Theoretical and methodological model of criminalistics and its new directions

This research paper purpose is to find out tendencies of development of criminalistics in globalized world, define its borders, forecast emergence of new directions and to characterize them. Theoretical and methodological model of criminalistics is studied, tendencies and specifics of formation of criminalistics in modern conditions are traced. forensic knowledge should be not only the investigator, but prosecutor, investigating judge, interrogator, detective, judge, lawyer. Emergence of new branches of criminology is associated with scientific and technological progress, the emergence of new technologies, the need to work with specific traces and complexity of collecting and examining evidence. Special attention is paid to development and formation of medical, digital and nuclear forensics.

Formation of internal structure of criminalistics (its system) is considered, connection with other sciences (natural sciences, humanities, social, formal) is determined, relationship with forensic sciences (forensic medicine, forensic toxicology, forensic psychology, forensic chemistry, etc.) and forensic expertology is established.
Attention is drawn to the orientation of the forensic vector of Ukraine to a single forensic European space. Necessity of creating a new section in the structure of criminology, namely: forensic strategy is substantiated.
Origin specifics, formation and development of new branches (directions) of criminology are considered: competitive, judicial, medical, genotypic, aerospace, computer (digital) and nuclear ones. Necessity of using forensic knowledge by different parties in criminal proceedings both in while of pre-trial investigation and in legal proceedings is argued. The subjects of specific expertise application of 10 forensic knowledge should be not only the investigator, but prosecutor, investigating judge, interrogator, detective, judge, lawyer. Emergence of new branches of criminology is associated with scientific and technological progress, the emergence of new technologies, the need to work with specific traces and complexity of collecting and examining evidence. Special attention is paid to development and formation of medical, digital and nuclear forensics.

Research Problem Formulation
At the end of the XIX century, Hans Gross, the founder of criminalistics considered criminalistics as accessory for criminal law and defined it as a doctrine about the realities of criminal law. However, Gross noted that criminal law and criminalistics are correlated in the same way as pathological anatomy and surgery. If pathological anatomy studies human body diseases o and systematizes them in a certain way, then surgery tries to eliminate these diseases... Similarly, forensics should go its own 1 way caused by counteraction to criminal offenses and/or their neutralization.
In modern realities, it is possible to ascertain the state, trends and prospects of the development of criminalistics. In this sense, formation of the internal structure of criminalistics (its system), communication with other sciences (natural, humanities, social, formal), correlation with forensic sciences (forensic medicine, forensic toxicology, forensic psychology, forensic chemistry, etc.) and forensic expertology can be traced. In particular, criminalistics and forensic sciences are a reflection of various developments of science that was formed in different scientific schools (and accordingly in scientific directions) using those legal, technical, tactical and methodical capabilities that its best representatives had in the arsenal 2 .

Analysis of Essential Researches and Publications
Scientific basis of this research is the work of well-known domestic and foreign forensic scientists in the field of fundamental problems of forensics, forensic sciences and forensics: R. its paradigm 3 . There is a change in the vector of forensic research in Ukraine, bringing it closer to the single European space 4 . Confirmation of progressive trends in the development of criminology is its consideration in the system of legal sciences 5 and the formation of the doctrine of criminology and forensic science 6 . It is these circumstances that determined the relevance and timeliness of the chosen issues and the need for this research.

Article Purpose
This article purpose is due to the need to determine theoretical and methodological model of criminalistics, find out the trends of its development in the globalized world, outline its boundaries and predict the emergence of new directions. It is intended to determine the causes of new areas of criminalistics and characterize them.

Main Content Presentation
In current form, the system of criminalistics covers four sections: 1) general theory of criminalistics; 2) forensic equipment; 3) forensic tactics; 4) forensic methods. At the same time, recently in the structure of forensics it is proposed to distinguish another section: Forensic Strategy. The need for such a section was justified by the German school of forensics at the end of the XX century 7 . The forensic strategy is defined as a field of knowledge on combating crime by forensic means for the long term 8 . Forensic strategy is a separate section of criminalistics, a system of forensic means for organizing and planning crime prevention in general. In the Eastern European school it is a separate category, direction and the highest level of application of criminalistic tactics 9 . In this context, Lithuanian criminalists rightly note that the state of public security and threats of recent decades have shown the need not only to strengthen international cooperation but a qualitatively new level of international forensic policy that is impossible without conceptual research, scientific forecasts and recommendations 10 .

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Criminalistics and evidence law, formation issues of competitive criminalistics Criminalistics is the science of criminal activity laws and its reflection in sources of information 11 . The subject of criminalistics traditionally includes patterns associated with evidence procedure (collection, research, evaluation and use of evidence).
Forensics is the science of forming evidence. There is an axiom, once proposed by Dr. E. Locard (Locard's principle), that "every contact leaves a mark" 12 . It can be stated that any criminal offense always leaves traces (materially fixed, ideal, virtual or electronic). Therefore, the investigation and trial should take place by knowing the event by means of forensics in the manner prescribed by law. In this sense, changes in criminal procedure legislation, reform of criminal justice and law enforcement agencies have a significant impact on the development of criminalistics.
Use forensic knowledge occurs while event cognition, determination of culprits and facts, proof. Proof as a cognitive process involves setting a goal, using means and achieving results. From of logic position, proof is a process of thinking, one in nature (regardless mental activity subject ). Institute of proof should contain answers to the following questions: 1) what is the essence of evidence and proof; 2) that is the purpose and subject of proof; 3) which are psychological proof foundations; 4) that sources, methods and means of proof exist. в стратегиях органов правопорядка как инновационный прорыв в обеспечении создания общего европейского криминалистического пространства. Інноваційні методи та цифрові технології в криміналістиці, судовій експертизі та юридичній практиці : мат-ли міжнар. «круглого столу» (Харків, 12.12.2019 Some scholars believe that goal in the current criminal procedure can only be addressed to prosecution and trial. In this concept, defenders are often given a negative role related to impeding the achievement of justice goals. This approach is wrong. In our opinion, in current conditions it is advisable to ask questions about the need to form and introduce competitive criminalistics. Best practices of criminalistics should be in demand not only by the prosecution, but also by the defense.
Literary sources abound with suggestions about the need for forensic support of prosecutors, judges and lawyers 13 . In current conditions, the application subject of forensic knowledge should be not only the investigator, but also prosecutor, investigating judge, coroner, detective, judge, lawyer.
Currently, the parties to criminal proceedings have different opportunities in the application of forensic knowledge. Article 93 of the Criminal Procedural Code of Ukraine 14 contains disparities in the legal remedies provided by the legislator to the parties to criminal proceedings for the collection of evidence. By giving the defense the right to collect evidence, the legislator significantly limited it in the means of exercising this right. It should be noted that by initiating investigative and covert investigative actions (petitions), the defense actually collects evidence.

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In addition, in Part 8 of Art. 95 of the Criminal Procedural Code of Ukraine states that the parties to the criminal proceedings, the victim, a representative of the legal entity in respect of which the proceedings are conducted, have the right to receive from participants in criminal proceedings and other persons with their consent explanations that are not evidence sources.
Competitive criminal proceedings are caused by the classic rule that the actual data acquire its evidence value only in court. Therefore, it is advisable to talk about the need to form criminalistics as a separate field of forensic science, offer forensic recommendations for participants in the trial, develop tactical methods of conducting trial actions (in particular, cross-examination), as well as forensic methods for considering various categories of criminal cases.
According to European standards, only data obtained (verified) by trial in presence of the parties, who have the opportunity to participate in the research on objects and/ or documents, in interrogations, etc. 15 can be recognized as evidence. While the pretrial proceedings, each party should gather information about the facts that it intends to use in trial to persuade the court to accept as evidence 16 .
Evidence in its procedural and cognitive meaning appears only in court after their direct research 17 . There is a question about the formation process of evidentiary information, the cognitive value of factual data obtained during the pre-trial investigation and procedural At the same time, currently the procedural law is already at the stage of pretrial investigation using the evidence term . In Part 1 of Art. 94: Evidence Evaluation of the Criminal Procedural Code of Ukraine of Ukraine states that the investigator, public prosecutor in his internal opinion, which is based on a comprehensive, complete and impartial investigation of all the circumstances of criminal proceedings, guided by law, evaluates each evidence in terms of belonging, admissibility, reliability, and a set of collected evidence in terms of sufficiency and interrelation to make an appropriate procedural decision.
Use of the evidence term can be traced in the rest of the articles of the Criminal Procedural Code of Ukraine of Ukraine regulating the procedure for pre-trial investigation. Thus, in Art. 276 to cases of notification of suspicion, among others, includes "availability of sufficient evidence to suspect a person of committing a criminal offense". In p. 3 part 1 of Art. 284 of the Criminal Procedural Code of Ukraine of Ukraine states that criminal proceedings, among other cases, are closed if sufficient evidence is not established to prove the guilt of a person in court and the possibility of obtaining them has been exhausted. In Art. 287 of the Criminal Procedural Code of Ukraine of Ukraine, obligatory details of the prosecutor's request for release from criminal liability are evidence that confirms the fact that a person has committed a criminal offense (paragraph 6, part 1). During the opening by the parties to the criminal proceedings of the materials of the pre-trial investigation, the legislator again in Part 1 of Art. 290 of the Criminal Procedural Code of Ukraine of Ukraine uses this term, recognizing the evidence collected while pre-trial investigation sufficient for indictment drafting.
In the forensic sense, lexical phrases "actual data (circumstances)", "information contained in testimonies, information obtained while research on objects, documents, material crime traces", etc., used in the procedural law, do not solve the issue of forming evidence (evidence). We believe that "information", "factual circumstances" or "data" should be checked during the trial, as well as at this stage of criminal proceedings to confirm their status as evidence. Certainly, such activity involves the use of forensic knowledge, use of techniques, methods, means and technologies of criminalistics. 18  Trends in criminalistics are associated with the emergence and formation of its individual industries or directions and are due to the need to study specific data (facts, traces, information): for example, medical, genotype, computer (digital), aerospace or nuclear criminalistics.
In particular, medical criminalistics reflects a certain connection between knowledge of forensic medicine and the theory of forensic evidence. In current conditions, the medical criminalistics term is used in scientific sources and regulations, but it is not common 18 . Medical criminalistics is a complex field of knowledge that is used in implementation of legal activities; namely: detection and investigation of crimes or the trial of a criminal case. The use of medical forensic data is associated with the research on specific physical evidence, different in origin of traces (mechanical, chemical, biological, electrical, ballistic, one etc.). Medical criminalistics is a certain system of scientific knowledge based on identification (or diagnostic or situational) research of certain objects: living persons, corpses (their parts), physical evidence 19 .

Digital Evidence and Issue of Digital Forensics
Digital Forensics is a promising area in the development of forensic knowledge and forensic science. Therefore, digital forensics can be considered as a strategic direction in the development of forensic science 20 . This area of criminalistics is 15 sometimes called Computer Forensics. Some scholars even see computer forensics as "applied science of investigating computerrelated crimes (incidents) in the study of digital evidence, methods of finding, obtaining, and capturing such evidence" 21 .
Development of digital forensics takes place in three main areas: 1) formation of a separate scientific field in criminalistics; 2) specific expertise application while working with digital evidence; 3) forensic examinations (in particular, computer and technical one) 22 .
Specialized sources focus on the need to study so-called "digital evidence" (digital information) information created using high information technology. In foreign countries, the digital evidence term has become widely used, meaning any stored data or data transmitted using computer or other technology. Digital evidence is factual data presented in digital form and recorded on any type of media 23 . Along with the digital evidence term, others are also used, for example: e-evidence, e-traces, digital information sources, e-documents, etc. 24 Paragraph 1  well as copies of information <…>contained in information (automated) systems, telecommunication systems, information and telecommunication systems, their integral parts, manufactured</…>by the investigator, prosecutor with professional involvement are recognized by the court as original document".
Digital evidence requires the latest approaches to their collection, storage, use and research in evidence in criminal proceedings. Pilot projects of Ukrainian scientists on the methods of crime investigation committed in cyberspace, construction of their forensic characteristics, determination of their investigation algorithm, as well as the singularity of specific expertise use forensic examinations while investigation of this category of criminal offenses deserve attention 25 .

Formation of Nuclear Forensics as a New Scientific Direction
In modern conditions, Nuclear Forensics is considered as a new branch of comprehensive scientific research, a type of forensic examination or a separate area of forensics. Nuclear forensics is a fairly new direction of scientific research, the emergence of which is due to the surge of nuclear smuggling and which is designed to provide answers to a number of questions related to the identification, purpose, degree of danger, origin and ways of transportation of detained nuclear, radioactive materials and radiation sources, which today is one of the most important issues of international security 26 .
In the reference literature, nuclear forensics is defined as a type of forensic science consisting in research on nuclear and other radioactive materials, finding evidence of their origin, place and ways of their illicit trafficking and enrichment, as well as weaknesses in such materials 27 . Nuclear forensics is the analysis of nuclear materials in order to obtain information about their origin, as well as methods of production and use. Due to the fact that methods of analysis used in nuclear forensics are mostly destructive, the choice of the correct set and sequence of methods for research on samples is one of the most important factors that allows professionals to solve their tasks 28 .
Literary sources suggest that nuclear forensics has a special place among nuclear security measures. At the same time, nuclear forensics is a systematic analysis of isotopic signatures, chemical properties and physical characteristics of nuclear or other radioactive material 29 . Nuclear forensics are believed to date back to the mid-1990s. Currently, nuclear forensics is recognized as an effective tool for strengthening regulatory control and physical protection of nuclear and other radioactive materials (NRM). Nuclear 26 Большаков В. Б., Косач Н. І. Регіональні лабораторії з ядерної криміналістики -інструмент МАГАТЕ і ЕС у боротьбі з міжнародним тероризмом.

Conclusions
Theoretical and cognitive model of forensics is considered in relation to the development of forensic sciences and forensics, as well as within its formation in legal doctrine. In modern conditions, the development of forensics is associated with the formation of both its internal structure (system) and the emergence of new industries (directions). In the structure of forensics, it is proposed to take into account its important section Forensic Strategy as a certain system of forensic means in combating crime for the long term (in particular, international cooperation in various forms).
Criminalistics is the science of forming evidence-based information. The subject of forensics traditionally includes patterns related to the processes of proof (collection, research, evaluation and use of evidence). The essence of the evidence and their formation at different stages of criminal proceedings are determined. Arguments on the formation of competitive forensics and forensic criminalistics are given. The need to use forensic knowledge by different parties to criminal proceedings both during pretrial investigation and trial is argued. The subject of criminal knowledge should be not only the investigator, but prosecutor, investigating judge, inquirer, the detective, judge, the lawyer.
Trends in criminalistics related to formation of its separate industries (directions): medical, genotype, computer (digital), aerospace and nuclear forensics are determined. Formation of new areas of criminalistics is due to scientific and technological progress, the introduction of new technologies, the need to identify specific traces and collect evidence (genomic, digital, nuclear ones, etc.). Definition of concepts of digital and nuclear forensics has been formulated.

Funding
This research did not receive any specific grant from funding agencies in the public, commercial, or not-for-profit sectors.

Disclaimer
The funders had no role in the study design, data collection and analysis, decision to publish, or preparation of the manuscript.

Contributors
The author contributed solely to the intellectual discussion underlying this paper, case-law exploration, writing and editing, and accept responsibility for the content and interpretation.

Declaration of Competing Interest
Although the author is a Journal's Co Editorin-Chief (this can lead to potential conflicts of interest or prejudice), the final decision regarding this article publication was made by other editors, following the reviewers' recommendations.