CONTENT AND SYSTEM OF FORENSIC LAW SOURCES: THE GENERAL PART

Abstract

The problem of studying forensic law sources, as an element of the national legal system, is becoming urgent today. By studying their systemic properties, the possibility of scientific forecasting in the development of the legal system tendency, determining courses of the most effective steps to improve the entire mechanism of legal regulation of forensic relations’ complex is increasing.

The article purpose is to conduct research on the prerequisites for systematizing the modern array of the forensic science legal basis in Ukraine and to identify theoretical and applied peculiarities for the formation of the general part content in the system of forensic law sources.

To uncover the problem and subject of examination, as well as to accomplish the tasks, the synthesis method was used, which helped to identify the main areas of legal regulation and the system of general forensic relations, the formal legal method helped to clarify the content of forensic legislation legal norms.

Attention is drawn to the fact that the legal construction of the general part of the current Law on judicial examination from the point of view of legal technique in general and rule-making in particular is an example of legislative anachronism in which neither substantive nor formal requirements of the culture of law-making are properly observed, what directly complicates its implementation, compliance and application.

The need for injunctions of a general nature is emphasized with the purpose for a better understanding of the essence, objectives and content of specific injunctions. In general provisions of the basic act of forensic legislation it is offered to combine injunctions that define: the concept, terminology, content, legal basis, objectives, principles of forensic activity and their content, subject and object composition of forensic examination, as well as the powers of state, interdepartmental, departmental and public bodies on state regulation and forensic management.

It has been established that the content of most sources of forensic law testifies to the differentiation of their injunctions, which can be carried out in a special part according to three generic criteria: the type of forensic activity entity (based on departmental subordination, form of ownership); type of forensic examination; type of legal proceedings.

Arguments on the lack of a single scientifically based system of interconnected regulatory legal acts of forensic legislation are presented, which, as a result, created the social prerequisites for its systematization in the form of codification. The course of the highest degree of legislation perfection is substantiated, which should be presented in the form of Forensic Code of Ukraine.