA OF UKRAINE – A QUARTER OF A CENTURY: SPECIAL CANCELLATION OF A STAMP

Editorial board — Wed, 16 Jul 2025 00:00:00 +0300

Під час урочистих заходів із нагоди 25-річчя Експертної служби МВС України
відбулася церемонія спецпогашення поштової марки.

TO THE ATTENTION OF THE AUTHORS

Editorial board — Wed, 16 Jul 2025 00:00:00 +0300

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