PRINCIPLES OF FORENSIC SCIENCE


  • I. V. Pyrih
  • I. R. Shynkarenko
Keywords: forensic expertology, forensic expert activity, principles, objectivity, determinism, legality, independence

Abstract

Analysis of the scientific opinions allowed formulating principles of forensic expertology as an independent science that is the basis of forensic expert activity. Principles of forensic expert activity are highlighted, their correlation with scientific principles is determined. Contents of each principle are disclosed and own understanding of advisability of their application is presented. The basic principles of forensic expertology are determinism, objectivity and systemacy. The principle of determinism embracing the principle of historicism consists in examining the subject of forensic expertology from the point of view of dialectical interconnection regularities and interconditionality of processes arising while performing expert research. The principle of objectivity consists in establishing regularities of forensic expertology solely on the basis of the object research using special knowledge, regardless of social, political and other processes that occur in society. The systemacy of forensic expertology, like any other science, consists in considering its separate components as a single whole, a system of knowledge. On the basis of legislation analysis and scientific opinions, authors determined that the principles of forensic expert activity are also legality and independence. The principle of legality is that officials who are subjects of expert activity are obliged to meet legislation requirements in strict conformity with their content. The principle of expert independence should be understood as absence of interference in him activities of any other person. Analyzing principles of forensic science, authors come to the conclusion about pointlessness of fixing of principles of expert activity in legislative acts, namely in the Аrt. 3 Laws of Ukraine «On forensic science». Principle of legality is stopped up in Constitution of Ukraine, procedural norms expert activity is expounded in many Codes and Laws of Ukraine. Superfluous duplication in this case is unnecessary.


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Published
2018-12-26
How to Cite
Pyrih, I. V., & Shynkarenko, I. R. (2018). PRINCIPLES OF FORENSIC SCIENCE. Theory and Practice of Forensic Science and Criminalistics, 18, 221-230. https://doi.org/10.32353/khrife.2018.24
Section
GENERAL REGULATIONS OF FORENSIC EXAMINATION