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Information about the author

Popova Irina Pavlovna - Chief of the Ust-Ilimsk city court of Irkutsk region, 666689, p. Ust-Ilimsk, Dekabristov St., 3, tel. 8 (395 35) 632-58, e-mail: [email protected]


The article discusses the issues of delimiting the functions of specialists and experts. Analyzing the Russian criminal procedural legislation regulating the activities of experts and specialists, the author draws attention to the peculiarities of their participation in investigative and other procedural actions.

Key words: specialists experts special knowledge the use of technical means.


The author has put emphasis on the distinction between the functions of forensic specialists and experts. Having analyzed Russian legislation regulating the activities of experts and specialists, the author draws attention to the lack of expertise and the workload of experts. she proposes to increase the expert staff of the Ministry of Internal Affairs of Russia.

Keywords: experts, experts, specialized knowledge, the application of technical means.

The use of special knowledge in the investigation of crimes and the involvement of knowledgeable persons in this process were known even in pre-revolutionary Russia. Over time, this institute has co-

perfected, acquiring more and more distinct forms and outlining the prospects for its development. The period of formation of the institution of knowledgeable persons was not easy, until now it has not finished its formation, but continues to develop.

As rightly pointed out by T.V. Averyanov, all the problems of forensic activity that specialists have to deal with in practice can be conditionally divided into problems of a procedural, methodological and organizational nature [1].

The current Criminal Procedure Code of the Russian Federation has significantly strengthened the procedural status of a specialist, endowing him with a number of powers. In particular, the testimony and conclusion of a specialist in accordance with paragraph 3 of Part 2 of Art. 74 of the Code of Criminal Procedure since 2003 are an independent source of evidence. It seems that this provision increases the importance and obligatory participation of a specialist in the production of a number of investigative actions and rendering assistance to the bodies of preliminary investigation of the case.

In the activities for the prevention and investigation of crimes, there are two forms of using special knowledge: provided for by the criminal procedural legislation (forensic examinations, participation of specialists in the preparation and conduct of investigative actions) and not provided for by the criminal procedural law (advisory and reference activities of specialists).

The criminal procedural legislation of the Russian Federation contains a set of norms that regulate various issues of the use of technical means and special knowledge in the process of investigating crimes.

Thus, the RF Criminal Procedure Code defines the subjects of the use of technical means and the use of special knowledge. There are two main groups of these subjects. The first is the subjects authorized to independently carry out investigative and other procedural actions: the prosecutor, the investigator, the interrogator, the head of the investigative department (Articles 37, 38, 39, 41 of the Code of Criminal Procedure of the Russian Federation). Proceeding from this, responsibility for the quality and efficiency of the production of investigative actions lies with them, in connection with which the use of technical means is their responsibility.

In cases where the named subjects cannot use technical means, they resort to the help of a specialist or expert, that is, special subjects of using technical means, which should be attributed to the second group.

Part 1 of Art. 58 of the Code of Criminal Procedure of the Russian Federation directly stipulates that a specialist, that is, a person with special knowledge, is involved in the procedural actions to assist in the detection, securing and seizure of objects and documents, the use of technical means in the study of material evidence.

Part 1 of Art. 57 of the Code of Criminal Procedure of the Russian Federation, it is established that if in the course of the investigation it is necessary to obtain an opinion on special issues, the investigator, the interrogating officer appoint an examination, the production of which is entrusted to an expert - a person with special knowledge. The expert, using technical means, certain conditions, makes special studies, based on the results of which he gives a conclusion.

The Criminal Procedure Code of the Russian Federation defines the purposes of using technical means: to assist in the detection, consolidation and seizure of objects and documents, the study of various circumstances (part 1 of Art.58 of the Criminal Procedure Code of the Russian Federation) photographing or filming material evidence (objects) that due to cumbersomeness or other reasons, they cannot be stored in a criminal case, including large consignments of goods, the storage of which is difficult or the costs of providing special storage conditions for which are commensurate with their cost (clause 1 "a", part 2 of article 82 of the Criminal Procedure Code of the Russian Federation) preparation of the protocol of the investigative action. Part 2 of Art. 166 of the Criminal Procedure Code of the Russian Federation states that: “the protocol can be. made with the help of technical means ”. It seems that photography, filming, audio and video recording can be used for these purposes. Technical means can also be used to record the course and results of an investigative action, if it is carried out without the participation of attesting witnesses (part 1.1 and part 3 of article 170 of the Criminal Procedure Code of the Russian Federation) photographing and fingerprinting of a corpse (part 2 of article 178 of the Code of Criminal Procedure of the Russian Federation) control and recordings of negotiations (Article 186 of the Code of Criminal Procedure of the Russian Federation), etc.

Part 6 of Art. 164 of the Code of Criminal Procedure of the Russian Federation stipulates that "in the production of investigative actions, technical means and methods of detecting, fixing and seizing traces of a crime and material evidence can be used", in part 2 of Art. 178 of the Code of Criminal Procedure of the Russian Federation enshrines the mandatory use of technical means (unidentified corpses are subject to mandatory photographing and fingerprinting).

The Criminal Procedure Code of the Russian Federation establishes a special procedure for the use of technical means during certain investigative actions (photographing, video recording and filming of the survey, co-

carried out by exposure, are carried out with the consent of the person being examined (part 5 of article 179 of the Criminal Procedure Code of the Russian Federation) and the procedure for registering the results of the use of technical means in the performance of certain investigative actions (the protocol must indicate the technical means used in the production of the investigative action, the conditions and procedure their uses, the objects to which these tools were applied, and the results obtained). It should be noted in the protocol that the persons participating in the investigative action were warned in advance about the use of technical means in the production of the investigative action (part 5 of article 166 of the Criminal Procedure Code of the Russian Federation).

Information about technical means must be reflected in the protocols of individual investigative actions (if during the interrogation photographing, audio and (or) video recording, filming were carried out, then the protocol must also contain: a record of photographing, audio and (or) video recording, filming information on technical means, on the conditions of photography, audio and (or) video recording, filming and on the fact of suspension of audio and (or) video recording, filming, the reason and duration of stopping their recording of the statement of the interrogated person regarding photography, audio and ( or) video recording, filming (clauses 1, 2, 3, part 4 of article 190 of the Criminal Procedure Code of the Russian Federation)).

Technical means, techniques and methods in the process of disclosing, investigating and preventing crimes should be applied by subjects authorized by law, so that individual rights are not violated, honor is not humiliated, the dignity of citizens is not diminished, so that there are no obstacles in the exercise of their constitutional procedural rights during the preliminary investigation and consideration of the case in court.

In the process of proving in criminal cases, only those technical means, techniques and methods are used that are based on truly scientific achievements, have undergone experimental verification and are recognized by forensic practice.

The results of the use of technical means in the conduct of investigative actions are subsequently repeatedly investigated by participants in criminal proceedings.

The general provisions of the law governing the involvement of experts and specialists to participate in investigative and judicial actions are enshrined in Art. Art. 57, 58, 164, 168 and 251 of the Code of Criminal Procedure of the Russian Federation. These norms of the law determine the procedural status of an expert and a specialist, basic

rights, obligations, responsibility and the procedure for their participation in investigative actions. General provisions are concretized in the articles of the Criminal Procedure Code, regulating the production of certain investigative and judicial actions, such as: examination of a corpse and exhumation (Articles 178, 287), examination (Articles 179, 290), investigative experiment (Articles . 181, 288), personal search (Article 184), presentation for identification (Articles 193, 289), interrogation (Articles 189, 190), verification of testimony on the spot (Article 194), obtaining samples for a comparative study (Article 202), etc.

The most common procedural form of using technical means and special knowledge is a forensic examination, which is carried out in cases where special knowledge in science, technology, art or craft is required to resolve issues.

There are significant differences between the conduct of expert examinations and the participation of specialists and experts in investigative actions. First of all, they are associated with the nature of the facts established with their help.

There are also certain differences in order to use the special knowledge of an expert and a specialist in the course of an investigative action.

The specialist is involved mainly to provide scientific and technical assistance to the investigator in the preparation and conduct of the investigative action, in the search for various traces and objects, fixing the results of the investigative action, consulting the investigator on special issues, etc. (Article 58 of the Code of Criminal Procedure of the Russian Federation). The participation of an expert in procedural actions most often has the main task of assisting the investigator in clarifying the relationships of traces, objects, phenomena, checking previously established investigative and expert data, eliminating contradictions between them, clarifying additional information and initial data for the rational organization of subsequent research. This does not exclude the expert's provision of scientific and technical assistance to the investigator, but this function in the expert's activity, in contrast to the participation of a specialist, is secondary.

On August 31, 2012, the RBC daily newspaper published an article that analyzed the “Road Map” of structural changes in the Ministry of Internal Affairs of Russia, one of which is associated with an expert department. In particular, the article notes: “This

day, the same forensic experts go to the scene of the crime and conduct laboratory examinations. As a result, police experts are overwhelmed with work. It is proposed to distinguish between the functions of a forensic specialist and an expert. The first will go to operational-search activities for grave and especially grave crimes, help police officers use forensic equipment, take part in searches, seizures, control and record negotiations - in fact, be assistants to the investigator. The experts, on the other hand, will not have to leave the laboratories: they will be left with the production of examinations and participation in some procedural actions (interrogation, examination of testimony, etc.). A new position is being introduced - a specialist in the forensic service of the Ministry of Internal Affairs, as well as in operational and investigative work. For retraining from ordinary employees to special ones, short courses are organized. The main difference between specialists will be in their technical expertise: they must provide their colleagues with scientific, technical and analytical assistance. The divisions often receive new equipment, which employees do not know how to use, - explains a source in the Ministry of Internal Affairs of the Russian Federation, - it is not possible to train everyone in their use, therefore the appearance of such specialists will have to be taken into account ”[2]. I think this is a very important and necessary innovation. This would greatly facilitate and expedite the work of investigators and interrogators in making decisions and referring cases to court, and would also positively affect the completeness and comprehensiveness of the investigation of criminal cases.


1. Averyanova T.V. Some problems of the practice of forensic expert activity / T.V. Averyanova // Criminalistic means and methods in the disclosure and investigation of crimes: materials of the 3rd all-Russian. scientific-practical conf. on forensic science and forensic examination March 15-17, 2006 - In 2 volumes - T. 1. - M.: EKTs Ministry of Internal Affairs of Russia, 2006. - pp. 10-13.

2. Five principles of Kolokoltsev will give the police a human face [Electronic resource] // Daily business newspaper "RBK daily". - 2012 .-- Aug 31. ... - Electron. version print. publ. - Access mode: (date of treatment June 6, 2013).

Rodivilina Victoria Aleksandrovna - Adjunct of the Department of Criminal Procedure, East Siberian Institute of the Ministry of Internal Affairs of Russia, 664047, Irkutsk, st. Lermontov, 110, e-mail: [email protected], tel. 41-07-49 scientific adviser and reviewer - I.V. Smolkova, Professor of the Department of Criminal Procedure and Criminalistics, BSUEP, Doctor of Law, Professor.

Information about the author

Rodivilina Victoria Aleksandrovna is a graduate student, Department of Criminal Procedure. East-Siberian Institute of Ministry of Internal Affairs of Russia, 664047, Irkutsk, st. Lermontov, 110, e-mail: [email protected], tel. 41-07-49.

UDC 343.13 (47) BBK 67.410.2 (2Ros)


The article analyzes the decisions of the Constitutional Court of the Russian Federation on the issues of investigative actions affecting the property rights of citizens.

Key words: criminal proceedings, the Constitutional Court of the Russian Federation, legal positions, property rights, seizure of property, search, seizure.

* The material was prepared within the framework of the project "Mechanism for the protection of human rights through the exercise of control powers by state authorities: a comparative legal analysis of Russia and Germany" as part of the implementation of the federal target program "Scientific and scientific-pedagogical personnel of innovative Russia" for 20092013 (agreement number: 14.В37.21.0048).

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Questions for an expert

What questions can be put for an expert for a linguistic examination by the accused according to the phrase "you yourself brought the person to death"

What result do you want to achieve?

The phrase was said by me in response to the insults of another person. That side filed a lawsuit to bring me under article defamation and ordered a linguistic examination. write questions for the expert. Of course, I would like to end this trial

1.Does the said utterance contain signs of expressing the speaker's opinion?

2. Are there any signs of a value judgment in the statement?

It is the applicants who consider the phrase offensive and involve an expert for this.


she is definitely not offensive

RF Code on AP. Article 5.61. Insult

1. Insult, that is, humiliation of the honor and dignity of another person, expressed in an indecent form -

Hello, Natalia! Usually, a linguistic expert is asked whether this statement is an insult, foul language, what meaning does this phrase carry, etc. In your case, what do you want to know? Is this statement an insult?

Natalia! Where did you say this phrase? Who attended?

It is the applicants who consider the phrase offensive and attract an expert for this. I, for my part, do not consider it offensive and libelous. The world judge insists that I, for my part, also draw up questions for the expert

Natalia! As I understand it, you said that in court? If so, then this phrase does not fall under the signs of slander at all, you should have slandered him publicly, and the court session is not considered, tk. slander - the dissemination of defamatory information. Libel is the communication of such information to at least one OUTSIDE person (not a judge, lawyer, prosecutor). In your case, there was no spread, so there is no objective side of the crime. only if there were no insults such as “Bitch, fool, goat, scum, etc.) it would be the article“ Contempt of court ”Art. 297 of the Criminal Code of the Russian Federation.

Do not bother at all, maximum administrative responsibility ... in general, you expressed your own opinion based on your own beliefs based on their behavior towards your relative

And you do not go, write an application to consider without your participation ..

First, let's decide on which of the courts ... according to 116 of the Criminal Code of the Russian Federation in relation to them or according to the Slander of Art. 129 of the Criminal Code of the Russian Federation in relation to you?

And what about the case, which was opened and on what grounds, and the decision on initiation can be attached? Who investigated? NOT a court? The police conducted an inspection in accordance with Art. 144-145 of the Criminal Code of the Russian Federation, did you carry out a linguistic research?

So ... this is understandable ... means the first ... question for the linguist: Is this statement an expression of a thought based on the speaker's own inner convictions?

Second, he petitioned the court to conduct a medical examination of his uncle's death and put the question to the expert: Could one of the reasons for his uncle's death be nervous tension associated with negative communication with such persons, then ... to collect witness testimony that there were conflicts, he was nervous , my heart is weak, so it could not stand it (well, it's like an assumption, I don't know why your uncle died). As they say, all diseases are from nerves ... that is, try to prove that your statement is not an empty assumption, but is based on facts

Of course you have to ... crush them to the fullest ... Personally, I think that there is no slander in your words, but not everything is so simple ... have you damaged the fence? Maybe the damage to which farm was inflicted, it would be Art. 167 of the Criminal Code of the Russian Federation in the presence of of course the infliction of significant damage?

It is a pity, but to write a statement about an attempt to illegally enter the home of Art. 139 of the Criminal Code of the Russian Federation - you can ..

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