Kryukova E.S.

The article discusses the scientific foundations of theoretical ideas about the regularities and laws studied by criminalistics. The historical development of ideas about the subject of criminalistics, introduction to the subject of science and forensic theory of the concept of “regularities” are shown. The authors disclose the concept of “regularity”, “law” and their correlation. The elements of the dialectical method, which are the basis of the theory and methodology of criminalistics, are given, the content of the basic dialectic laws, especially the law of the unity and struggle of opposites, is revealed. The concept of “reflection” (display) is considered as the result of the interaction of material objects that underlies the forensic investigation of the mechanism of formation the traces and the theory of identification.

The article is a result of the work of its authors on the organization of study process and law teaching at the French University College in Moscow. The publication reveals the history and mission of the French University College; it shows the specificities of law teaching. Having a clear humanitarian purposes, the College promotes the Russian-French cooperation in the field of science and culture. In terms of the legal disciplines, the most important component is the fundamental human rights studies. The“classic” legal disciplines (French civil law, history of French law, constitutional law, European law, etc.) are taught from the point of view of the need to protect human rights.

The article discusses the dialectical representation of the subject of forensic science, the reflection and role of consistent patterns and contingency in the disclosure and investigation of crimes. Definitions are given to the concepts of “consistent patterns”, “contingency”, examples of their understanding and use in science. It is noted that in forensics randomness often has a negative meaning, it is perceived as randomness, unpredictability, absurdity, but it can also have a positive meaning when randomness “plays” in favor of the investigation and provides the investigator with some freedom of choice.

The article discusses the essence and subject of forensic science and the patterns (laws) of objective reality included in it. Patterns are considered as general, representing the expression of essential, internal, necessary and repetitive relationships of reality. Its antipode, complement and form of manifestation is randomness, a characteristic feature of which can be called individuality and uniqueness of objects. The author proves that forensic science knows that which is typical, repetitive, stable, which is characteristic of criminal and forensic activities, but this is not limited to, knowing individual and unique phenomena and objects that deviate from typical ones.

The article discusses the dialectic categories of patterns and randomness in the aspect of forensic science, their significance in the disclosure and investigation of crimes. Particular attention is paid to the study of forensic science in the structure of legal sciences, social sciences (humanities) related to the activities of society and man. The question of the inclusion of randomness in the definition and subject of forensic science is studied, the positions of Russian and foreign scientists are given.