Peculiarities of appointment and conduct of forensic construction and technical examinations under martial law

Анотація

The article examines the peculiarities of appointment and conduct of forensic construction and technical examinations during martial law. Based on a thorough analysis of the current legislation, scientific opinions of scientists and forensic practice, the author analyses the current state of expert support in the field of construction and technical research and the impact of this legal regime. The article provides statistical data on the number of registered cases of violation of the laws and customs of war since the beginning of the full-scale invasion of Ukraine by the Russian Federation. The author highlights the problematic issues and reasons that impede the conduct of forensic examination, including the safety of specialists, restriction of free access directly to the crime scene or the absence of such an opportunity. The author focuses on compliance with the procedural requirements for obtaining documents and the procedure for providing materials for examination, and provides recommendations on their preparation. The author formulates a list of issues that are important for the investigation and need to be resolved by conducting a construction and technical expertise, including the cost of restoration work as a result of the destruction of the building, the amount of material damage caused by the destruction of the object, and the establishment of what damage occurred as a result of artillery shelling of the building, etc. Practical recommendations are given on how to draw up a resolution on conducting a forensic examination, as well as annexes to it. The issues of interaction with other services and involvement of specialists from other branches of forensic science are highlighted.