SOME CURRENT PROBLEMS OF FORENSIC EXPERT ACTIVITY IN CRIMINAL PROCEEDINGS

Abstract

The article examines some of the problems of legislation on forensic expert activity in criminal proceedings in Ukraine. Although expertise has long been part of the practice of criminal justice as an integral part of the system of procedural actions, its role as an objective means of proof is constantly growing. However, there are problems at the level of Ukrainian legislation which do not contribute to the sufficient efficiency of criminal proceedings. The author has found out that forensic expert activity in Ukraine is regulated by the Law of Ukraine “On Forensic Expertise”, which has undergone numerous amendments and additions over the years, but no version contains a clear definition of “forensic expert activity”, which leads to its ambiguous interpretation in the application of the provisions of this Law and creates difficulties for experts and for the subjects of forensic examination. The article also studies some changes in the legislation on criminal procedure introduced in Ukraine, including during martial law. Although the Criminal Procedure Code of Ukraine has been subject to significant changes in criminal proceedings, they did not solve some problems in procedural matters. In addition, the solution of tasks by the subjects of forensic and criminal procedure activities under martial law is complicated by crime increase, which is confirmed by statistics from the Prosecutor General’s Office of Ukraine. The nature of crimes characterized by an increased level of public danger also changed significantly. After studying the relevant problems, the author concludes the following: – it is necessary to develop a single coordinated approach to using terms in forensic expert activity by adopting a new regulatory act on forensic expert activity, which will contain a unified understanding of its key concepts; – to reduce crime rate, especially in wartime, effective crime prevention strategies are needed: it requires a comprehensive approach and joint action by the state, military and civilians, international and humanitarian organizations. These tasks can be achieved only through such cooperation and coordination.