THE USE OF FORENSIC EXPERTISE DURING THE INVESTIGATION OF COLLABORATIVE ACTIVITIES (BASED ON JUDICIAL AND INVESTIGATIVE PRACTICE MATERIALS)

Abstract

The article is dedicated to exploring the use of forensic expertise during the investiga-tion of collaborative activities. According to the results of the study of 150 judgments of national courts rendered in 2022-2023 in criminal cases involving offenses defined by Article 111-1 of the Criminal Code of Ukraine, it was found that forensic expertise was appointed in 118 cases (78,7%). In 32 cases (21,3%), forensic expertise likely was not appointed. In 10 proceedings 2 forensic expertises were conducted, and in 2 proceedings 3 were conducted. In three (2%) of the cases examined, courts took into account the conclusions of specialists (during the judicial examination re-garding criminal offenses defined by Part 1 of Article 111-1 of the Criminal Code of Ukraine). Based on the conducted empirical research, it was found that the typical forensic exam-inations appointed during the investigation of collaborative activities are as follows: forensic semantic-textual (27,3%, 41 criminal proceedings), forensic handwriting (22,7%, 34 criminal proceedings), forensic portrait (17,3%, 26 criminal proceedings), forensic examination of com-puter equipment and software (12%, 18 criminal proceedings), forensic examination of video and audio recordings (2%, 3 criminal proceedings), forensic phototechnical (1,3%, 2 criminal proceedings), transport and commodity examination (1,3%, 2 criminal proceedings), forensic psychological (1,3%, 2 criminal proceedings), forensic psychiatric (0,7%, one criminal pro-ceeding). It is emphasized that in certain cases, depending on the circumstances of the specific criminal proceedings, other types of forensic examinations may be appointed during the in-vestigation of manifestations of collaborative activity, including forensic technical examina-tion of documents, forensic handwriting analysis, and forensic product examination. Situa-tional circumstances may also warrant the appointment of other forensic examinations (such as fingerprint examination, trace analysis, molecular genetics, etc.). Typical lists of questions to be addressed to experts are formulated, and recommenda-tions are provided for preparing materials to be submitted to the expert. It is noted that during the preparation of objects for examination and samples for com-parative analysis, as well as in formulating questions for the expert and determining the ex-pert institutions or experts who can conduct a particular examination, it is advisable for the investigator (interrogator) to seek the assistance of a relevant specialist.