REGULATORY REGULATION OF EXAMINATION AS A MEANS OF INFORMATION SUPPORT OF CRIMINAL PROCEEDINGS

Abstract

The article is devoted to the analysis of the process of normative regulation of examina-tion as one of the means of information support of investigation and formation of judicial evi-dence in criminal proceedings. The authors analyze the process of formation, development and normative consolidation of this method of obtaining information about the circumstances of a criminal offense. The evolution of the institute of examination is analyzed, attention is drawn to the fact that at all stages of its regulatory regulation, the rules on examination were contained in one section or in one article with an overview. This allows us to consider the ex-amination as a kind of review, the specific object of which is the body of a living person, which determines the range of tasks that can be solved only by the review. However, its content in-cludes actions that allowed getting information during the direct review of both the body of a living person and other objects, as well as establishing the mental state of the person in which he was during the commission of the crime or after its commission (insanity). It is noted that to solve the tasks of the examination, the investigator is entitled to involve a specialist in the relevant field of knowledge, including medicine. It is noted that at a certain stage of development of legislation, two types of examination were identified: investigative and forensic. The first one was conducted by an investigator, and the second by a forensic expert or a doctor. The investigator drew up a protocol on the results of the examination, the forensic expert drew up an act, and the doctor issued a certificate. It is proved that in Art. 241 of the CPC there is one type of examination - investigator, which, if necessary, may involve a forensic expert, doctor or other specialist.