Статья

Valeriy L. Popov. Transport examination: problems of theory and practice

UDK: 343.148.6


Valeriy L. Popov - senior lecturer of the department ‘Criminal Law, Criminal Procedure and Criminalistics’ of the Law Institute of the Russian University of Transport


Abstract. Judicial practice shows that the successful investigation of most criminal cases today is impossible without the use of forensic examination, which, due to nowaday advances in scientific and technical means and methods, is the most effective way to apply special knowledge that has evidentiary value in criminal proceedings. There are crimes where it is impossible to do without forensic examination. This kind of criminal cases include crimes that violate traffic safety and the operation of transport, provided for in Ch. 27 of the Criminal Code of the Russian Federation. At the same time, with the modern development of forensic examination in the governmental forensic institutions there were no and there are still no forensic specialists to support the investigation of railway, air, maritime and water transport. At the same time, such examinations are carried out on a paid basis by non-governmental non-profit forensic organizations, without appropriate forensic t qualifications and without clearly established methods and methods of their production. As a result, there is no objectivity, completeness and reliability of the conducted examination, since it conflicts with the theoretical and methodological foundations of forensic examination. To understand this, there have been studied the reasons for the existing forensic practice in the transport block and there have been proposed the measures within the framework of the Law Institute of the Russian University of Transport that can and should move the solution to this problem in a positive direction.


Keywords: examination; conclusion; safety; transport; railway; maritime; air; water; underground; IAC commission; forensic scientist; incident; descent; method; technique.


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