Статья

Valery L. Popov. Transport forensics, paradigm, and reality

UDK: 343.148.63


Valery L. Popov - Russian University of Transport (MIIT)


Abstract. Modern forensics in air, rail and water transport is today regarded as one of the most important sources of obtaining reliable and objective evidence in court. At the same time, despite the modern development of forensic activity in Russia, there is no state forensic support for the technical study of railway, air and water transport, which is a consequence of the Soviet and post-Soviet period of investigations of accidents and incidents in transport, which is under the jurisdiction of the state. Based on this, the current forensic support of this type of research is carried out only on a paid basis by non-state forensic organizations, which since 2001 have not developed on the generally accepted principles of state forensic examination based on knowledge of the theoretical and methodological foundations of forensics that determine the degree of scientific character and objectivity of the applied methods and techniques. Art. 41 of the Federal Law of May 31, 2001 No. 73-FZ “On State Forensic Activities in the Russian Federation” has fixed the functioning of non-state forensics at the legislative level, and on the other hand, limited the effect of a number of articles on non-state forensics of the same Law, which determine the qualification requirements for a forensic specialist, as well as the unity of professional training and the scientific and methodological approach to research. To understand this, there have been studied the reasons for the current forensic practice in the transport block and there have been proposed the measures that should qualitatively affect the elimination of existing problems in forensic activities to provide forensics in air, rail and water transport.


Keywords: forensics; conclusion; safety/security; transport; expert; incident; method; technique.


References:

  1. Bezopasnost' dvizheniya na zheleznykh dorogakh [Traffic safety on railways]: uchebnoye posobiye : v dvukh chastyakh. ― Chast' 1. Osnovy bezopasnosti / I. Ye. Kologrivaya, O. V. Frolova — Khabarovsk : Izd-vo DVGUPS, 2018.

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