ART FORENSICS IN INVESTIGATING AND PROVING SMUGGLING OF CULTURAL PROPERTY

Abstract

The purpose of this article is to determine the specifics of appointment of art forensics during investigation of the smuggling of cultural values, to reveal the significance of the expert’s conclusion for the process of proof. For achieving this goal, such general scientific methods as analysis and synthesis, the method of system analysis, logical-structural, generalization, etc. were used. It was found that art historical expertise is a rather rare phenomenon for law enforcement activities, but it is mandatory for appointment during investigation of smuggling of cultural values, because certifying the fact that a specific object has artistic, historical, ethnographic and scientific significance, which is the basis for its further preservation, reproduction and protection, is exclusively within the competence of specialists with the appropriate status. It was established that during the investigation, investigators quite often address the question of whether an object belongs to the category of cultural values to forensic expert, however, the solution of this issue is already the competence of lawyers. The competence of forensic expert consists in determining artistic level, historical significance, cultural value and condition of the work. In view of this, it is emphasized that before making a decision to appoint an art expert, it is advisable to consult with a specialist in the field of art history; this allows to properly formulate expert tasks, clarify the research topic of and ensure quality of subsequent conclusion and the collected evidence. It was found that the assessment of the expert’s conclusion during the pre-trial investigation involves finding out whether all the tasks assigned to the expert have been solved, for what reasons some of them cannot be solved or what influenced the impossibility of solving them, and whether it is advisable to appoint an additional examination. At the assessment stage, it is important to pay attention to whether the conclusion reflects information about the expert’s qualifications and competence in the relevant field of knowledge. During the trial, at the stage of evaluating the expert’s conclusion, his interrogation may be conducted. Although the law does not directly determine the subject of the expert’s interrogation at the stage of pre-trial investigation, in accordance with the legal nature of forensic examination, interrogation should concern only those circumstances that became known to the expert in connection with the performance of forensic research or those that are important for the proper assessment of the conclusion. It is justified that during investigation of the smuggling of cultural values, it is prudent to appoint an art historical examination, and not to resort to other forms of specific expertise application, because only the conduct of the examination will guarantee the receipt of evidence that meets the criteria of admissibility, relevance and reliability and therefore can be used as the basis for proof.