FORENSIC EXAMINATIONS DURING THE INVESTIGATION OF CRIMINAL OFFENSES IN THE FIELD OF LAND USE, SUBSOIL PROTECTION, AND ATMOSPHERIC AIR

Анотація

The study is devoted to typical forensic examinations during the investigation of criminal offenses in the field of land use, subsoil protection, atmospheric air. Taking into account the provisions of the current Criminal Procedure Code of Ukraine, it is possible to distinguish three procedural forms of the use of special knowledge that can be used in the investigation of criminal offenses against the environment: independent use of special knowledge by the investigator; participation in criminal proceedings of a specialist; examination. It is noted that forensic examination is the most effective means of performing investigative tasks in proceedings on criminal offenses in the field of land use, subsoil protection, atmospheric air, provided strict compliance with the requirements of criminal procedural legislation, regarding the appointment and conduct of this investigative (search) action. It is emphasized that expertise in the mentioned proceedings should be appointed only in the case when there is a real need for it, when without an expert’s answer to certain questions it is impossible to establish the circumstances of a criminal offense. The analysis of the researchers’ theoretical work and the study of investigative and judicial practice materials made it possible to identify the following main types of expertise that are carried out during investigations in the field of land use, subsoil protection, atmospheric air: ecological, forensic chemical, forensic expertise on land management, soil science, construction and technical technical, technological, toxicological, construction-technical, agro-technical, forestry, forensic-medical, medical-sanitary, forensic-veterinary. It was also concluded that during the investigation of the specified illegal acts, other types of forensic examinations may be appointed, including, in particular, engineering and technical, biological, dactyloscopic, handwriting, technical and forensic examination of documents, evaluation and land, forensic and material science examination of oil products, lubricants, fuel and lubricant materials, examination of computer equipment and software products, etc. Arguments are given that depending on the needs of the investigation, the specified types of forensic examinations can be assigned both at the initial and at the next stage of the investigation.