Terms

Features of the use of special knowledge in the field of forensic ballistics in the investigation of crimes feed Vasily Dmitrievich. General provisions of forensic ballistics The concept and meaning of forensic ballistics

The use of firearms is always accompanied by the formation of specific traces in the weapon, on ammunition, as well as on obstacles, which are called in forensic science. shot marks. The development of means and methods for detecting these traces is the branch of forensic technology, which is conventionally called forensic ballistics. This name was first used in forensic literature by Professor V. F. Chervakov in 1937. Since then, the term forensic ballistics has firmly established itself in scientific literature and forensic investigative practice. The main advantage of the term lies in its brevity and expressiveness. If we turn to dictionaries and reference books, we will see that ballistics - it is the science of the movement of a projectile fired from a firearm. Forensic ballistics, by modifying, adapting artillery and ballistics data developed for military purposes, studies a wider range of special issues. In addition to the military sciences, forensic ballistics makes extensive use of modern achievements in physics and chemistry. For example, the quantitative and qualitative composition of the shot, traces on obstacles are determined by physical and physico-chemical methods.

The scientific foundations of forensic ballistics are the provisions developed in other branches of science on the patterns of the firing mechanism and the appearance of marks on bullets and cartridge cases from various parts of the weapon, on obstacles, depending on the distance of the shot. This is due to the standardization of weapons and ammunition for it. The intensity of ignition, burning of a powder charge, temperature, pressure of powder gases in one weapon system are the same. Therefore, the traces of the shot are also relatively constant and stable, which makes it possible to use them to establish certain circumstances of the incident. The knowledge of these patterns formed the basis for the development of special tools, techniques and methods of working with objects of forensic ballistics.

Forensic ballistics is closely interconnected with other sections of forensic science, and primarily with trace science, identification theory, the methods of which are widely used for identification studies of firearms and ammunition.

Forensic ballistics is directly related to forensic medicine, forensic chemistry, forensic biology, the data of which is used to study weapons, ammunition and shot marks. So, forensic medicine studies the patterns of formation of gunshot injuries on the human body.

The most common objects forensic ballistic research are:

1) hand firearms, their separate parts and accessories;
2) ammunition for hand firearms, both equipped (cartridges) and their parts (bullets, cartridge cases, shot, buckshot, capsules, wads, gaskets, gunpowder, etc.);
3) traces on weapons, ammunition and other objects (obstacles) resulting from the shot;
4) means and tools used for reloading cartridges and preparing projectiles (bullets, shot, buckshot);
5) items with traces of weapons storage. Forensic ballistic studies allow us to establish important factual circumstances. On the basis of these studies, the object is classified as a firearm, it is determined whether it is in good condition and whether it is suitable for firing.

With the help of forensic research, they find out the essence of the event, the fact of the use of firearms; determine the place and method of committing the crime, the direction and distance of the shot; establish a causal relationship between actions and consequences, the number of shots fired, their sequence, and many other facts.

Forensic investigations of weapons and ammunition contribute to the establishment of their group affiliation and individual identification. Spent bullets and cartridge cases can be used to identify a specific weapon. Exploring ammunition (bullets, shot, wads, etc.), determine the common source of their origin.

Thus, the main significance of forensic ballistics lies in the fact that the methods and means developed by it make it possible to establish the circumstances of the event under investigation based on the traces of the shot.

Based on the above, we can formulate the following definition: forensic ballistics- this is a branch of forensic technology that studies firearms, ammunition, the laws of the mechanism of a shot and the appearance of marks on bullets, cartridge cases and obstacles, develops techniques, methods and means for detecting, collecting and studying these objects to establish the circumstances of the event under investigation.

Forensic ballistics is a branch of forensic technology that develops tools, techniques and methods for detecting, fixing, seizing and examining firearms and the consequences of their use in the material environment of a crime to resolve issues that arise in investigative and judicial practice.

New social relations in the country caused a rapid increase in crime, its qualitative changes in the form of organized crime and an increase in the level of such dangerous attacks as murders, robberies, and banditry.

When committing these and other crimes, a wide variety of weapons are often used. Law and jurisprudence define weapons as devices and objects that are designed to strike a live or other target. Illegal carrying, manufacturing, storage, sale, and acquisition of weapons form an independent crime, and in the context of an increase in the level of organized crime, it is often used to take measures to counter the investigation.

It is becoming more and more difficult to prove guilt in such crimes as murders, robbery, banditry, therefore, the investigating authorities are taking the path of attracting dangerous criminals for less serious crimes, in particular for carrying weapons. Almost every instance of a weapon appearing in criminal proceedings becomes the object of an expert study, including to resolve the issue of whether the item is a weapon.

Forensic ballistics is closely connected with various branches of forensic science, namely: with the theory of forensic identification, operational and research photography, trace science, etc. Thus, the identification of weapons by fired bullets and cartridge cases is based on the scientific principles of forensic identification. The provisions of traceology on the regularities of the mechanism for the formation of traces are used in forensic weapons science, taking into account the specifics of traces resulting from the use of various weapons. During photographic fixation and expert examination of weapons, bullets, cartridge cases and other ballistic objects, special shooting methods developed by forensic photography are used.

Forensic weapons science is closely related to the norms of criminal law and criminal procedure. The timely detection of illegal manufacture of weapons, as well as the suppression of the careless storage of firearms, is a means of preventing serious crimes in our country.

Forensic weapons science makes extensive use of modern achievements in physics and chemistry. In addition, this branch of forensic technology is associated with forensic medicine, since all forensic examinations of injuries on the human body caused by weapons are carried out taking into account the general and some special provisions of this industry.

Forensic weapons science is a generic concept that includes several independent classes of weapons. The basis for the classification is the nature of the objects to be classified as weapons, as well as the main purpose of its use (purpose).

According to the nature of the action, weapons are divided into firearms, cold steel, throwing, pneumatic, gas and signal; by appointment for civil, service, combat (small).

Civil firearms include weapons intended for use by citizens of the country for self-defense, sports and hunting. Civilian weapons must exclude firing bursts and have a magazine (drum) capacity of no more than 10 rounds.

Civil weapons are divided into:

1. Weapons of self-defense, namely: long-barreled smooth-bore firearms, including those with traumatic cartridges; barrelless firearms with traumatic, gas and light-sound cartridges; gas weapons (gas pistols and revolvers); mechanical sprayers, aerosol and other devices equipped with tear and irritating substances; electroshock devices and spark gaps.

2. Sports firearms with a rifled barrel, smoothbore firearms, cold bladed, throwing, pneumatic weapons with muzzle energy over 3 J.

3. Hunting firearms with a rifled barrel, smoothbore firearms, including those with a rifled part of no more than 140 mm, combined firearms (rifled and smoothbore), including those with interchangeable and detachable rifled barrels, pneumatic with a muzzle energy of not more than 25 J , cold blade.

4. Signal weapon.

5. Cold bladed weapons designed to be worn with folk national costumes, the attributes of which are determined by the government of the country.

Service weapons are: domestic-made smoothbore and rifled short-barreled firearms with a muzzle energy of not more than 300 J, as well as long-barreled smoothbore firearms. It excludes firing bursts; rifled service weapons should differ from combat small arms in terms of the types and sizes of the cartridge, and from civilian ones in terms of trace formation on the bullet and cartridge case. The capacity of the magazine (drum) of a service weapon should not exceed 10 rounds, and bullets for smooth-bore and rifled short-barreled firearms cannot have cores made of hard materials.

Combat (small) and edged weapons are designed to solve combat and operational-service tasks adopted in accordance with the regulatory legal acts of the Russian government.

In the practice of combating crime, there are various weapons made by the factory, artisanal and home-made. Attributing a certain item to a weapon often requires the use of special forensic knowledge. First of all, this concerns specimens of home-made, handicraft or special production (disguised as household or other items).

The question of attributing a particular item to a weapon does not always require expert research. So, combat, sporting and hunting weapons are easily identified, which have well-known forms, special markings.

In the course of preliminary and forensic examination of weapons, identification and recognition tasks are solved. For recognition tasks, the examination of weapons can be assigned during the study of:

a) homemade items;

b) copies of foreign production;

c) standard weapons with defects.

The following questions may be asked to resolve the examination of edged weapons:

1) whether the item seized from the suspect and submitted for examination is a cold weapon;

2) in what way the object was made by factory, handicraft or home-made;

3) whether this weapon belongs to the national costume, and if so, which one;

4) according to the type of cold weapon the knife is made, etc.

Identification studies are carried out in order to obtain a specific answer to the question: did this weapon leave a detected trace on a particular trace-receiving object, were traces left on different objects by the same weapon, etc.

The damage caused by a weapon depends on its type, the mechanism of action and the material of the affected barrier. When examining the damage, the protocol notes where, on what object it was found, the size of the damage, its shape, type of edges, etc.

When a weapon is seized, the protocol of the search or inspection must reflect its external features to such an extent that it can be used to judge the type of weapon. For example, in the protocol of inspection of edged weapons, it is necessary to indicate its design, dimensions, completeness of components, method of attaching the handle to the blade; the material from which the parts of the weapon are made, its color, strength, the nature of the surface (smooth, rough, jagged); the shape of the blade, the sharpening of the blade and the point, whether there are recesses on the blade, stiffeners (protrusions); limiter on the handle; what known samples matches this instance of weapons. To determine the type of weapon, it is recommended to use reference manuals and albums.

In appearance, edged weapons are divided into bladed and non-bladed (shock-crushing).

The main features of the design of blade cold weapons: the shape and size of the object as a whole and its individual parts; the presence of a blade or edge at the blade and its sharpening, the sharpness of the blade and the fighting end; the presence of a bevel butt; the presence of a handle; the presence of a limiter; the presence of dollars; the ratio of the length of the blade and handle; the strength of the object as a whole and its individual parts.

Bladed melee weapons differ in configuration, size, method of holding in the hand. Handled weapons are sabers, swords, daggers, knives, etc.; weapons with a shaft of pikes, spears, horns; without a handle and shaft, but needle and some bladed bayonets attached to firearms. Daggers, daggers, knives and similar examples are called short-bladed weapons; sabers, checkers, broadswords, rapiers, etc. long-bladed. The blade can have a straight shape (most of the above-mentioned weapons) and a curve scimitar, sabers, checkers, some daggers and knives.

The most common in forensic practice are examples of short-bladed weapons with a handle: daggers (military, civilian, hunting), knives (military, civilian, including national, hunting), bayonets (see Fig. 1).

The main features of the design of non-blade (impact-crushing) weapons are: the shape and dimensions of the object as a whole and its individual parts; the presence of the striking part of the weapon and the striking surface; the presence of holes for fingers in brass knuckles; the presence of a handle or suspension, a rod for a mace, a flail; the presence of an emphasis stand at the brass knuckles; the presence of ears, a belt, a band on the handheld; the presence of a loop at the brush; the strength of the object as a whole and its individual parts.

Stages of expert research of objects of weapons science:

1) preparatory preparation of the necessary technical means, visual inspection of the packaging and objects of study;

2) separate study of the studied objects, free and experimental samples;

3) comparative analysis of general and particular features of the compared objects, establishment of coincidences and differences, explanation of the causes of the latter;

4) evaluation of the obtained results and formulation of a conclusion.

Prospects for the development of forensic weapons science are seen in the further development of theoretical foundations, the creation of information and reference systems for weapons, the introduction of automated systems and systems for its identification by traces of use, as well as establishing the circumstances of use in the commission of a crime.

APPLICATION OF SPECIAL KNOWLEDGE IN THE FIELD OF FORENSIC BALLISTICS IN THE INVESTIGATION OF CRIME

GRNTI 10.85.31

Chinenov Andrey Andreevich,

student of the faculty of master's training

legal institute

Moscow, Russia

Email: donvolkov[email protected] bk. en

Scientific adviser:Pogrebnoy Alexey Anatolievich ,

Leading Researcher, Research Institute of Criminalistics,

PhD in Law, Associate Professor

Moscow Academy of the Investigative Committee of the Russian Federation

G . Moscow, Russia

APPLICATION OF SPECIAL KNOWLEDGE OF THE FIELD OF JUDICIAL BALLISTICS IN CASE OF INVESTIGATION OF CRIMES

Chinyonov Andrey Andreevich,

student of faculty of master preparation legal institute

Moscow, Russia

Email:[email protected]

Research Supervisor:Pogrebnoy Alexey Anatolyevich ,

leading researcher of scientific research institute of criminalistics,

Candidate of Law Sciences, associate professor

Moscow academy of Investigative Committee of the Russian Federation

Moscow, Russia

ANNOTATION:

An analysis of investigative and judicial practice shows that crimes related to the use and illegal circulation of firearms are very common. For a qualitative investigation of such crimes, a high qualification of the investigator, the competent use of special knowledge in the field of forensic ballistics is necessary.

BUT BSTRACT:

The analysis of investigative and jurisprudence shows that the crimes connected using and illicit trafficking in firearms are very widespread. High qualification of the investigator, competent application of special knowledge of the field of judicial ballistics is necessary for high-quality investigation of such crimes.

Keywords: firearms, ballistic examination, examination, cartridge case, gunpowder.

keywords : firearms, ballistic expertize, survey, sleeve, gunpowder.

The development of various aspects of the methodology for investigating such crimes, the tactics of conducting investigative actions, the development of forensic support for their conduct is the topic of a large number of scientific studies and publications. Let's review the forensic literature on this topic.

In the work of Tambovtseva E.A. "Investigation of crimes related to the illegal circulation of weapons, ammunition, explosives and explosive devices, with criminal fires and arson" considers the concept of illegal circulation of weapons, ammunition, explosives and explosive devices, provides a forensic description of crimes related to illegal trafficking.

In the work of Isaeva K.A. "The use of special knowledge in the form of expertise in the investigation of contract killings with the use of firearms", shows the possibilities of ballistic, explosive, as well as complex medical forensic examinations in the investigation of murders committed by order. The role of integration of data from military and natural sciences in the disclosure and investigation of such crimes is determined.

In the work of Prokopieva A.A. "The use of special knowledge in the investigation of illicit trafficking in firearms, ammunition, explosives and explosive devices" indicates the types of forensic examinations assigned in the investigation of illicit trafficking in firearms, ammunition, explosives and explosive devices. The author indicated an approximate list of questions that are put to the permission of an expert when examining firearms, ammunition, explosives and explosive devices, and a list of items and documents that must be made available to a forensic expert.

In the work of Aladiev S.K., Sitko N.G., Golovina M.V. "The initial stage of the investigation of crimes in the field of illicit arms trafficking" considers criminological issues related to illicit arms trafficking. Illicit arms trafficking is facilitated by the commission of crimes such as negligent possession of firearms; improper performance of duties for the protection of weapons, ammunition, explosives and explosive devices; theft or extortion of weapons, ammunition, explosives and explosive devices.

In the work of Yatsenko S.V. “Peculiarities of detection, fixation and seizure of traces of the use of firearms” considers issues related to the mechanism of formation of traces of the use of firearms on various objects (cartridges, shells, barriers, etc.), features of their detection, fixation and seizure during the inspection of the scene, as well as some of the tasks solved in the course of their expert study.

In the work of Pogrebny A.A. "Some aspects of the tactics of using the possibilities of forensic ballistic examination in the investigation of crimes" shows how the methods of formulating and posing questions of forensic ballistic examination of the state of a weapon can be used to obtain evidence of a person's involvement in a crime event.

In the work of Yanin S.A. "On some aspects of the appointment of a ballistic forensic examination in the investigation of hunting" is devoted to the organizational and tactical features of the appointment of forensic ballistic examinations during the investigation of illegal hunting. The possibilities of this examination for the process of proof are considered; the stages of its appointment are presented; outlined the content and organization of the work of the interrogator (investigator), methods of assessing the expert's opinion.

In the work of Latyshov I.V. "Organizational, legal and methodological problems of complex diagnostic expert studies of weapons, cartridges and traces of their action" considers the concept and features of a comprehensive forensic ballistic examination, organization and methods of its production.

In the work of Pogrebny A.A. "Analysis of the significance of the size of the peripheral zone of soot deposition as a sign of the distance of a shot from a 5.6-mm pistol of a small-caliber target Margolin (MTsM)" an assessment is made of the significance of some signs used to determine the distance of a shot in terms of their frequency of occurrence and variability.

In the work of Vasielyan A.A. "The significance of the forensic investigation of gunpowder in the investigation of crimes committed with the use of handguns" draws attention to the possibilities of forensic investigation of various brands of gunpowder. The process of occurrence of a gas-powder jet at the moment of a shot is considered.

In the work of Ruchkin V.A. "Modern ammunition in criminal practice: trends in their development" focuses on the development of research methods for special cartridges and their distinctive characteristics.

In the work of Pogrebny A.A. “Typical methodological errors made in the production of ballistic examinations” considers methodological errors by types of tasks to be solved, namely, determining the relevance of cartridges to the category of ammunition, determining the relevance of home-made firing devices to firearms, as well as identifying firearms by traces on bullets and sleeves.

BIBLIOGRAPHY:

1. Tambovtsev E.A. Investigation of crimes related to illegal circulation of weapons, ammunition, explosives and explosive devices, with criminal fires and arson // FGKOU VPO "East Siberian Institute of the Ministry of Internal Affairs of the Russian Federation". Irkutsk, 2013.

2. Isaeva K.A. The use of special knowledge in the form of expertise in the investigation of contract killings with the use of firearms // Bulletin of the Kyrgyz-Russian Slavic University. 2013. V. 13. No. 5. S. 38-41.

3. Prokop'eva A.A. The use of special knowledge in the investigation of illicit trafficking in firearms, ammunition, explosives and explosive devices // In the collection: Code of Criminal Procedure of the Russian Federation: achievements and problems of application collection of materials III International student scientific and practical conference. 2016. S. 158-162.

4. Aladiev S.K., Sitko N.G., Golovin M.V. The initial stage of the investigation of crimes in the field of illicit arms trafficking // In the collection: Scientific support of the agro-industrial complex: a collection of articles based on the materials of the 72nd scientific and practical conference of students following the results of research for 2016. 2017. S. 651-654.

5. Yatsenko S.V. Features of detection, fixation and seizure of traces of the use of firearms // Educational and methodological manual / Inspection and preliminary study of firearms and traces of its use // University science. 2016. No. 1. S. 255-259.

6. Pogrebnoy A.A. Some aspects of the tactics of using the possibilities of forensic ballistic examination in the investigation of crimes // Actual problems of forensic theory and practice: interuniversity. scientific-practical. conf. December 20, 2013. Kaliningrad: Kaliningrad branch of the St. Petersburg University of the Ministry of Internal Affairs of Russia, 2014. - S. 22-27.

7. Yanin S.A. On some aspects of the appointment of a ballistic forensic examination in the investigation of hunting // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2015. No. 3. S. 207-212.

8. Latyshov I.V. Organizational-legal and methodological problems of complex diagnostic expert studies of weapons, cartridges and traces of their action // Bulletin of the Saratov University. New episode. Series: Economy. Control. Right. 2014. V. 14. No. 1-2. pp. 227-234.

9. Pogrebnoy A.A. Analysis of the significance of the size of the peripheral zone of soot deposition as a sign of the distance of a shot from a 5.6-mm pistol of a small-caliber target Margolin (MTsM) // Bulletin of the Saratov University. Series Economics. Control. Law, issue 1, part 2. - 2014 - Volume. 14. S. 224-227.

10. Vasilyan A.A. The value of forensic research of gunpowder in the investigation of crimes committed with the use of handguns // Legal Concept. 2012. No. 1. P. 155-157.

11. Ruchkin V.A. Modern ammunition in criminal practice: trends in their development // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. 2012. No. 1 (20). pp. 219-222.

12. Pogrebnoy A.A. Typical methodological errors made in the production of ballistic examinations // Technical and forensic support for the detection and investigation of crimes: materials of the second All-Russian scientific and practical conference November 29-30, 2012. Moscow, 2012 pp. 154-160.

Gusev Alexey Vasilievich

PhD in Law, Associate Professor, Department of Criminalistics, Krasnodar University of the Ministry of Internal Affairs of Russia (tel.: 886122273980)

Forensic technology as an area of special forensic knowledge of criminal justice

annotation

The article attempts to determine the structure and content of special forensic knowledge implemented in the criminal proceedings of Russia. The criteria for distinguishing special forensic knowledge from those knowledge of forensic science that in the criminal process cannot be special for persons carrying out preliminary investigation or judicial activities are described. The circle of subjects of criminal proceedings, procedurally and non-procedurally realizing their special forensic knowledge, both in the course of forensic examination and outside this process, has been clarified.

In the article attempt of definition of structure and the contents of the special criminalistic knowledge realized in the criminal trial of Russia is carried out. Criteria of differentiation of special criminalistic knowledge from that knowledge of criminalistics which in criminal trial cannot be special for the persons who are carrying out preliminary investigation or judicial business are described. The circle of subjects of the criminal trial, remedially and non-procedural realizing the special criminalistic knowledge is specified, both during expert testimony in court production, and out of this process.

Key words: criminal proceedings; criminalistics; forensic technology; special forensic knowledge; with a forensic specialist; expert criminalist.

toy words: the criminal trial; criminalistics; the criminalistic engineering; special criminalistic knowledge; the forensic expert; the forensic expert.

Modern stage of development of forensic science

C is characterized by an increase in scientific interest in the role and significance of special knowledge used in the course of detecting, investigating and preventing crimes. Despite the wide range of special knowledge implemented in the process of criminal proceedings, one of them, forensic, is most often in demand to establish the circumstances to be proved. The relevance of the study of special forensic knowledge is due to their not fully understood conceptual and specific characteristics, as well as the possibilities of effective application in order to collect and study evidence.

The absence in forensics of a clear

the definition of special forensic knowledge allows scientists to interpret their volume and the circle of criminal procedural subjects possessing them quite broadly. So, for example, it is indicated: "Special knowledge in the field of forensic science (techniques, tactics, methods of investigating crimes) helps a lawyer timely detect, comprehensively investigate and objectively evaluate the signs of material objects that are of evidentiary value in a case ...".

A generalized understanding of all forensic science as a special knowledge in the system of other sciences is justified from the point of view of its universal purpose for practical implementation by those circle of people who have professional legal training. In this capacity, forensic science undoubtedly has a sign of special knowledge, since it is professional training in science that

technology, art or craft, which, in addition to the general features of labor activity, has its own specific features characteristic of a particular profession, determines the fact of the possible relation of any knowledge to special knowledge.

The professional knowledge of lawyers in relation to the professional knowledge of people of other professions can be considered as special. Outside this circle of people, no one owns their forensic knowledge, formed as a result of training in forensic knowledge, which is part of the legal education program, and if they do, it is not to the extent that they are considered professional. This statement fully applies to such a category of lawyers as interrogators, investigators, prosecutors, and judges. At the same time, one should agree with the opinion that if the person conducting the preliminary investigation does not have knowledge in the field of forensic science, then he does not correspond to his position.

Despite the outwardly understandable form of reflection of special forensic knowledge, as professional knowledge of a certain category of persons, there are a number of controversial issues of its criminal procedural implementation. From the point of view of the law, special knowledge is knowledge that is not known to the person conducting the preliminary investigation or the court. Thus, all legal knowledge, including in the field of forensic science, cannot be classified as special knowledge, since it is known to the person conducting the preliminary investigation or the court.

At the same time, in the practice of preliminary investigation and trial, special forensic knowledge is often used, which is possessed by forensic specialists and forensic experts. The reason for attracting these knowledgeable persons is that they have special forensic knowledge, which, as noted above, can also be possessed by those who involve them in the process of criminal proceedings. This state of affairs makes the scientific understanding of the essence of special forensic knowledge more confusing. This is all the more aggravated due to the lack of permission in the criminal procedure law for the procedural form of the implementation of special forensic knowledge by persons conducting a preliminary investigation, or by a court. This prohibition is due to the desire

the legislator to make the criminal process objective and impartial. Therefore, in order to exclude manifestations of subjectivity or a biased approach to the case, the criminal procedure law establishes the circumstances under which persons conducting criminal proceedings are subject to challenge. This also applies to the ban on combining the functions of a specialist or expert with the functions of an inquirer, investigator, or judge.

If we proceed from a broad interpretation of all forensic knowledge as special knowledge, then it should be recognized that the ban on the procedural procedure for its implementation by a lawyer conducting a preliminary investigation, or by a court, is practically not feasible, since for an inquirer, investigator or judge this knowledge is part of his professional activities. It is impossible to forbid the investigator to procedurally apply tactics of investigative actions if these investigative actions are a procedural form of obtaining and verifying evidence. We believe that the situation in which all forensic knowledge is considered as special knowledge creates the preconditions for the legislator to misunderstand the range of subjects of its procedural or non-procedural form of implementation.

However, it should be noted that in the system of forensic science there is such a branch of knowledge as forensic technology, which contains information borrowed from the natural and technical sciences, which qualitatively distinguishes it from the subject area of jurisprudence. The emergence and development of this knowledge is inextricably linked with the use of scientific and technical means and methods in investigative and judicial activities. Being, in fact, a specific form of legal education, forensic technology has a direct scientific and practical function of special training not only for lawyers, but also forensic experts. So, a forensic expert should be considered a specialist in the field of trace science, ballistics, research of documents or identification of a person by external signs, that is, in one of the branches or in all branches of forensic technology.

Providing a procedural opportunity for the implementation of technical and forensic knowledge to forensic experts and forensic specialists is dictated by

in our opinion, understanding that their knowledge in this branch of forensic science is much wider and deeper than that of lawyers. It seems that this circumstance, along with the desire of the legislator to exclude a biased approach to resolving the case, which we have already mentioned above, became the basis for the prohibition of the procedural implementation of technical and forensic knowledge by persons conducting a preliminary investigation or by the court.

Thus, it can be assumed that it is forensic technology, as a branch of forensic science, that is a specific part of forensic knowledge, in which there are signs of special knowledge that is not fully known to persons carrying out criminal proceedings. Technical and forensic knowledge has a procedural form of implementation through the means of production of forensic examinations or in the course of a non-expert process of criminal proceedings, involving a procedural and non-procedural form of implementation of special forensic knowledge by a forensic specialist.

The specificity of knowledge in the field of forensic technology is beyond doubt, however, there is also a scientific uncertainty about their understanding as special legal knowledge. This is primarily due to the classification of legal knowledge into legal (knowledge in the field of criminal, civil law; criminal, civil, arbitration, administrative process, etc.) and special (forensic technology, forensic medicine, legal psychology, forensic psychiatry, etc.) .

As noted earlier, there can be no knowledge in legal education that is not known to the person conducting the preliminary investigation or the court. This statement fully applies not only to all forensic science, but also to such a branch of it as forensic technology, since all the branches of knowledge that make up forensic science (criminology methodology,

forensic tactics, forensic technology, methods of investigating crimes) are professional knowledge for lawyers.

At the same time, it is impossible to exclude the specificity of technical and forensic knowledge in the criminal procedural sense as special knowledge, which, according to the meaning of the law, should not be professionally owned by anyone.

investigator, investigator, or judge. Recognizing the dual scientific and legal nature of technical and forensic knowledge, we believe that they can be considered as special knowledge only in relation to the knowledge that is acquired within the framework of special expert education (specialty 350600 - forensic examination). Persons studying technical and forensic knowledge in the course of expert training, in terms of their level of knowledge of forensic technology, are much better aware of the possibilities for the effective use of technical and forensic tools and methods both in the production of forensic examination and in a non-expert process associated with the activities of a forensic specialist.

In this regard, we believe that, despite the study by lawyers and experts of such a branch of forensic science as forensic technology, it is given to the latter according to an in-depth scheme leading to the sustainable formation of special technical and forensic skills and abilities. It is in this vein, recognizing the fundamental importance of forensic technology in the formation of special forensic knowledge, that we consider it necessary to make a proposal to define in forensic science an independent branch of special knowledge of criminal justice. It's time to move on from a broad interpretation of some special forensic knowledge. This will unify the entire system of this knowledge, clarify the species classification, as well as the subject composition of its implementation in criminal proceedings.

Based on the foregoing, we believe that special forensic knowledge is the knowledge of forensic technology, which forms the basis of the forensic training of forensic experts, implemented by them in the course of forensic examination and the non-expert process of applying special knowledge of criminal, administrative, civil and arbitration proceedings.

In order to isolate technical and forensic knowledge into an independent structure of forensic knowledge used to train experts and specialists, as well as to distinguish it from the same knowledge used to train lawyers, we consider it necessary to designate them as special technical and forensic knowledge.

experts and specialists. At the same time, technical and forensic knowledge, in the scope of training lawyers for special knowledge, in our opinion, cannot be attributed, since this creates confusion in the scientific understanding of the essence of special forensic knowledge, as well as in the procedural and non-procedural aspect of its implementation in the implementation of criminal proceedings.

Literature

1. Ishchenko E. P. Russian criminalistics today //Bulletin of criminalistics / ed. ed.

A.G. Filippov. M., 2006. Issue. 4 (20). S. 11.

2. Sorokotyagina D. A., Sorokotyagin I. N. Theory of forensic examination: textbook. allowance. Rostov n/D, 2009, p. 75.

3. Waldman V. M. Competence of an expert in the Soviet criminal process: author. dis. ... cand. legal Sciences. Tashkent, 1966, p. 23; Sokolovsky Z.M. The concept of special knowledge // Criminalistics and forensic examination. Kyiv: RIO MVD of the Ukrainian SSR, 1969. Issue. 6. S. 202; Yakovlev? Ya.M. Psychological features of the cognitive activity of a forensic expert // Forensic collection. Riga, 1974, p. 73; Nadgorny G.M. Gnoseological aspects of the concept of "special knowledge" // Criminalistics and forensic examination. Kyiv, 1980. Issue. 21, p. 42; Goncharenko V.I. Use of data from natural and technical sciences in criminal proceedings. Kyiv: KSU, 1980. S. 114; Sorokotyagin I.N. Special knowledge in the investigation of crimes. Sverdlovsk, 1984, p. 5; Lisichenko

V.K., Tsirkal V.V. The use of special knowledge in investigative and judicial practice. Kyiv: KSU, 1987. S. 19; Criminalistics: textbook. for universities / otv. ed. N.P. Yablokov. M., 1995. S. 374; Gusev A. V. Improving the non-expert process of implementing special forensic knowledge during the preliminary investigation. Krasnodar: KA Ministry of Internal Affairs of Russia, 2004. S. 20-21 and others.

4. Shapiro L. G. Procedural and forensic aspects of the use of special knowledge in the investigation of crimes in the economic sphere.

activities. M., 2007. S. 66.

5. Scientific and practical commentary on the Code of Criminal Procedure of the Russian Federation / under the general. ed. V.M. Lebedev; scientific ed. V.P. Bozhev. 2nd ed., revised. and additional M., 2004. S. 148.

6. Filippov A. G. On the concept of forensic examinations and the possibility of expanding their subject // Scientific and technical progress and the possibilities of forensic science: Sat. scientific tr. / resp. ed. A.G. Egorov. Volgograd, 1991. S. 18.

7. Gusev A. V. On the concept of a non-expert process of implementing special forensic knowledge in criminal proceedings // "Scientific criminalists and their role in improving the scientific foundations of criminal justice" interuniversity. anniversary scientific-pract. conf. (on the 85th anniversary of the birth of Professor R.S. Belkin): materials: at 2 o'clock. M .: Academy of Management of the Ministry of Internal Affairs of Russia, 2007. Part 1. P. 296-300; Gusev A.V. Formation of an effective mechanism for the use of special forensic knowledge outside the process of forensic examination // Actual problems of criminal procedure and criminalistics: Intern. scientific-practical. conf. (April 2-3, 2009): materials: Chelyabinsk: Publishing House of SUSU, 2009. P. 288-291; Gusev A.V. Topical issues of the correlation of the non-expert process of implementing special knowledge with the subject of the general theory of forensic examination // Society and Law. 2007. No. 3 (17). pp. 39-42 and others.

8. Sorokotyagina D. A., Sorokotyagin I. N. Forensic examination: textbook. allowance. Rostov n / D, 2006. S. 56.

9. Elagina E. V. The use of forensic knowledge as a necessary component of the activities of the prosecutor supporting the state prosecution in court // Vestn. criminalistics / resp. ed. A.G. Filippov. M. 2009. Issue. 2 (30). S. 63.

SOCIETY AND LAW 2010 No. 1 (28)

When committing crimes, criminals use firearms. If during the investigation it was possible to find a weapon, then the experts will find traces on it. Criminologists call them traces of a shot. By what means and methods traces are detected and examined, forensic ballistics, a branch of forensic technology, is engaged.

What is forensic ballistics?

The term "forensic ballistics" was first used by V.F. Chervakov in the 1930s of the last century. Since that time, the concept has been used in specialized literature, and is also used in forensic and investigative practice.

Definition 1

In various reference books "ballistics" defined as the science of the movement of a charge fired from a firearm.

Forensic ballistics deals with a wider range of issues. In addition to military science data, it uses information from the field of physics and chemistry. For example, the quality and quantity of shot can be determined using physical and physico-chemical methods.

Forensic ballistics builds on knowledge developed in other industries. The laws of the mechanism of the shot, the appearance of traces on bullets and cartridge cases, depending on the distance of the shot, form its basis. This is due to the fact that weapons and ammunition are standard. It ignites, burns a powder charge with the same intensity in one weapon system, so the traces of the shot are permanent and stable. When investigating and establishing the circumstances of the incident, this is important.

Remark 1

This knowledge formed the basis for the development of special techniques, techniques that allow working with objects of ballistics, forensic science has received more opportunities to study the crime scene.

Connection of forensic ballistics with other sections of forensic science

The connection between ballistics and other branches of forensic science is obvious. Trasology, identification theory are used for research of firearms. There is a connection with forensic medicine, forensic chemistry and biology. For example, the nature of the formation of gunshot injuries cannot be established without knowledge of forensic medicine.

Objects of forensic ballistic research

The objects of judicial ballistics include:

hand firearms, their parts and accessories;
ammunition for hand firearms equipped and their parts;
traces on weapons, ammunition, barriers;
tools used to make projectiles;
items where weapons were stored.

When carrying out forensic actions, it turns out what happened, whether the fact of the use of weapons took place, to what extent. If the weapon was used by the criminal, the place and method of committing the crime are established. The direction of the shot is determined, from what distance it was fired, a causal relationship is established between the shot and actions, how many shots were fired, at what interval, what are the consequences of the shots.

The study of ballistic traces allows criminalists to determine the type of weapon, its categorical affiliation. For example, cartridge cases allow you to determine what was fired from. Fraction, wads can suggest the source of their origin.

Remark 2

The fundamentals of forensic ballistics are significant in that the techniques developed by it make it possible to establish the truth in the wake of a shot, and sometimes even solve a crime.

Forensic ballistics is a branch of forensic technology that studies firearms, ammunition, patterns of the firing mechanism and the occurrence of marks on bullets, cartridge cases and obstacles, develops techniques, methods and means for detecting, collecting and examining these objects to establish the circumstances of the event under investigation.

If you notice a mistake in the text, please highlight it and press Ctrl+Enter