Involvement of an expert and conduction of an expert examination within criminal proceedings in the environmental sphere

Keywords: a prosecutor, criminal proceedings, criminal offense against environment, pre-trial investigation, involvement of an expert

Abstract

The types of examinations which can be carried out within criminal proceedings in the environmental sphere have been determined. The procedure for involving an expert and conducting an expert examination within criminal proceedings in the environmental sphere has been revealed. The problematic aspects of an investigator, prosecutor’s activity at the specified stage of pre-trial investigation of criminal offenses against the environment have been highlighted.

It has been noted that during the determination of the types of examinations to be carried out within criminal proceedings in the environmental sphere, an investigator, prosecutor must take into account the circumstances of the case and the complex of tasks that done by the court examination.

The author has researched the problem issues arising at the stage of involving an expert, one of which is the referral to the examination of materials determined by an investigator at his discretion, which are insufficient for the examination. In this regard, the author has offered to extend the content of Part 7 of the Art. 244 of the Criminal Procedural Code of Ukraine, providing the necessity to include besides the questions posed to an expert, the list of materials of criminal proceedings (including expert samples) into the content of the decision on the order of conducting the examination, sent for examination, since in most decisions this question is not reflected by the investigating judges.

It has been noted that the absence of a certain subject at the level of criminal procedural law authorized to appoint an audit, inspections within criminal proceedings, sometimes prevents the conduction of an examination. The author has proved the necessity of amending criminal procedural law in order to provide the investigating judge with the authority to appoint audits, inspections within criminal proceedings, as well as the detailed regulation of the procedure for applying to an investigating judge with the request for the appointment of an audit or inspection, requirements for such a request, the procedure and terms of their consideration, procedures for extending the terms of inspection or audit.

According to the results of the study, the author has concluded that the activities of a prosecutor at the stage of involving an expert and conducting an examination within criminal proceedings in the environmental sphere should be focused on the control: the correctness of the definition of the type of expert examination by an investigator and the timeliness of the appeal to the investigating judge with the request for the examination, completeness and quality of materials sent to an expert for the examination, adherence to the procedure for carrying out the examination and compliance with the expert’s opinion with the requirements of the law, etc.

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Author Biography

L. Yu. Misiura, National Prosecution Academy of Ukraine

Department of prosecutors preparation to supervise the observance of laws by the bodies conducting operative-search activity, inquiry and pre-trial investigation.

References

Pyrih I.V., 2011. Criminal Procedural Regulation of the Appointment and Conduction of an Examination [Kryminalno-protsesualna rehlamentatsiia pryznachennia ta provedennia ekspertyzy]. Naukovij vìsnik Dnìpropetrovsʹkogo deržavnogo unìversitetu vnutrìšnìh sprav – Scientific Bulletin of the Dnipropetrovsk State University of Internal Affairs, No. 4, pp. 449-458.

Knizhenko S.A., 2005. Criminalistical characteristic and main regulations of investigation of ecological crimes [Kryminalistychna kharakterystyka ta osnovni polozhennia rozsliduvannia ekolohichnykh zlochyniv]. Ph.D. dissertation. Kharkiv National University of Internal Affairs.

Pylypenko O.M., 2016. Using modern features forensic examinations in the investigation of illegal logging [Vykorystannia suchasnykh mozhlyvostei sudovykh ekspertyz na pochatkovomu etapi rozsliduvannia nezakonnoi porubky lisu]. Vìsnik Lugansʹkogo deržavnogo unìversitetu vnutrìšnìh sprav ìmenì E.O.Dìdorenka – Bulletin of Luhansk State University of Internal Affairs named after E.O.Didorenko, No. 4, pp. 232-241.

Panko N.A., 2013. Interrogation of the expert in court as a way of an assessment of its conclusion [Dopyt eksperta v sudi yak zasib otsinky ioho vysnovku]. Časopis Kiïvsʹkogo unìversitetu prava – Law Review of Kyiv University of Law, No. 1, pp. 280-283.

Orlov Yu.K., 1985. An Expert’s Opinion as a Source of Conclusions within the Court Proving (criminal and procedural, forensic, logical and epistemological problems) [Zaklyuchenie eksperta kak istochnik vyvodnogo znaniya v sudebnom dokazyvanii (ugolovno-protsessualnye, kriminalisticheskie i logiko-gnoseologicheskie problemy)]. D.Sc. dissertation. Nationwide Law Correspondence Institute.


Abstract views: 103
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Published
2018-12-27
How to Cite
Misiura, L. (2018) “Involvement of an expert and conduction of an expert examination within criminal proceedings in the environmental sphere”, Law and Safety, 71(4), pp. 66-71. doi: 10.32631/pb.2018.4.09.

Section
THEORY AND PRACTICE OF LAW ENFORCEMENT ACTIVITY