LICENSING AND CERTIFICATION ACTIVITIES OF NON-STATE FORENSIC INSTITUTIONS: THEORY, LEGISLATION, LAW ENFORCEMENT PRACTICE (CRIMINAL PROCEDURAL ASPECT)

This article comprehensively and adequately considered some theoretical and practical aspects concerning the types of expert activities, the implementation of which non-state forensic-expert institution should have an appropriate license issued by them in the manner prescribed by law. Reflected the...

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Main Authors: I. Tarichko, A. Kondratyev
Format: Article
Language:Russian
Published: Dostoevsky Omsk State University 2017-03-01
Series:Pravoprimenenie
Subjects:
Online Access:https://enforcement.omsu.ru/jour/article/view/53
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author I. Tarichko
A. Kondratyev
author_facet I. Tarichko
A. Kondratyev
author_sort I. Tarichko
collection DOAJ
description This article comprehensively and adequately considered some theoretical and practical aspects concerning the types of expert activities, the implementation of which non-state forensic-expert institution should have an appropriate license issued by them in the manner prescribed by law. Reflected the current system of voluntary certification for the test subject non-state forensic activities. The analysis of judicial practice on sample questions provided law enforcement mistakes of actors eligible to appoint a forensic examination in the criminal case, invited some of the trends of the current legislation.As shown in the examples, despite explicit legal requirements on licensing of certain types of expertise-there are still violations of non-state forensic agencies. Regarding the certification of the institutions, we note that the absence in the law on forensic examination requirements for mandatory certification activities of non-state forensic institutions allow these organizations to make a decision about the need of certification of their activities. This approach of the legislator to the activities of non-state forensic institutions in light of the discussion in this section is not correct, in view of what we have proposed recommendations to improve normative-legal regulation in the field of forensics.
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spelling doaj.art-907cce3810b843c588a0ad00c93a8a962023-03-13T09:40:19ZrusDostoevsky Omsk State UniversityPravoprimenenie2542-15142017-03-011112913810.24147/2542-1514.2017.1(1).129-13843LICENSING AND CERTIFICATION ACTIVITIES OF NON-STATE FORENSIC INSTITUTIONS: THEORY, LEGISLATION, LAW ENFORCEMENT PRACTICE (CRIMINAL PROCEDURAL ASPECT)I. Tarichko0A. Kondratyev1Dostoevsky Omsk State UniversityDostoevsky Omsk State UniversityThis article comprehensively and adequately considered some theoretical and practical aspects concerning the types of expert activities, the implementation of which non-state forensic-expert institution should have an appropriate license issued by them in the manner prescribed by law. Reflected the current system of voluntary certification for the test subject non-state forensic activities. The analysis of judicial practice on sample questions provided law enforcement mistakes of actors eligible to appoint a forensic examination in the criminal case, invited some of the trends of the current legislation.As shown in the examples, despite explicit legal requirements on licensing of certain types of expertise-there are still violations of non-state forensic agencies. Regarding the certification of the institutions, we note that the absence in the law on forensic examination requirements for mandatory certification activities of non-state forensic institutions allow these organizations to make a decision about the need of certification of their activities. This approach of the legislator to the activities of non-state forensic institutions in light of the discussion in this section is not correct, in view of what we have proposed recommendations to improve normative-legal regulation in the field of forensics.https://enforcement.omsu.ru/jour/article/view/53licensingcertificationnon-state forensic institutionforensiclitigationenforcement errorsimproving legislation
spellingShingle I. Tarichko
A. Kondratyev
LICENSING AND CERTIFICATION ACTIVITIES OF NON-STATE FORENSIC INSTITUTIONS: THEORY, LEGISLATION, LAW ENFORCEMENT PRACTICE (CRIMINAL PROCEDURAL ASPECT)
Pravoprimenenie
licensing
certification
non-state forensic institution
forensic
litigation
enforcement errors
improving legislation
title LICENSING AND CERTIFICATION ACTIVITIES OF NON-STATE FORENSIC INSTITUTIONS: THEORY, LEGISLATION, LAW ENFORCEMENT PRACTICE (CRIMINAL PROCEDURAL ASPECT)
title_full LICENSING AND CERTIFICATION ACTIVITIES OF NON-STATE FORENSIC INSTITUTIONS: THEORY, LEGISLATION, LAW ENFORCEMENT PRACTICE (CRIMINAL PROCEDURAL ASPECT)
title_fullStr LICENSING AND CERTIFICATION ACTIVITIES OF NON-STATE FORENSIC INSTITUTIONS: THEORY, LEGISLATION, LAW ENFORCEMENT PRACTICE (CRIMINAL PROCEDURAL ASPECT)
title_full_unstemmed LICENSING AND CERTIFICATION ACTIVITIES OF NON-STATE FORENSIC INSTITUTIONS: THEORY, LEGISLATION, LAW ENFORCEMENT PRACTICE (CRIMINAL PROCEDURAL ASPECT)
title_short LICENSING AND CERTIFICATION ACTIVITIES OF NON-STATE FORENSIC INSTITUTIONS: THEORY, LEGISLATION, LAW ENFORCEMENT PRACTICE (CRIMINAL PROCEDURAL ASPECT)
title_sort licensing and certification activities of non state forensic institutions theory legislation law enforcement practice criminal procedural aspect
topic licensing
certification
non-state forensic institution
forensic
litigation
enforcement errors
improving legislation
url https://enforcement.omsu.ru/jour/article/view/53
work_keys_str_mv AT itarichko licensingandcertificationactivitiesofnonstateforensicinstitutionstheorylegislationlawenforcementpracticecriminalproceduralaspect
AT akondratyev licensingandcertificationactivitiesofnonstateforensicinstitutionstheorylegislationlawenforcementpracticecriminalproceduralaspect