Forensic examinations appointed at the investigation of crimes committed against journalists

Valentyna Drozd; Dmytro Luchenko; Sergii Ablamskiy; Volodymyr Vatras

Valentyna Drozd Department of Research Laboratory of Problems of Legal and Organizational Support of the Ministry Activities of the State Research Institute of the Ministry of Internal Affairs of Ukraine; Ukraine. https://orcid.org/0000-0002-7687-7138
Dmytro Luchenko Department of Administrative Law, Yaroslav Mudryi National Law University; Ukraine. https://orcid.org/0000-0002-8666-2245
Sergii Ablamskiy Department of Criminal Procedure and Organization of Pre-Trial Investigation, Faculty № 1, Kharkiv National University of Internal Affairs; Ukraine. https://orcid.org/0000-0003-4716-3985
Volodymyr Vatras Department of Civil Law and Procedure, Khmelnytsky University of Management and Law; Ukraine. https://orcid.org/0000-0002-6822-7442

Keywords: Forensic examination, crimes committed against journalists, ruling of an investigating judge, an investigator.

Abstract

The specifics of the implementation of special knowledge have been analyzed, in particular regarding the appointment of forensic examinations while the investigation of crimes committed against journalists. Taking into account the analysis of scientific literature, as well as existing practice regarding the investigation of criminal proceedings of this category, the author has presented a characteristic of typical types of forensic examinations. In particular, special attention has been paid to such types as merchandising, forensic and medical, computer and technological, phonoscopic, molecular and genetic, integrated forensic examinations, human odor traces, fingerprints, etc. It has been emphasized that the number and types of forensic examinations are assigned depending on the established circumstances. The purpose of the paper is to identify forensic examinations that are assigned to investigate crimes committed against journalists. To achieve this objective, the author has used general scientific and special methods of cognition. Thus, using the method of legal analysis, the author has determined that the appointment and conduction of forensic examinations in criminal proceedings, investigated on the fact of committing a crime against a journalist, has an important role in establishing the circumstances to be proved (the type and size of the caused damage; the severity and nature of the bodily harm, etc.). The comparative and legal method has been used in the course of studying the practice of the European Court of Human Rights and analyzing the criminal and procedural legislation of other countries. The statistical method is the basis for processing statistical data, materials of investigative and court practice. Therefore, attention has been paid to the fact that whole assigning a particular type of forensic examination, an investigator has to correctly determine the range of tasks that are put to an expert. An investigator must also use the methodological recommendations that have been developed by practice and set out in the Scientific and Methodological Recommendations on the Preparation and Appointment of Forensic Examinations and Expert Studies.

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Author Biographies

Valentyna Drozd, Department of Research Laboratory of Problems of Legal and Organizational Support of the Ministry Activities of the State Research Institute of the Ministry of Internal Affairs of Ukraine; Ukraine.

Doctor of Law sciences, Associate Professor, Senior Scientific Associate, Head of the 3d Department of Research Laboratory of Problems of Legal and Organizational Support of the Ministry Activities of the State Research Institute of the Ministry of Internal Affairs of Ukraine; Ukraine.

Dmytro Luchenko, Department of Administrative Law, Yaroslav Mudryi National Law University; Ukraine.

Doctor of Law sciences, Associate Professor, Professor of the Department of Administrative Law, Yaroslav Mudryi National Law University; Ukraine.

Sergii Ablamskiy, Department of Criminal Procedure and Organization of Pre-Trial Investigation, Faculty № 1, Kharkiv National University of Internal Affairs; Ukraine.

PhD in Law, Associate Professor, Associate Professor of the Department of Criminal Procedure and Organization of Pre-Trial Investigation, Faculty № 1, Kharkiv National University of Internal Affairs; Ukraine.

Volodymyr Vatras, Department of Civil Law and Procedure, Khmelnytsky University of Management and Law; Ukraine.

PhD. in Law, Associate Professor, Professor of the Department of Civil Law and Procedure, Khmelnytsky University of Management and Law; Ukraine.

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