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Forensic examinations and research

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Western Ukrainian Expert Advisory Center

Forensic examination (from the Latin expertus — one who knows from experience, experienced) — is the study of an expert on the basis of special knowledge of material objects, phenomena and processes that contain information about the circumstances of the case, which is in the pre-trial investigation or court .

Forensic examination is one of the types of examination, which has special features described in the procedural law. Like any other examination, forensic examination is a special study. Forensic examination is an indirect means of proof, the essence of which is that a person authorized by procedural law (investigator, prosecutor, court) instructs a forensic expert to resolve the issues before him, and a forensic expert, using his special knowledge, conducts research provides an opinion that is used as a source of evidence in criminal, civil, commercial, administrative litigation, in cases of administrative offenses, as well as in enforcement proceedings.

Legislation on forensic examination

The legislation of Ukraine on forensic examination consists of a number of normative legal acts:

  • Law of Ukraine "On Forensic Examination";
  • Instructions on the appointment and conduct of forensic examinations and expert studies. Approved by the Order of the Ministry of Justice of Ukraine 08.01.1998 № 53/5 (as amended by the order of the Ministry of Justice of Ukraine 26.12.2012 № 1950/5, as amended by the Order of the Ministry of Justice of Ukraine dated July 27, 2015 № 1350/5);
  • Instructions for forensic examination, approved. Order of the Ministry of Health of Ukraine dated 17.01.95 № 6;
  • The procedure for maintaining the state Register of certified forensic experts, approved. Order of the Ministry of Justice of Ukraine dated March 29, 2012 № 492/5;
  • Regulations on expert-qualification commissions and attestation of forensic experts, approved. Order of the Ministry of Justice of Ukraine dated 08.10.1998 № 53/5;
  • other legislative acts.

If an international agreement, the binding nature of which has been approved by the Verkhovna Rada of Ukraine, establishes rules other than those provided by the legislation of Ukraine on forensic examination, the rules of the international agreement of Ukraine shall apply.

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