Pravoprimenenie (Mar 2017)
LICENSING AND CERTIFICATION ACTIVITIES OF NON-STATE FORENSIC INSTITUTIONS: THEORY, LEGISLATION, LAW ENFORCEMENT PRACTICE (CRIMINAL PROCEDURAL ASPECT)
Abstract
This article comprehensively and adequately considered some theoretical and practical aspects concerning the types of expert activities, the implementation of which non-state forensic-expert institution should have an appropriate license issued by them in the manner prescribed by law. Reflected the current system of voluntary certification for the test subject non-state forensic activities. The analysis of judicial practice on sample questions provided law enforcement mistakes of actors eligible to appoint a forensic examination in the criminal case, invited some of the trends of the current legislation.As shown in the examples, despite explicit legal requirements on licensing of certain types of expertise-there are still violations of non-state forensic agencies. Regarding the certification of the institutions, we note that the absence in the law on forensic examination requirements for mandatory certification activities of non-state forensic institutions allow these organizations to make a decision about the need of certification of their activities. This approach of the legislator to the activities of non-state forensic institutions in light of the discussion in this section is not correct, in view of what we have proposed recommendations to improve normative-legal regulation in the field of forensics.
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