Published December 30, 2019 | Version v1
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Законність, незалежність, об'єктивність та повнота дослідження судово-експертної діяльності

  • 1. ПВНЗ «Львівський університет бізнесу та права»

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The principle of legality is the fundamental idea of building a Ukrainian state on an equal footing with the rule of law. Both principles are enshrined in the current Constitution. In particular, Article 8 of the Basic Law states that the rule of law is recognized and enforced in our country. The Constitution of Ukraine has the highest legal force. Laws and other legal acts are adopted on the basis of the Constitution of Ukraine and must comply with it.

There are many different scientific perspectives on the basics of expert institutions. At the same time, it is necessary to ascertain their general imperfection, because in all cases attention is focused not on the practical activity of a particular expert institution, but on forensic activity as an independent phenomenon. In this regard, we propose our own view of these issues. According to him, the activity of research expert forensic institutions of the Ministry of Internal Affairs of Ukraine is based on two groups of principles, namely: the general principles of conducting judicial and expert activity in Ukraine and the principles of work of the expert institutions of the Ministry of Internal Affairs directly.

The principle of objectivity and completeness of the research in the activity of research expert forensic institutions of the Ministry of Internal Affairs of Ukraine is manifested in the proper fulfillment by the officials of these departments of their duties during the examination and the provision of expert opinions. In essence, the essence of this principle is reduced to the requirement of a comprehensive study of specific questions put to the expert.

Thus, the activity of research expert forensic institutions of the Ministry of Internal Affairs of Ukraine is based on three key principles of expert activity, which constitute the first group of principles of work of this system of state bodies.

At the same time, we believe that there are also other principles on the basis of which the MIA's expert institutions operate. Their allocation is conditioned by the content, orientation and peculiarities of the activity of the research-forensic expert-criminalistic institutions of the Ministry of Internal Affairs.

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