International and European forensic support standards for criminal proceedings

Abstract

The research relevance is determined by the Ukrainian candidateship European Union membership, and therefore one of its priority tasks is to adapt all legal mechanisms for regulating public relations to European standards, including in the area of criminal proceedings. The study aims to define the concept and content of international and European standards of forensic support of criminal proceedings. Comparative legal, systemic structural, and dogmatic methods were used in the study. Based on the study results, it is established that international and European standards of criminalistics support criminal proceedings covering both criminal procedural and forensic aspects. The author argues that in the criminal procedural aspect, such standards are manifested in the fact that all actions in criminal proceedings are carried out exclusively in the manner prescribed by criminal procedural legislation. A generalised statement on the fact that in the field of criminal proceedings, it is permissible to use the category of international standards for the implementation of this type of state activity in the course of its forensic support, but the procedural rules of both investigative and judicial activities cannot be brought by the international community to a single standard for all countries, since they are specific to each state depending on the system of government, legal system, historical, political and other features. The provisions of international and European standards of forensic support of criminal proceedings are also analysed, concluding that in the forensic aspect, criminal proceedings are implemented with the use of appropriate technical, tactical, and forensic support, and the allocation of such positions is of practical importance to ensure effective achievement of the objectives of criminal proceedings by the best international and European standards. The study findings can be used for further scientific research on the issues of criminal proceedings, as well as for improving the efficiency of the relevant part of Ukrainian criminal procedure legislation and law enforcement activities

Keywords

• investigation
• criminal offence
• human rights and freedoms
• investigative (detective) actions
• forensic means