Journal article Open Access
L.Yu. Grekova, I.I. Romanovych
This article highlights some of the problematic issues related to the definition of the subjects of use of forensic technology nowadays, analysis of norms of the current criminal procedural legislation of Ukraine, regulating the issues (procedure) of the use of technical means in criminal proceedings, particularly institute of the defense party in the part of the rights of the suspect, accused, their defense counsel, as well as scientific and substantiated proposals for their solution.
The article deals with the essence of the concept of "forensic technique" in various aspects: as a section of forensic science and a set of technical means used in the investigation of criminal offenses. It explores the views of various Ukrainian scholars on the concept of "forensic engineering" and its place in modern legal science.
The author analyzed the importance of scientific and technical means in forensic practice and considered the problem of legal definition of the concept of "technical and criminalistics means"
The article identifies and describes the subjects of forensic technology, in particular, investigators, specialists, forensic experts and others forensic workers and operatives. The author draws attention to the problem of legislative regulation of the basics of use of forensic technology. Perspective directions of investigation of the place of forensic techniques in criminal proceedings are determined. In particular, attention was drawn to the need to clarify in the current Criminal Procedure Code the regulation of the procedure for the use of technical means by the subjects of criminal justice in the conduct of investigative actions, as well as the regulation of the legal bases for the use of forensic equipment in general.
The author has highlighted the problematic aspects of the right of the suspect or accused to use technical means in carrying out the procedural actions in which he participates. The author emphasized the problem of lack of homogeneity in the scientific interpretation of the term "forensic technology", which directly influences on the definition of subject composition and the proper use of technical and forensic means in the criminal process.