Value of evidence of the results of instrumental diagnostics of authenticity of verbal information in criminal process of Ukraine
Review
The paper is devoted to the research of problematic issues of determining the probative value of the results of polygraph examinations in criminal proceedings. An assessment of the conformity of the results of polygraph examinations provided by the parties to the court as evidence in criminal proceedings, must respond membership criteria, admissibility and authenticity is given.
The systemic analysis of court decisions in recent years shows the ambiguity of domestic court practice in deciding whether the results of instrumental diagnostics of verbal information (polygraph examinations) can be evidence in criminal proceedings. There is no unambiguous decision in this issue in decisions of courts of appellate and cassation instances.
It has been established that in spite of the clarity of the wording of the status of affiliation of evidence in criminal proceedings, in practice of law enforcement, when parties are trying to bring evidence in the criminal proceedings, including obtained using instrumental diagnostics (polygraph), which do not meet requirement of affiliation.
It has been established that the absence of certified and properly documented polygraph research methods results in the absence of a single terminology in the notation of socalled forensic examinations carried out in criminal proceedings by polygraph examiners, and it is one of the main reasons why an expert’s conclusion drawn as a result of an instrumental diagnosis of verbal information, which is reported, is inadmissible in criminal proceedings. At present, the results of the use of the polygraph in the pre-trial investigation may have the proof of only the document and the testimony of a witness, subject to established requirements in legislation.
The reliability of the results of polygraph research depends on many factors, such as: technical data of the hardware complex (polygraph), the methods by which the testing is carried out, the professional experience of the polygraph examiner, the observance of the research methods, and others.
Keywords: evidence in criminal proceedings, relativity, admissibility, reliability, polygraph, forensic examination, expert polygraph examiner.