Expert’s findings in criminal proceedings on environmental crimes

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Authors:

M.А.Pohoretskyi, Dr. Sc. (Jurid.), Prof., orcid.org/0000-0003-0936-0929, Taras Shevchenko National University of Kyiv, Kyiv, Ukraine, e­mail: This email address is being protected from spambots. You need JavaScript enabled to view it.; This email address is being protected from spambots. You need JavaScript enabled to view it.; ­This email address is being protected from spambots. You need JavaScript enabled to view it.

D.B.Serhieieva, Dr. Sc. (Jurid.), Senior Research Fellow, orcid.org/0000-0003-1005-7046, Taras Shevchenko National University of Kyiv, Kyiv, Ukraine, e­mail: This email address is being protected from spambots. You need JavaScript enabled to view it.; This email address is being protected from spambots. You need JavaScript enabled to view it.; ­This email address is being protected from spambots. You need JavaScript enabled to view it.

О.S.Starenkyi, Cand. Sc. (Jurid.), orcid.org/0000-0002-4517-726X, Taras Shevchenko National University of Kyiv, Kyiv, Ukraine, e­mail: This email address is being protected from spambots. You need JavaScript enabled to view it.; This email address is being protected from spambots. You need JavaScript enabled to view it.; ­This email address is being protected from spambots. You need JavaScript enabled to view it.

Abstract:

Purpose.To highlight the problematic issues of using the expert’s findings in criminal proceedings on environmental crimes, to analyze new legislative changes regarding the procedural arrangements for conducting an expert examination in criminal proceedings, to identify their disadvantages and to provide scientifically substantiated proposals for their solving.

Methodology.The results are obtained through the application of general scientific and special research methods: system-structural, formal-logical (dogmatic), comparative, sociological, and statistical.

Findings.It has been established that in the criminal proceedings on environmental crimes the following types of expert testimony in court are carried out: 1) forensic environmental examinations and expert assessments in the field of environmental protection; 2) forensic examinations; 3) technical expertise; 4) other expertise. It is in these aspects that it is necessary to disclose the essence of expertise as a means of obtaining evidence in criminal proceedings on environmental crimes.The main reasons for the low effectiveness of the use of expert’s findings as evidence in criminal proceedings about environmental crimes are as follows: improper removal and packaging during the crime scene examination, inspection of objects, search, temporary access to things and documents of objects that are subsequently sent by an investigator, prosecutor or counsel for conducting an expert examination in criminal proceedings on environmental crimes; failure of  investigators, prosecutors carrying out investigative (search) actions to join relevant specialists who possess special ecological, biological, soil-agrochemical, geological, geographic, technical and other knowledge, for the extraction and packaging of these objects; improper storage of objects that are subsequently transferred for examination; investigators and prosecutors’ delaying the deadlines to initiate the issue of conducting an examination regarding those objects that quickly deteriorate and lose their physical properties; the lack of proper and expert expertise in the specifics of conducting expert examinations in criminal proceedings on environmental crimes.Using the method of system analysis and the formal-logical (dogmatic) method of research, it is proposed to consolidate the procedural arrangements for the appointment of an expert examination in criminal proceedings, which was in force until March 16, 2018, in the current legislation of Ukraine. In order to increase the effectiveness of the implementation of the principles of competition in criminal proceedings on environmental crimes, it is proposed to supplement Art. 243 CPC of Ukraine with new provision.

Originality.The grouping of expert testimony in court carried out in criminal proceedings on environmental crimes has been improved: 1) forensic environmental examinations and expert assessments in the field of environmental protection and protection; 2) forensic examinations; 3) technical expertise; 4) other expertise.

The article analyzes the provisions of the Law of Ukraine “On Amendments to the Commercial Procedural Code of Ukraine, the Civil Procedural Code of Ukraine, the Code of Administrative Justice of Ukraine and other legislative acts” of October 3, 2017, No. 2147-VII, which conceptually changed the mechanism of obtaining evidence by conducting an expert testimony in court in criminal proceedings. Disadvantages of this Law are identified and possible ways of optimization of the provisions of the current criminal procedural legislation of Ukraine are proposed.

Practical value.The practical significance of the obtained results is that they can be used by the subjects of the legislative initiative in improving the provisions of the current criminal procedural legislation of Ukraine, as well as by practitioners during the investigation on environmental crimes.

References.

1.Oderii, O. V., 2013. Analysis of the state and causes of the criminality against the environment in Ukraine: a complex criminalistic aspect. Scientific journal of Dnipropetrovsk State University of Internal Affairs [online], 1, pp. 504‒511. Available at: <http://nbuv.gov.ua/UJRN/Nvdduvs_2013_1_71> [Accessed 20 November 2017].

2.Verkhovna Rada of Ukraine, 2017. On amendments to the Commercial Procedural Code of Ukraine, the Civil Procedural Code of Ukraine, the Code of Administrative Legal Proceedings of Ukraine and other legislative acts: Law of Ukraine dated October 03, 2017 No. 2147-VII [online]. Available at: <http://www.rada.gov.ua/news/Novyny/149554.html> [Accessed 5 December 2017].

3.Verkhovna Rada of Ukraine, 2001. The Criminal Code of Ukraine: Law of Ukraine dated April 5, 2001 No. 2341-III. Database Legislation of Ukraine [online]. Available at: <http://zakon3.rada.gov.ua/laws/show/2341-14> [Acce­ssed 15 September 2017].

4.Turovets, Yu. M., 2011. Singularity’s Tourist’s Sheep of Usage of Special Knowledge at Fact-finding of Crimes against a Surrounding Medium. Forum of Law [pdf], 3, pp. 808‒812. Available at: <:///Users/admin/Downloads/FP_index.htm_2011_3_136%20(1).pdf> [Accessed 20 September 2017].

5.Vinogradova, A. I., 2012. Features the use of special knowledge of the initial investigation of violations of legislation on plant protection. Viche [online], 4. Available at: <http://veche.kiev.ua/journal/2980/> [Acce­ssed 5 November 2017].

6.Verkhovna Rada of Ukraine, 2017. About the assessment of environmental impact: Law of Ukraine dated May 23, 2017 No. 2059-VIII. Database Legislation of Ukraine [online]. Available at: <http://zakon5.rada.gov.ua/laws/show/2059-19> [Accessed 21 August 2017].

7. Verkhovna Rada of Ukraine, 2018. On Strategic Environmental Assessment: Law of Ukraine dated March 20, 2018 No. 2354-VIII [online]. Available at: http://zakon5.rada.gov.ua/laws/show/2354-19> [Accessed 19 April 2018].

8.Verkhovna Rada of Ukraine, 1995. About ecological examination: Law of Ukraine dated February 9, 1995 No. 45/95-ВР. Database Legislation of Ukraine [online]. Available at: <http://zakon3.rada.gov.ua/laws/show/ 45/95-rp> [Accessed 11 July 2017].

9.Verkhovna Rada of Ukraine, 2012. Criminal Procedural Code of Ukraine: Law of Ukraine dated April 13, 2012 No. 4651-VI. Database Legislation of Ukraine [online]. Available at: <http://zakon3.rada.gov.ua/laws/show/4651-17> [Accessed 23 August 2017].

10.Verkhovna Rada of Ukraine, 2017. The Law “On Amendments to the Commercial Procedural Code of Ukraine, the Civil Procedural Code of Ukraine, the Code of Administrative Legal Proceedings of Ukraine and other legislative acts” was adopted. [online] Available at: <http://www.rada.gov.ua/news/Novyny/149554.html> [Accessed 18 November 2017].

11.Turovets, Yu. M. and Kravchuk, O. V., 2014. Problems of the use of special knowledge in the investigation of crimes against the environment under the new criminal procedural legislation of Ukraine. Journal of Criminalistics, 2, pp. 21‒27.

12.Verkhovna Rada of Ukraine. Code of Criminal Procedure of Ukraine: Law dated December, 28, 1960  [online]. Available at: <http://zakon2.rada.gov.ua/laws/show/1001-05> [Accessed 20 June 2017].

13.The Code of Criminal Procedure of the Kyrgyz Republic of June 30, 1999 [online]. Available at: <http://kenesh.kg/EN/Articles/7312-UGOLOVNOPROCESSUALNYJ_KODEKS_KYRGYZSKOJ_RES­PUB­LI­KI_v_red_ZKR_ot_1032012g.aspx> [Accessed 14 July 2017].

14.The Code of Criminal Procedure of the Republic of Armenia of July 1, 1998 [online]. Available at: <http://www.parliament.am/legislation.php?sel=show&ID=1450&lang=eng#7> [Accessed 14 July 2017].

15.The Code of Criminal Procedure of the Republic of Kazakhstan dated July 4, 2014 [online]. Available at: <http://online.zakon.kz/Document/?doc_id= 31575852> [Accessed 9 November 2017].

16.The Code of Criminal Procedure of the Republic of Moldova of March 14, 2003 [online]. Available at: <http://base.spinform.ru/show_doc.fwx?rgn=3833> [Accessed 17 August 2017].

17.The Code of Criminal Procedure of the Russian Federation dated December 18, 2001 [online]. Available at: <http://www.consultant.ru/popular/upkrf> [Accessed 11 May 2017].

18.Code of Criminal Procedure of Turkmenistan: Law of Turkmenistan dated April 18, 2009 [online]. Available at: <http://www.base.spinform.ru/show_doc.fwx?rgn= 27706> [Accessed 3 August 2017].

19.The Code of Criminal Procedure of the Republic of Azerbaijan of July 14, 2000. No. 907-IG [pdf]. Available at: <https://www.unodc.org/tldb/pdf/Azerbaijan_Code_ of_Criminal_Procedure_in_Russian_Full_text.pdf> [Accessed 26 May 2017].

20.The Code of Criminal Procedure of the Republic of Belarus of July 16, 1999 [online]. Available at: <http://etalonline.by/?type=text&regnum=HK9900295#load_text_none_1> [Accessed 29 April 2017].

 

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ISSN (print) 2071-2227,
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Journal was registered by Ministry of Justice of Ukraine.
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