- Journal Issues
- № 1 2015 Problems of pre-trial investigation
- Problems of criminalistics
- Value of criminal procedural law and criminalistics
Value of criminal procedural law and criminalistics
Review
The article deals with criminal procedure law and criminalistics as an independent branches of science which are series of criminal sciences and established that they are closely interrelated, highlighted their integrative relationships. Determined that the relationship is manifested in the study of certain objects of knowledge, but in different ways. Analysis of the history and development of scientific knowledge about the nature and subject matter of criminalistics provides grounds for its determination as a science of a system of principles and techniques of knowledge of the mechanism of criminal activities and activities of investigation and solution of crimes. Its subject is a definite pattern, manifested in these activities, and determine the relationship with other legal forensic science that studies crime and suggest measures to combat it. Communication of criminalistics with rules of law (criminal, criminal procedure, and others) makes it legal science, which is one of criminal science. Scientific statements and recommendations are implemented in forensic law enforcement and court functions with the help of certain subjects, giving ground of allocation of a special kind of activity – forensic activities. Relation of criminalistics and criminal procedure determined that these two sciences have a common object of study, which serves to investigate the activities of crime. Criminalistics takes a subordinate function – its recommendations are based on the procedural provisions and in fact aimed on implementing the procedural requirements. Criminal procedure defines the status of the science of participants of criminal proceedings, order the investigation and consequently limits the use of tactics, scientific and technical tools guidelines. On the other hand, forensic statements and recommendations are formulated that repeatedly were reproduced in the articles of the criminal procedure law, turning to his prescriptions. The author proposed the idea of an independent legal regulation of forensic activities through the creation of «special part» of the Criminal Procedural Code of Ukraine. Keywords: crime, criminal procedure, criminalistics, forensic activities, communication, relationship.