ESSENCE, STRUCTURE AND OBJECTIVES OF SPECIAL KNOWLEDGE USE FOR LEGAL PROCEEDINGS


  • M. G. Scherbakovsky
Keywords: special knowledge, legal proceedings, legal knowledge, forms and purposes of special knowledge use

Abstract

The article reveals the content and properties of procedural Special Knowledge concept. It is demonstrated that special knowledge includes a set of systematized data or information from various fields of human activity. It is proposed to refuse the listing of concrete types of knowledge (science, technology, art, craft), included in the concept of Special Knowledge for the Criminal procedure code. The problematic aspects of practical activities that arise in connection with the formulation and decision of legal issues by expert are highlighted. Author, like other lawyers, considers that only professional participants in legal proceedings (judge, investigator, prosecutor and lawyer) solve legal issues based on their legal knowledge. Therefore, in legal proceedings, knowledge from the field of law cannot relate to the special knowledge. Based on literature data analysis, the author comes to the conclusion that forensic science consists of two parts: forensic science general theory and the methodological grounds of various types of examinations. Methods and techniques used while expert research and solving assigned tasks are related to forensic expert Special Knowledge. Based on the provisions adopted by pedagogy and psychology, it is proved that the skills and abilities of competent person are not part of special knowledge. Special knowledge is used while legal proceedings based on the skills and abilities of trial participants. Special knowledge is acquired through formal or informal (independent) competent person education. Procedural knowledge regulated by codes and non-procedural forms of special knowledge are widely used while legal proceedings. The purpose of special knowledge applying is to obtain evidentiary or orientation information about the offense. Evidentiary information is the content of evidence and orienting information is necessary for procedural, organizational or tactical decisions to be done by the investigator, prosecutor, defense counsel and judge.


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Published
2018-12-26
How to Cite
Scherbakovsky, M. G. (2018). ESSENCE, STRUCTURE AND OBJECTIVES OF SPECIAL KNOWLEDGE USE FOR LEGAL PROCEEDINGS. Theory and Practice of Forensic Science and Criminalistics, 18, 184-193. https://doi.org/10.32353/khrife.2018.20
Section
GENERAL REGULATIONS OF FORENSIC EXAMINATION