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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. Nowadays it is impossible to imagine the disclosure and investigation of a criminal case, whether it is a railway accident or an automobile-pedestrian accident, without a forensic examination. For many years, forensic examination has been positively distinguished among others by the fact that its starting point is an objectivity and reliability, which are largely guaranteed by the institution of norms and rules enshrined in codes, laws and other regulatory legal acts. This reputation is due to the state forensic examination, which until the 2000s practically occupied the entire judicial space. Today, the new types and kinds of forensic examinations which include study of breaking traffic rules and operation rules of railway, air, sea and inland water transport and the subway, are increasingly provoking issues of their objectivity and reliability. This is partly due to the fact that state forensic structures are inert to the development of new types of examinations, and therefore such examinations are carried out by persons who are not involved in state forensic structures, and as a result, they give rise to a set of problems of a procedural and methodological nature. The abovementioned issues have been analyzed in the current paper, and there have been given the recommendations that will make forensic study more reliable.

Keywords: forensic examination; conclusion; examiner; method; technique; transport.

References:

1. Aver'yanova, T. V. Pravovyye problemy sovershenstvovaniya i ispol'zovaniya metodov ekspertnogo issledovaniya [Legal problems of improving and using methods of forensic analysis]// Kriminalisticheskiye aspekty sovershenstvovaniya dokazyvaniya pri rassledovanii prestupleniy. Trudy Akademii. — Moskva : Akademiya MVD, 1992.
2. Popov V. L. Transportnyye ekspertizy: problemy teorii i praktiki [Transport expertise: problems of theory and practice]// Transportnoye pravo i bezopasnost'. ― 2020. ― № 4(36).
3. Smotrov, S. A. Kriminalisticheskoye issledovaniye poddel'nykh denezhnykh biletov i drugikh dokumentov v tselyakh ustanovleniya yedinogo istochnika ikh izgotovleniya [Forensic investigation of counterfeit money tickets and other documents in order to establish a single source of their manufacture] / S. A. Smotrov, I. S. Smotrov, A. A. Ponomarenko. ― Ivanovo, 2013.
4. Paliashvili, A. YA. Ekspertiza v sude po ugolovnym delam [Expertise in the criminal court]. ― Moskva : Yurid. lit., 1973.