Organizational and legal principles of forensic examination in the field of road infrastructure

Abstract

The aim of the work is to analyze the offenses committed in the field of road infrastructure and to identify the main areas of criminal activity, for which investigation specific expertise in the form of forensic examination is applied. The methodological basis of the study of this problem was general, separate and special cognition methods.

The results of performed research demonstrate possibility of distinguishing two main areas of criminal activity in the field of road infrastructure. These are official crimes related to the field of official and professional activity, as well as war crimes related to unforeseen destruction of road infrastructure. Thus, one of socially dangerous manifestations in this area are crimes related to road construction. While investigating issues of compliance of the developed project-technical and estimate documentation with the requirements of regulatory acts in the field of road construction, as well as questions of determining compliance of the completed construction works and built objects with the project-technical documentation, often arise. Such issues can be resolved if forensic expert (experts) have relevant professional knowledge in the design, construction and operation of roads, taking into account the characteristics of road infrastructure objects. At the current stage, when all Ukrainians feel consequences of Russian aggression, another problem is clearly visible. After all, for all the crimes of this shameful war, the enemy must suffer a just punishment, and the victims must receive compensation for the material and moral damage caused to them. In connection with the emergence of new tasks that arise during the investigation of war crimes committed by the aggressor country, the question of the appropriate level of expert provision of justice in conditions of war that is directly related both to increasing effectiveness of the inspection of the scene of the event and to further conducting forensic examinations. Taking into account the fact that a huge number of objects were damaged and destroyed, there was a need to use the latest methods and approaches to effectively counteract the specified manifestations of crime, in particular, development of effective system of expert justice provision at the stages of pre-trial investigation and subsequent judicial review of cases. Thereby it is important to provide expert investigation of crimes related to the establishment of damages to the state, individuals and legal entities from the destruction of immovable and movable property.