UDK: 343.346

NamVladimir E. Sudenko - Candidate of Law, docent, associate professor of the department ‘Criminal Law, Criminal Procedure and Criminalistics’ of the Law Institute of the Russian University of Transport , honorary worker of higher education of the Russian Federation

Aminat M. Dalgatova - post graduate student of the department ‘Criminal Law, Criminal Procedure and Criminalistics’ of the Law Institute of the Russian University of Transport

Aiganym G. Kurasheva - post graduate student of the department ‘Criminal Law, Criminal Procedure and Criminalistics’ of the Law Institute of the Russian University of Transport

Abstract. The current paper has considered the features of the application of special knowledge in the field of transport security, necessary to investigate and solve transport crimes. Special attention has been paid to the distinction between an expert and a specialist, which can be carried out by the nature of the activities carried out by them. The specialist is involved in the investigation when his knowledge and practical experience can help the investigator to find, record and take some evidence in a criminal case. As for the expert, he participates in the process of carrying out the appointed examination, and gives answers to the questions of the investigator, on which he prepares his conclusion. In addition, the reasons for the activity of a specialist in the detection and seizure of evidence are the investigator’s instructions, and it is done under his control, which results in conclusions arising from the facts established by him. At the same time, the conclusions drawn on the basis of the expert's knowledge have the character of a consultation, which makes them different from the conclusions prepared by the expert. This quality allows specialists not only to participate in criminal proceedings within the framework of the criminal procedure law, but also to use it effectively. At the stage of preliminary investigation, the need to use special knowledge may manifest itself either in the form of consulting or in the form of direct participation in investigative actions, which confirms the exclusion of consulting from the list of investigative actions. In practice, consulting is manifested in the use of special knowledge of a specialist who has a narrowly focused nature of those specific knowledge in which the investigator does not have the proper competence, to clarify certain issues of the investigation.

Keywords: transport crimes; using special knowledge in solving crimes; persons with special knowledge.

References:

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