Forensic support for judicial investigation in civil proceedings

Abstract

This article is devoted to one of the urgent tasks of theoretical development of modern forensic science, which has a clearly expressed applied significance — ensuring judicial investigation in civil proceedings. Based on the interdisciplinary status of forensic science as a science that develops not only a special methodology for the investigation and prevention of crimes, judicial investigation, but also forensic support for judicial activity in other types of legal proceedings, we are faced with the need to create private teachings and theories in its development. At the same time, forensic support is needed for the means (sources) of evidence that are admitted as such by the legislator in civil and arbitration proceedings. From the understanding of proof as a cognitive and practical activity consisting of obtaining (collecting, securing), examining and evaluating evidence, it follows that the use of forensic capabilities should relate to those admissible in the process: written evidence, material evidence, explanations of the parties and other participants in the process, testimony of witnesses, audio and video recordings, expert opinions and testimony, consultations and testimony of specialists. It should also cover general methodological principles taking into account the stage-by-stage nature of legal proceedings, the distribution of the burden of proof, its adversarial nature and other features of civil and arbitration processes.

References

1. Alekseev, S.S. (1995). Theory of Law. Moscow (in Russ.).
2. Zhizhina, M.V. (2004). Evaluation of a Forensic Expert's Conclusion in Arbitration Proceedings (Procedural and Tactical Aspects). Bulletin of the Supreme Arbitration Court of the Russian Federation, 5, pp. 133–137 (in Russ.).
3. Zhizhina, M.V. (2007). Forensic Examination of Documents in Arbitration Proceedings. Moscow (in Russ.).
4. Karepanov, N.V. (2022). Features of the Version Process in the Use of Forensic Knowledge Methods. East European Scientific Journal, 1–2(77), pp. 63–68 (in Russ.).
5. Knyazkov, A.S. (2013). Tactical and cognitive nature of the investigative version. Bulletin of Tomsk State University, 2(8), pp. 48–59 (in Russ.).
6. Kozlovsky, L.V. (2019). Planning of crime investigation. Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia, 3(50), pp. 90–96 (in Russ.).
7. Larin, A.M. (1970). Criminal investigation. Planning and organization. Moscow (in Russ.).