PROBLEMS OF APPOINTMENT AND CONDUCT OF ENVIRONMENTAL EXPERTISE

Abstract

The article examines the phenomenon of forensic examination. The types of forensic examinations are listed in accordance with the current criminal procedural legislation. The concept of forensic environmental examination is considered. The current legislation in the context of regulating the appointment and conduct of forensic environmental expertise under martial law is analyzed.

In the conditions of waging a full-scale war, the study of the purpose and conduct of a forensic environmental examination in the occupied and not only territories in the conditions of a special state is gaining more and more importance. Recently, the range of amendments made to the criminal procedural legislation regarding the regulation of this phenomenon has been expanding. The pre-trial investigation has not undergone significant changes, but there are many debatable issues and misunderstandings when it comes to the procedure and procedural terms. This, in turn, determines the relevance of the topic and the need for a thorough study of the legislative framework, analysis of problematic issues that arise in connection with this. Therefore, in the conditions of an increase in the commission of criminally punishable acts, it is extremely important that the criminal procedural legislation of Ukraine enables the investigation and regulates this process.

The key legislative acts in the conduct of forensic environmental examinations are the Law of Ukraine "On Forensic Examination", the Order of the Ministry of Justice "On Approval of the Instructions on the Appointment and Conduct of Forensic Examinations and Expert Studies and Scientific and Methodological Recommendations on the Preparation and Appointment of Forensic Examinations and Expert Studies" , Criminal Procedure Code. These regulations contain requirements for subjects, their rights and obligations, the procedure for conducting and key points of research.

The objects of environmental expertise are material and materialized sources of information containing factual data about the circumstances of an emergency environmental situation.

It should be noted that a characteristic feature of forensic environmental examinations in the investigation of crimes against the environment is that they can be appointed both at the initial stage of the pre-trial investigation and at the subsequent stages of the trial, depending on the need.