Review

The article proposes one of the most effective algorithms for conducting an alternative identification of a person (civilian or combatant) killed as a result of Russia’s military aggression. This algorithm has been tested in the practical activities of investigators of the National Police of Ukraine since the end of March 2022, when the Kyiv region was de-occupied, but its use has been criticized due to certain procedural conflicts. Based on the available comments, this algorithm is used as an auxiliary one, and its results are only partially taken into account. Nevertheless, the media coverage of the results of the work of forensic specialists of the National Police of Ukraine (hereinafter referred to as the NPU) by the leadership of the Ministry of Internal Affairs of Ukraine (hereinafter referred to as the MIA) in the media arouses considerable interest among citizens, especially when it comes to the need to conduct genetic identification of their deceased relatives. Therefore, provided that the procedural sequence and combination of investigative (detective) actions are observed, and procedural documents are drafted correctly, the systematized algorithm presented by the authors has the right to exist as an independent tool for identification of a person.

It is the scientific substantiation of the possibility of practical use of the demanded algorithm for alternative identification of a deceased person (primarily a combatant), which combines various elements of non-genetic and genetic identification, that is the purpose of the article.

In accordance with this goal, the author uses a set of general scientific and special scientific methods of scientific knowledge: the dialectical method of scientific knowledge; general empirical methods (observation, comparison, description); logical approach (analysis, synthesis, generalization, analogy); special legal methods (comparative legal and systemic-structural).

The authors note that in the context of martial law and constant challenges associated with the influence of the force majeure factor, it is advisable to use combined methods of identification of the dead. In particular, the rapid method of examining samples of biological origin from a corpse using the ANDE 6C Rapid DNA Analysis system can significantly simplify the identification procedure, which currently takes months. This method can and should be used as part of pre-trial investigations in criminal proceedings on the facts of deaths, identification of bodies of civilians and military personnel killed in missile and bomb attacks on residential areas, infrastructure and as a result of force majeure.

The study clarified the practical component and took into account the fact that the use of the rapid method of examining samples of biological origin described below was effective in documenting high-profile events that resulted from violations of the laws and customs of war and led to the death of people. It should also be noted that in practice, molecular genetic examinations have confirmed a high percentage of positive results obtained by using the ANDE 6C Rapid DNA Analysis system for rapid DNA identification, conducted on the same objects of investigation.

It is stated that there is no proper procedural basis for the use of the rapid method of identification of the deceased person, since no relevant amendments to the criminal procedure legislation have been adopted (the draft Law of Ukraine «On Amendments to the Criminal Procedure Code of Ukraine in order to optimize the involvement of specialists during the pre-trial investigation of 20.09.2023 № 10075» was not supported by the Main Scientific and Expert Department of the Verkhovna Rada of Ukraine, and no alternative bills have been submitted so far). Given the lengthy process of adopting amendments to the legislation, which is carried out without taking into account the urgency of resolving the issue of procedurally correct application of the method of rapid analysis of samples of biological origin (hereinafter referred to as rapid analysis), it is advisable to develop and implement an agreed algorithm for alternative identification of the deceased person by analogy with the use of special knowledge during the examination (Article 237(3) and (7) of the CPC of Ukraine).

Keywords: identification of a person, war crimes, examination, investigative actions, non-genetic identification, molecular genetic examination, DNA research, forensics, combatants.