Forensic examination is a procedural action that consists in examination by an expert on the instructions of an investigator or judge, material evidence and other materials with the aim of establishing factual data and circumstances that are important for the proper resolution of the case.
Kyiv Scientific Research Institute of Forensic Expertise is guided by the Constitution of Ukraine, the Law of Ukraine “On Forensic Expertise”, the Law of Ukraine “On Scientific and Technical Activity”, procedural legislation and other laws of Ukraine, decrees of the President of Ukraine, decrees and orders of the Cabinet of Ministers of Ukraine, orders and resolutions of the Ministry of Justice of Ukraine, other regulatory and legal acts.
In accordance with the current legislation, on behalf of law enforcement agencies, officials of the State Tax Administration of Ukraine, the State Customs Service of Ukraine, the State Executive Service, at the request of lawyers, defenders and persons who protect their interests independently, their representatives, notaries of banking institutions, insurance companies, as well as other legal entities and individuals, expert studies are carried out, requiring special knowledge and using of criminalistics and forensic methods. The results of expert studies are described in the written conclusions of expert studies in accordance with the current legislation of Ukraine.
According to the procedural legislation of Ukraine, experts carry out primary, additional, repeated, commission and complex expertise.
- The primary is the expertise, when the object is investigated for the first time.
- The additional expertise is an expertise if additional studies or additional materials (samples for comparative research, output data, etc.) need to be carried out to resolve issues that was examined during the primary expertise, that were not provided to the expert in conducting the primary expertise.
- The repeated expertise is an expertise, during which the same objects are examined and the same issues are solved as in the case of the primary (previous) expertise.
- The commission expertise is an expertise that is carried out by two or more experts who have the qualifications of a forensic expert on one expert specialization (specialists in one field of knowledge). The experts’ commission may be formed by the body (entity), which has appointed expertise (attracted the expert) or by the head of the expert institution.
- The comprehensive is the expertise, which is carried out with the application of special knowledge of various fields of science, technology or other specialized knowledge (different directions within the same field of knowledge) to solve one common (integration) problem (questions). To conduct such expert examinations, if necessary, experts are involved as well as specialists from institutions and services (units) of other central executive bodies or other specialists who do not work in state specialized expert institutions.
(According to the materials of the Instruction on the appointment and conduct of forensic examinations and expert studies and Scientific and methodological recommendations on the preparation and appointment of forensic expertise and expert research).
