LEGAL NATURE OF THE TERM OF PRECIOUS STONES IN FORENSIC EXAMINATION: PROBLEMS AND WAYS FOR THEIR RESOLUTION

Abstract

The article addresses general issues of applying the regulatory adopted term “precious stones” regarding forensic examination practice in Ukraine, including in the field of subsurface resources management and gemological evaluation of jewelery. It is shown that domestic legal framework requires to introduce a separate law on gemstones circulation taking into account general principles of property valuation and consumer rights protection.

The Article Purpose is to formulate an author’s contribution to the analysis of problems connected with disclosure of gemstones legal nature in the field of forensic science and the development of proposals for their possible overcoming.

The necessity in special legal regulation of activity on mining, production, use, storage of gemstones and manufactures thereof, forensic examination and control over operations with it, is defined by intensity of its circulation as well as by the character of legal objects: their rarity in nature, high cost, easy falsification, and, consequently, by increased attention from fraudsters and criminals. The current situation demands to adopt corresponding regulatory measures aimed at ensuring valuables economic use, protecting gemstone consumers from fraud, preventing the use of valuables while legalizing acquired illegally funds.

According to the authors, the article outlines three components of which legal nature of a stone is formed in forensic science: 1) the meaning content in which the term “precious stones” is used in gemological legislation; 2) criteria which are the basis of gemstones classification; 3) unambiguity and clarity of definitions associated with gemstones in forensic legislation.

The term “gemstones” in forensic science has subsidiary meaning, since in this case the stone cost should possess a dominant meaning as an object of forensic gemological analysis.

Existing gemological classifications are not of modern scientific and practical interest, as the lack of a gemstone cost indicator makes them declarative in terms of forensic science.

Forensic gemological analysis should be guided by the requirements of gemological, forensic and procedural branches of legislation, and precious stones acting as its object should be considered as property (goods) which is characterized by specific signs of a physical, economic and legal nature as well as an identifier.