Admissibility and Evidence of the Obtained Results of the Conducted Psychophysiological Research with the Use of a Polygraph
The purpose of the study is to highlight a topical issue related to the admissibility and evidentiary nature of the results of psychophysiological studies using a polygraph. Methodology. The methodological tools are chosen taking into account the goal, the specifics of the object and subject of rese...
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| Format: | Article |
| Language: | English |
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National Academy of Internal Affairs
2021-09-01
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| Series: | Науковий вісник Національної академії внутрішніх справ |
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| Online Access: | https://lawscience.com.ua/en/article/download/dopustimist-i-dokazova-sutnist-rezultativ-psikhofiziologichnikh-doslidzhen-iz-zastosuvannyam-poligrafa |
| Summary: | The purpose of the study is to highlight a topical issue related to the admissibility and evidentiary nature of the results of psychophysiological studies using a polygraph. Methodology. The methodological tools are chosen taking into account the goal, the specifics of the object and subject of research. The methodological basis was a general dialectical method of scientific knowledge of real phenomena and their relationship with the theory and practice of using the results of research using a polygraph. Also special research methods, namely: the method of system analysis, comparative law, system-structural and forecasting method. Scientific novelty. The scientific opinion on the essence of the positions of admissibility and provability of the obtained results of psychophysiological research with the use of a polygraph, which in combination with other data can serve as evidence in open criminal proceedings, is substantiated. Conclusions. The scientific position is substantiated that the basis of reliability of the conducted psychophysiological researches with use of the polygraph is formed by such components as accuracy and reliability. They relate to each other because they are shades of the same thing, but are not considered identical concepts. Each of them performs its content load, which together provides verification of the obtained research results. In turn, the reliability correlates with the reliability and accuracy of the results obtained due to the quality of research performed by a polygraph examiner, and especially in the issue of forensic psychophysiological examination using a polygraph. The above components provide admissibility as a property of the evidence that characterizes it in terms of the legality of the source of factual data (information, information), as well as methods of obtaining and forms of consolidation of factual data. Accordingly, the evidence is considered admissible if it is obtained legally. Given that the forensic psychophysiological examination with the use of a polygraph is an orderly activity, in compliance with all procedural requirements, respectively, the results obtained by it may well have the status of procedural evidence |
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| ISSN: | 2410-3594 2786-7382 |