MILITARY EXPERTISE IN CRIMINAL PROCEEDINGS
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Abstract
In the article it has been stated that during the pre-trial investigation of
military crimes, the investigator is faced with the need to establish the
circumstances, which, in turn, require knowledge of many aspects of the
regulation of military service and the specifics of such service. It has been
established that during the investigation of military crimes in order to establish
the circumstances of the use and actions of military formations, compliance of the
actions (inaction) of officials with the requirements of the governing documents,
special knowledge is used in the form of engaging an expert to conduct a military
examination. It has been found that the Scientific and Methodological
Recommendations on the Preparation and Appointment of Forensic Examinations
and Expert Studies do not define and specify the object of military examination.
The task of military expertise has been given. It has been indicated that the list of
issues to be resolved during the military examination is determined in each
specific criminal proceeding, taking into account the available initial data, the
tactical tasks of the investigation, and an approximate list of issues to be resolved
during the specified examination. It has been emphasized that military expertise
is a relatively new type of forensic expertise. It has been noted that, in this
connection, the scientific and methodological provision of military expertise is
insufficient. It has been emphasized that in order to improve the scientific and
methodological support of military expertise and the methodology of its conduct,
it is necessary to improve the level of regulatory and legal regulation of forensic
expert activity in this area.
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