SIGNIFICANCE OF SITUATIONAL FORENSIC BALLISTIC INVESTIGATIONS FOR QUALIFICATION OF CRIMINAL OFFENSES

Abstract

The purpose of the article is to substantiate the importance of situational forensic ballistic research for the
qualification of criminal offenses related to the use of firearms, to develop appropriate proposals for the organization
of the investigation. Methodology. The reliability of the obtained results and conclusions is ensured by such research
methods as generalization - to formulate conclusions based on the study of literature sources and materials of criminal
proceedings on criminal offenses, analysis and synthesis - to determine the features of situational forensic ballistic
examinations and provide proposals for investigation. Scientific novelty. It is proved that the use of special knowledge
in the form of forensic examination of weapons to establish the situational circumstances of the shot is not optional, but
a mandatory component of the investigation of criminal offenses involving firearms, respectively, the results of such
examination significantly affect their qualifications. Conclusions. It is stated that the qualification of criminal offenses
related to the use of firearms is a complex, complex activity, which includes in particular the study of the findings of the
examination of weapons and traces, the circumstances of its use, other related expert studies and their establishment
under of the shot, the trajectory of the projectile, the result of which is a substantiated and documented specific
composition of the criminal offense, which affects the quality of pre-trial investigation and evaluation of evidence
collected in court. A forensic ballistic examination of a weapon in order to establish the situational circumstances
of a shot is a study of items submitted for examination, including materials of criminal proceedings (protocol of the
scene, protocol of interrogation of a witness, victim, forensic medical examination, etc., carried out on the basis of a
procedural decision based on the special knowledge of an expert (experts) in the field of forensic ballistic examination
and other special knowledge, using current expert methods, techniques and special means of forensic technology,
the results of which in the form of information about the circumstances under which the shooting took place and,
if available, the damage caused, are essential for the qualification of a criminal offense. Situational forensic ballistic
research can be essential for the qualification of criminal offenses: 1) under the Special Part of the Criminal Code of
Ukraine, in particular in determining the features that allow to classify acts as qualified criminal offenses; 2) under the General Part of the Criminal Code of Ukraine; 3) under the General and Special Parts of the Criminal Code of Ukraine. It is advisable to conduct situational forensic ballistic studies in all criminal proceedings related to the use of firearms in the commission of criminal offenses, regardless of the presence of other evidence proving or refuting the
guilt of the suspects. Accordingly, for the most high-quality and most complete extraction of trace information from
the scene, specialists in the field of forensic ballistics must be involved for the inspection, and if appropriate expertise
is appointed, for consultations in order to correctly formulate the tasks and provide the necessary objects for research