THE OPPORTUNITIES OF MERCHANDISING FORENSIC EXAMINATION WITHIN THE CRIMINAL PROCEEDINGS
DOI:
https://doi.org/10.37025/1992-4437/2019-32-2-46Abstract
The purpose of the article is to outline the peculiarities of commissioning and conducting of forensic commodity expertise within the framework of criminal proceedings related to misappropriation or embezzlement of property, its plunder, deriving of improper advantage, etc. In the course of the research there were specified the subject, the object, and the task of forensic commodity examination; were outlined general principles of its conduction and methodic. The list of topical issues that are raised with the commodity examination was summarized. The author provides an example (from expert practice), which illustrates the possibilities of forensic commodity expertise in solving issues within the framework of criminal proceeding upon the deriving of improper advantage. The potential and the necessity of forensic expertise commissioning within the framework of criminal proceedings upon the embezzlement of property, deriving of improper advantage, production of defective goods and within the framework of claims for compensation for property damage in case of emergency, fire, etc. were substantiated by the author. The reliability of the obtained results and conclusions is ensured by the use of the following system of scientific knowledge methods: system-structural method (using this method, the author has clarified the nature of the researched categories and legal phenomena, and their element-component structure); method of scientific abstraction (this method helped to formulate attitude towards the assessment of theoretical, legal and organizational foundations of conducting forensic commodity examination within the framework of criminal proceedings); logical argumentation method (using this method, the author analyzed current statutory regulations on their completeness); dogmatic method contributed to the extending and specifying of the conceptual and categorical framework of research; simulation method helped to draw conclusions regarding the possibilities of forensic commodity examination within criminal proceedings.
Keywords: forensic activity; forensic commodity examination/expertise; goods; specific knowledge; commodity expert; commodity knowledge.