THE NOTION OF SUBJECTS OF SCIENTIFIC AND SCIENTIFIC AND TECHNICAL ACTIVITY IN THE ASPECT OF EXPERT PROVISION OF JUDICIAL POWER


  • О. О. Sviderskyi
Keywords: legal subjects, subjects of legal relations, scientific activity; scientific and technical activity, subjects of scientific and scientific and technical activity, forensic examination, scientific researches in the field offorensic examination

Abstract

The paper examines the essence of notion subjects of scientific and scientific and technical activity. Approaches to understanding of the category subject and subject of legal relations are analyzed. The attention is focused on the essence and characteristic features of notions scientific and scientific and technical activity. Provisions of applicable national legislation defining legal bases of scientific and scientific and technical are considered. Author ’s vision of the essence of the notion scientific and scientific and technical activity in forensic examination is presented. Scientific activity in research forensic-expert institutions is related with working out of theoretical positions of forensic examination and methods of forensic expert researches, but scientific and technical activity is directed on working out of the technical means for the decision ofproblems of forensic expert activity. The author specifies that the following characteristic features are inherent for scientific and scientific and technical activity in the scope of forensic expertise: it’s based and regulated with normative-legal prescriptions; it’s carried out by the persons having education in the corresponding area; it’s intellectual and creative; directed on achievement of legislatively defined purpose - realization of fundamental and applied researches with the subsequent obtaining and use of the received new knowledge for the decision ofproblems in the field of forensic examination. The essence of the notion subjects of scientific and scientific and technical activity in the forensic examination may be revealed as the totality ofphysical and legal persons who, possessing corresponding education, being guided with prescriptions of the applicable national legislation, carry out creative intellectual activity, whose purpose is carrying outfundamental and applied researches with the subsequent obtaining and use of the received new knowledge for the decision ofproblems in the field of forensic examination.


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Published
2017-11-29
How to Cite
SviderskyiО. О. (2017). THE NOTION OF SUBJECTS OF SCIENTIFIC AND SCIENTIFIC AND TECHNICAL ACTIVITY IN THE ASPECT OF EXPERT PROVISION OF JUDICIAL POWER. Theory and Practice of Forensic Science and Criminalistics, 17, 191-197. https://doi.org/10.32353/khrife.2017.24
Section
GENERAL REGULATIONS OF FORENSIC EXAMINATION