ПОНЯТТЯ ОБІЗНАНИХ ОСІБ ТА ФОРМИ ЇХ ЗАЛУЧЕННЯ У КРИМІНАЛЬНОМУ СУДОЧИНСТВІ УКРАЇНИ

Abstract

In the scientific article, the author investigated the concept of knowledgeable persons in the criminal justice system of Ukraine. In particular, it was determined that the term "informed persons" appeared for the first time in the 19th century and was enshrined in the Code of Criminal Laws of the Russian Empire in 1832 and the Statute of Criminal Procedure in 1864. It is noted that the term "informed persons" is absent in the current criminal procedural legislation, but it is found in numerous domestic scientific publications on the criminal process, criminology and forensics. The author analyzed numerous definitions of the concept of "informed persons" provided by domestic and foreign scientists and formulated the author's definition based on them. Based on the position of scientists and the author's own definition of the concept of "informed persons", the author has identified a number of characteristics that are inherent to them. It has been investigated that in the scientific literature there is no single approach to understanding the system and classification of forms of using special knowledge in criminal proceedings. It is noted that the meaning of the differences comes down to the fact that some scientists list the forms of using special knowledge without specifying any grounds, others propose to carry out classification on different grounds, taking into account the subject who applies special knowledge, the evidentiary value of the results obtained, by type activity, purpose of use, etc. It is claimed that the majority of scientists divide the methods of involving knowledgeable persons into two main forms – procedural and non-procedural, however there are proposals for the selection and classification of forms of using special knowledge on the basis of other criteria, which are given in this work. Specific forms of using special knowledge (involvement of knowledgeable persons) in criminal proceedings have been determined based on the specifics of the current criminal procedural regulation of the legal status of knowledgeable persons and the procedure for their involvement in criminal proceedings, as well as the evidentiary value of the results of such participation. The following forms of using special knowledge (forms of involvement of knowledgeable persons) in criminal proceedings are distinguished: 1) involvement of an expert; 2) involvement of a specialist; 3) participation of the translator