ABOUT CONCEPT DEFINITION OF FORENSIC SCIENCE IN ADMINISTRATIVE PROCEEDINGS


  • O. P. Snigerov
  • S. O. Andrenko
Keywords: examination, research, administrative proceedings, form of action, procedural relations, expert, case.

Abstract

This article is devoted to research on specifics definition of Forensic science concept, a description of its essence and content in administrative proceedings. Authors emphasize that concept definition of forensic science in administrative proceedings and a description of its legal nature is of theoretical and practical importance, since correct solution of this issue determines the correct order establishment and limits of application of expertise in administrative process. The most well-known points of view of the wording of the term Forensic science are analyzed, which are included in encyclopedic editions, their comparison is carried out with presented in the existing normative legal acts and those supported by modern legal science. As a consequence of forensic science consideration as a legal institution, as a system of procedural relations and as a system of procedural actions, it was ascertained that these are all only various levels of this phenomenon concretization as a legal one. Attention is paid to the fact that forensic science does not exist outside the procedural "shell", outside the administrative procedural form it is impossible to obtain the expert's conclusion as a forensic evidence and any rule breaking while appointment or examination performing, or evaluation of the expert's conclusion devalues this conclusion significance regardless of its content. It is proved that first of forensic science in administrative process is an independent legal institution that is a set of rules of administrative procedural law that regulate administrative procedural relations in aspect of appointing, performing, receiving and evaluating the expert's conclusion. Authors pay attention to the fact that these norms are implemented through the administrative and procedural relations that arising between administrative court, administrative process participants and a forensic expert as a result of certain procedural actions commission. Moreover, an examination is also a set of special procedural actions strictly regulated by law and aimed at obtaining forensic evidence that means expert's conclusion.


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Published
2018-12-26
How to Cite
Snigerov, O. P., & Andrenko, S. O. (2018). ABOUT CONCEPT DEFINITION OF FORENSIC SCIENCE IN ADMINISTRATIVE PROCEEDINGS. Theory and Practice of Forensic Science and Criminalistics, 18, 231-240. https://doi.org/10.32353/khrife.2018.25
Section
GENERAL REGULATIONS OF FORENSIC EXAMINATION