Expert’s findings in criminal proceedings on environmental crimes

Pohoretsky M., Starenkyi O., Serhieieva D. Expert’s findings in criminal proceedings on environmental crimes. Науковий вісник Національного гірничого університету. 2019. № 1. С. 216-224

Purpose.To highlight the problematic issues of using the expert’s findings in criminal proceedings on environmental crimes, to analyze new legislative changes regarding the procedural arrangements for conducting an expert examination in criminal proceedings, to identify their disadvantages and to provide scientifically substantiated proposals for their solving.

Methodology.The results are obtained through the application of general scientific and special research methods: system-structural, formal-logical (dogmatic), comparative, sociological, and statistical.

Findings.It has been established that in the criminal proceedings on environmental crimes the following types of expert testimony in court are carried out: 1) forensic environmental examinations and expert assessments in the field of environmental protection; 2) forensic examinations; 3) technical expertise; 4) other expertise. It is in these aspects that it is necessary to disclose the essence of expertise as a means of obtaining evidence in criminal proceedings on environmental crimes.The main reasons for the low effectiveness of the use of expert’s findings as evidence in criminal proceedings about environmental crimes are as follows: improper removal and packaging during the crime scene examination, inspection of objects, search, temporary access to things and documents of objects that are subsequently sent by an investigator, prosecutor or counsel for conducting an expert examination in criminal proceedings on environmental crimes; failure of investigators, prosecutors carrying out investigative (search) actions to join relevant specialists who possess special ecological, biological, soil-agrochemical, geological, geographic, technical and other knowledge, for the extraction and packaging of these objects; improper storage of objects that are subsequently transferred for examination; investigators and prosecutors’ delaying the deadlines to initiate the issue of conducting an examination regarding those objects that quickly deteriorate and lose their physical properties; the lack of proper and expert expertise in the specifics of conducting expert examinations in criminal proceedings on environmental crimes.Using the method of system analysis and the formal-logical (dogmatic) method of research, it is proposed to consolidate the procedural arrangements for the appointment of an expert examination in criminal proceedings, which was in force until March 16, 2018, in the current legislation of Ukraine. In order to increase the effectiveness of the implementation of the principles of competition in criminal proceedings on environmental crimes, it is proposed to supplement Art. 243 CPC of Ukraine with new provision.

Originality.The grouping of expert testimony in court carried out in criminal proceedings on environmental crimes has been improved: 1) forensic environmental examinations and expert assessments in the field of environmental protection and protection; 2) forensic examinations; 3) technical expertise; 4) other expertise.

The article analyzes the provisions of the Law of Ukraine “On Amendments to the Commercial Procedural Code of Ukraine, the Civil Procedural Code of Ukraine, the Code of Administrative Justice of Ukraine and other legislative acts” of October 3, 2017, No. 2147-VII, which conceptually changed the mechanism of obtaining evidence by conducting an expert testimony in court in criminal proceedings. Disadvantages of this Law are identified and possible ways of optimization of the provisions of the current criminal procedural legislation of Ukraine are proposed.

Practical value.The practical significance of the obtained results is that they can be used by the subjects of the legislative initiative in improving the provisions of the current criminal procedural legislation of Ukraine, as well as by practitioners during the investigation on environmental crimes.