Вісник Харківського національного університету внутрішніх справ (Dec 2023)
Methodological aspects of forensic commodity examination of live animals
Abstract
The article is devoted to the generalisation of methodological approaches to the forensic commodity examination of live animals. It is determined that the main stages of the examination are: 1) verification of compliance of the characteristics of the object of study with the data provided in the case file; 2) determination of the value characteristics of the animal: age, breed, sex, colour, physical condition (weight, assessment of appearance), as well as examination of documents certifying the animal’s pedigree (if any); if it is necessary to use special knowledge to assess the physical condition of the animal, a forensic commodity expert may request a forensic veterinary examination; 3) market price research for live animals of the same breed, age, sex, etc.; 4) preparation of a forensic commodity examination report indicating the value of the object of research. It is established that animals which are the objects of forensic commodity expertise are subject to the legal regime of a thing. It is allowed to apply the main legal acts for conducting a commodity expertise, in particular, the Law of Ukraine “On Forensic Examination” and other laws of Ukraine, the Instruction on the appointment and conduct of forensic examinations and expert studies, as well as the Methodological Recommendations on the organisation and conduct of forensic examinations of livestock, poultry and other live animals - objects of management. The article considers the peculiarities of applying the methods of assessment of live animals. During the examination, the expert must justify the feasibility of applying a particular approach, taking into account the purpose of the animal, its physical condition, and productivity indicators. To assess the value of domestic animals and individual heads of farm animals, it is advisable to use a comparative approach, which consists in finding out the market value of similar animals at the time of the study. For the purpose of livestock assessment, and depending on the subject matter of the claim (damage, recovery, etc.), it is advisable to take into account the amount of assessment calculated under the cost approach. When the real value of livestock depends on their productivity, it is advisable to take into account the amount of valuation determined by the income approach. This article analyses the state of information support on the basis of which such an assessment was made.
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