ENSURING THE PARTICIPATION OF A CRIMINALIST SPECIALIST IN CRIMINAL PROCEEDINGS AT THE STAGE OF PRE-TRIAL INVESTIGATION: PROCEDURAL AND ORGANIZATIONAL ASPECTS

Abstract

The purpose of the article is to develop theoretical provisions and scientific substantiation in the procedural and organizational context of practical recommendations for ensuring the participation of a criminalist in criminal proceedings at the stage of preliminary investigation. Methodology. The reliability of the results and conclusions obtained is ensured by the use of general scientific and special methods of scientific knowledge. In particular, the analysis, synthesis, generalization made it possible to study in detail the regulatory framework regarding the direction of research, the method of scientific abstraction contributed to the formulation of a position regarding the content of the activity of a specialist in the use of special knowledge and technical and forensic tools, the expediency of amending the legislation of Ukraine regarding the delimitation of the concepts of «specialist» аnd «forensic specialist». Scientific novelty. The necessity at the legislative level to distinguish between the concepts of «specialist» and «specialistcriminalist», to define the tasks, functions and competencies of a specialist-criminalist as a participant in criminal proceedings, whose activities are carried out under the guidance and control of an investigator. At the same time, provide for the development of a mechanism for regulating the activities of a forensic specialist aimed at increasing professional motivation for the effectiveness of the use of special knowledge and skills, proper technical and forensic support of criminal proceedings and a procedure for checking the level of professional knowledge and practical skills in order to periodically confirm the qualifications of a «forensic specialist». Conclusions. As a result of the study, it was stated that the concept and essence of the term «special knowledge» at the legislative level have not been interpreted, there is no consensus in this regard among scientists. The term «forensic knowledge» also causes some discussion, although, I think, it is most consistent with the essence of the activity of a specialist in forensic science as an official who possesses and uses such knowledge at a professional level. There is no unanimity about the forms of using special knowledge. However, in the context of our research, first of all, it is worth talking about such procedural forms as the participation of a specialist (criminalist) in criminal proceedings and conducting forensic examinations. At the same time, from our point of view, the main forms of using special knowledge include consultations with forensic specialists. The complex application of the aforementioned forms will ensure objectivity, completeness and comprehensiveness of the preliminary investigation. The directions of the development of a mechanism for regulating the activities of a specialist-criminalist, aimed at increasing professional motivation, the effectiveness of using special knowledge and skills, proper technical and forensic support of criminal proceedings, have been determined. Some practical recommendations for ensuring the participation of a criminalist in criminal proceedings at the stage of preliminary investigation and proposals for the development of organizational and legal foundations for determining the procedure for obtaining and confirming the qualification of a «forensic specialist», taking measures to monitor
the effectiveness of his activities are presented.