The advisability of using the term "production of forensic expertise" in the criminal procedural legislation of the Russian Federation
Автор: Svetlichny Alexander A.
Журнал: Вестник Восточно-Сибирского института Министерства внутренних дел России @vestnik-vsi-mvd
Рубрика: Уголовно-правовые науки (юридические науки)
Статья в выпуске: 3 (106), 2023 года.
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Introduction: The question of the meaning of terms in science is quite rightly and justifiably presented by scientists as one of the most difficult, because it affects the global problems of cognition. Cognitive environment is a very complex phenomenon, imperceptibly influencing a person and determining his thinking, actions and in general - his worldview. Language, being a reflection of human existence and consciousness, has gone through all stages of development together with man and society. In this regard, the problem of the meaning of the term has a long history and different terminological shell (form). At the same time, today in the system of criminal law sciences there are a number of unresolved issues regarding the content, meaning and use of some terms both in theory and in practice. We believe that one of such examples is the use by the legislator of the term "forensic examination" in the title of Chapter 27 of the Code of Criminal Procedure of the Russian Federation. In accordance with this, the purpose of writing this article is an attempt to consider the question of the appropriateness and correctness of the use of this wording by the legislator through the prism of terminological analysis. From the standpoint of the terminological aspect, the place and significance of forensic examination in the system of investigative and procedural actions is analyzed. Materials and Methods: the normative base of the study was the Constitution of the Russian Federation, the criminal procedural legislation of the Russian Federation, other legal acts regulating the procedure for the appointment and production of forensic examination, as well as scientific research by domestic and foreign scientists on the identified issues. When writing the article, the fundamental provisions of materialistic dialectics were used, as well as general and particular methods of scientific knowledge, including historical and comparative legal, logical and philosophical, generalizations, descriptions, and others. The theoretical and practical significance of this work is determined by the provisions and conclusions formulated in it, aimed at improving the terminological apparatus of both criminal procedure law, forensic expertology, and criminal law sciences in general. The Results of the Study: Based on the analysis of the normative-legal base of the system of preliminary investigation, as well as legal sources of appointment and production of forensic examination, theoretical positions of various scientists, the author provides a reasoned opinion on the role and place of forensic examination in the system of investigative actions. This allows us to judge the terminological inaccuracies that currently exist in the title of Chapter 27 of the Criminal Procedural Code of the Russian Federation. Findings and Conclusions: It is concluded that the use of the term "forensic examination" by the legislator in Chapter 27 of the Criminal Procedure Code of the Russian Federation conflicts with the content of the term "production" and the subject of activity in relation to the production of forensic examination. The presence of this terminological contradiction introduces ambiguity in its understanding not only in theory, but also in practice, makes it difficult to comprehensively understand the entire system of preliminary investigation, levels out the institution of knowledgeable persons.
Terminology, evidence, investigative actions, procedural actions, forensic examination, appointment of forensic examination, expert, investigator
Короткий адрес: https://sciup.org/143180729
IDR: 143180729 | DOI: 10.55001/2312-3184.2023.19.68.016