UDK: 343.985

Vladimir Eg. 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

Abstract. The current paper has considered the certain problematic issues that arise when using special knowledge in transport crimes’ investigation. Particular attention has been paid to the help of specialists when inspecting transport crime scenes, since even the most experienced specialist with a large amount of legal knowledge is unlikely to be able to correctly describe individual evidences found at the crime scene, correctly name this or that evidence or its destroyed part without the help of transport specialists. There has been noted that it is objectively impossible for one person (an investigator) to master all the intricacies of the most various transport modes, including railway transport, sea, aviation, subway, land transport. Moreover, each of the transport industries has a lot of transport infrastructure facilities. Only the help of specialists in a particular transport branch makes it possible to effectively investigate transport crimes. The attention has been drawn to certain gaps and drawbacks of the criminal procedure legislation, which negatively affect the determination of the competence and practical skills of a specialist involved in conducting certain investigations and preparing a report on questioned issues that require special knowledge for their resolution. There have been described in detail the requirements for the competence and knowledge of a specialist who was invited to carry out investigations or for consulting services on the questioned materials and in transport criminal cases. There have been identified the grounds for disqualification of a person invited as a specialist from participation in the investigation.

Keywords: transport crime; specialist; participation of a specialist; investigation; requirements for a specialist; selection and disqualification of a specialist.

References:

1. Sudenko, V. Ye. Transportnyye prestupleniya i prestupleniya, sovershayemyye na transporte [Transport crimes and crimes committed in transport] / V. Ye. Sudenko // Transportnoye pravo i bezopasnost'. — 2016. — № 8 (8). — S. 44―55.
2. Sudenko V. Ye. Taktika osmotra mesta zheleznodorozhnogo proisshestviya [Tactics of inspection of the place of a railway accident] / V. Ye. Sudenko // Mir transporta. — 2017. — T. 15. — № 1 (68). — S. 210-222.
3. Popov, V. L. Protsessual'nyye i metodologicheskiye osnovy sudebnykh ekspertiz po transportu [Procedural and methodological foundations of forensic examinations on transport] / V. L. Popov // Transportnoye pravo i bezopasnost'. — 2021. — № 1 (37). — S. 53―65.
4. Sudenko, V. Ye. Osobennosti osmotra ob"yektov zheleznodorozhnogo transporta po faktu terroristicheskogo akta [Features of inspection of objects of railway transport on the fact of a terrorist act] / V. Ye. Sudenko // Uchenyye zapiski Krymskogo federal'nogo universiteta imeni V. I. Vernadskogo. Yuridicheskiye nauki. — 2017. — T. 3. (69). — № 1. — S. 185―190.