- Journal Issues
- № 2 2016 Procedural, criminalistic and organizational and legal problems of advocate activity
- Actual issues of criminalistic providing of the advocate activity
- The historical genesis of using criminalistics knowledge in the advocacy
The historical genesis of using criminalistics knowledge in the advocacy
Review
Based on analysis of criminalistics literature, the author analyzes historical sources how advocates using criminalistics knowledge in solving their professional tasks. The author substantiates about relevance of chosen research direction referring to the fact, that works of criminalists scholars and processualists on above stated issues related only to organizational and legal matters of the advocacy, where provision and prospects of its criminalistics ensuring explored inconclusive. Together with this noted that the historical sources of criminalistics ensuring of advocacy as the question about expediency of application criminalistics facilities by advocates are still disputable and in connection with the further reformation of the advocacy gained with particular relevance.
The author defines that at first the idea about necessity in developing comprehensive tactical and organizational-methodological recommendations, which would contribute advocates in solving their professional tasks as well were expressed in works of famous Russian rights activist A.F. Koni.
Having analyzed many scholarly sources and monuments of Ukrainian law, the author expressed point of view, that in the domestic legal doctrine of advocates’ development of the scientific understanding in application of criminalistics knowledge occurred in close correlation with the formation of the professional advocacy.
In this view the author offered the following periodization of application criminalistics knowledge in the advocacy: 1st stage - the emergence of advocacy in Ukraine in the period of Polish-Lithuanian day (XIV-XVI centuries). 2nd stage - the advocacy in the period of XVII century; 3rd stage - the advocacy in the period of judicial reform in 1864; 4th stage - the advocacy in the Soviet period (from 1917 to the 90's. XX century.); 5th stage - modern advocacy (90-ies. XX century till present).
Keywords: criminalistics, criminalistics knowledge, advocacy, the historical sources, criminalistics ensuring.