Scientific Premises for the Formation and Development of Criminalistic Doctrine on the Collection, Examination and use of Evidence in Criminal Proceedings

Abstract

The purpose of the article is to analyze forensic problems of theoretical and practical nature, which serve as scientific premises for the formation and development of criminalistic doctrine on the collection, examination and use of evidence in criminal proceedings. Methodology. A system-structural and formal-logical analysis was applied to determine forensic issues, which are the premises for the formation and development of the doctrine, the method of forecasting – to determine the approximate ways of solving such problems. Scientific novelty. On the basis of the analysis of the basic directions of scientific search in criminalistics, the author has identified a number of common scientific problems of forensic science, for which criminalistic doctrine on the collection, examination and use of evidence in criminal proceedings can indirectly serve as a solution within the scope of its subject of research, as well as a number of own scientific problems of this sphere of knowledge. The ways of solving the described problems through the formation and development of the proposed doctrine are given. Conclusions. Scientific premises for the formation and development of the abovementioned doctrine are a number of problems of theoretical and practical nature, for the solution of which it serves. Common forensic problems that can be solved by the doctrine are: the problem of the impact of scientific and technological progress on criminal activity and on the activities of detection, investigation and counteraction to crime; the problem of compliance of scientific forensic recommendations with the requirements of the current legislation; the problem of conformity of theoretical forensic developments with the requirements of practice and generalization of practical experience of applying forensic recommendations; the problem of criminalistics integrating the achievements of other fields of knowledge; the problem of defining the criminalistics system. The own problems of the doctrine include: the presence of a large number of different scientific works in this field; lack of theoretical substantiation of the doctrine; the need to formulate specific forensic views on evidence and proving. The formation and further development of proposed criminalistic doctrine should help to solve the problems described.

Keywords: criminalistics; private criminalistic doctrine; scientific prmises; scientific and technological progress; practice.