"A folk tale as a means of enriching the vocabulary of senior preschool children"
(the use of non-traditional technology of mnemonics in the development of speech of preschoolers)
PEDAGOGICAL RESEARCH
Educator MBDOU "DS" Solnyshko "
muravlenko city, Yamalo-Nenets Autonomous District
Ivlanova T.S.
under the leadership of the deputy. head Nacharova O.V.
Muravlenko, 2016
Explanatory note
Relevanceresearch is due to the fact that the Federal State educational standard preschool education and the high social significance of an integrated approach in education makes us look differently at the issues of upbringing and teaching in kindergarten. Fiction plays an important role in the personal development of a person. Its educational, cognitive and aesthetic value is enormous, since, expanding the child's knowledge about the world around him, it affects his personality, develops the ability to subtly feel the imagery and rhythm of native speech, plays an important role in the development of speech, replenishing the child's vocabulary.
The problem of vocabulary work with children at the stage of preschool childhood has been investigated in different directions by many scientists. In particular, enrichment of the vocabulary of children of early preschool age (Yu.A. Arkin, G.M. Lyamina, A.M. Bogush, Yu.S. Lyakhovskaya, I.M. Nepomnyashchaya, etc.); features of the formation and development of the vocabulary of children during preschool childhood (A.P. Ivanenko, M.N.Konina, N.I. Lutsan, Yu.S. Lyakhovskaya, etc.).
In the modern methodology, vocabulary work is considered as a purposeful pedagogical activity that ensures effective mastering of the vocabulary of the native language. The development of a vocabulary is understood as a long-term process of quantitative accumulation of words, the development of their socially fixed meanings and the formation of the ability to use them in specific communication conditions.
Such outstanding psychologists, teachers and linguists as K. D. Ushinsky, L. S. Vygotsky, V. V. Vinogradov, A. V. Zaporozhets, A. A. Leontiev, S. L. Rubenstein, F. A. Sokhin, E. A. Flerina, D.B. Elkonin.
In the methodology of speech development in older preschoolers, there are many studies devoted to the use of folk tales in the development of children's speech: E.N. Vodovozova, N.V. Gavrish, E.M. Strunina, O.S. Ushakova V.N. Makarova, E.A. Stavtseva, M.N. Miroshkina and others. All of them testify to the possibility of effective use of the Russian folk tale to enrich the vocabulary of preschool children.
Folk tales reveal to children the accuracy and expressiveness of language, show how rich native speech is with humor, lively and figurative expressions. The inherent extraordinary simplicity, brightness, imagery, the peculiarity of reproducing the same speech forms and images make it necessary to put forward fairy tales as a factor in enriching the coherent speech of children of primary importance. Russian folk tales contribute to the development of speech, provide samples of Russian literary language.
Given the above facts, it became necessary to search for effective pedagogical measures to enrich the vocabulary of preschool children through the use of folk tales, which determines the topic of our research. "A folk tale as a means of enriching the vocabulary of senior preschool children."
Object of study: the process of enriching the vocabulary of older preschool children.
Subject of study: folk tales as a means of enriching the vocabulary of older preschool children.
Purpose of the study: studying the influence of folk tales on the process of enriching the vocabulary of older preschool children in preschool conditions.
Research objectives:
Analyze the psychological and pedagogical literature on the problem under study, make an overview of the basic concepts.
Expand the tasks and content of vocabulary work in kindergarten;
Describe the use of folk tales in enriching the vocabulary of older preschool children.
Organize and carry out experimental and practical work to enrich the vocabulary in older preschool children using folk tales.
Process and analyze the results obtained and draw conclusions from the study.
Practical significance: the pedagogical activities proposed in the study (work on supporting schemes - mnemonic tables; developmental classes on Russian folk tales) to enrich the vocabulary of older preschool children through the use of folk tales can be used in practice by preschool educators.
Research base: the study was carried out on the basis of MBDOU "DS" Solnyshko ", Muravlenko, YaNAO. The experiment involved 20 children of the preparatory group for school.
Theoretical substantiation of the use of folk tales in enriching the vocabulary of older preschool children
1.1 Tasks and content of vocabulary work in a preschool educational institution
In the domestic methodology for the development of speech, the tasks of vocabulary work in kindergarten were defined in the works of E. I. Tikheeva, O. I. Solovieva, M. M. Konina and were refined in subsequent years.
Today it is customary to distinguish four main tasks:
First, the enrichment of the dictionary with new words, the assimilation of previously unknown words by children, as well as new meanings of a number of words already available in their vocabulary. The enrichment of the dictionary occurs, first of all, due to the common vocabulary (names of objects, signs and qualities, actions, processes, etc.).
Secondly, the consolidation and refinement of the dictionary. This task is due to the fact that in children the word is not always associated with the idea of \u200b\u200bthe object. They often do not know the exact names of items. Therefore, this includes deepening the understanding of already known words, filling them with specific content, on the basis of precise correlation with objects of the real world, further mastering the generalization that is expressed in them, and developing the ability to use commonly used words.
Third, the activation of the dictionary. The words learned by children are divided into two categories: passive vocabulary (words that the child understands, associates with certain ideas, but does not use) and active vocabulary (words that the child not only understands, but actively, consciously, whenever appropriate, uses in speech) ... When working with children, it is important that the new word is included in the active vocabulary. This happens only if it is fixed and reproduced by them in speech. The child should not only hear the teacher's speech, but also reproduce it many times, since during perception, only the auditory analyzer is involved, and in speaking - also the musculoskeletal and kinesthetic analyzers.
The new word should be included in the dictionary in combination with other words so that children get used to using them in the right cases. For example, children speak freely the stanzas of K. Chukovsky: "Long live fragrant soap!" - but a rare child, smelling a rose, will say: "What a fragrant flower" or, touching a fluffy cap: "What a fluffy cap!" In the first case, he will say that the flower smells good, in the second, that the hat is soft.
Attention should be paid to clarifying the meaning of words on the basis of opposing antonyms and comparing words that are close in meaning, as well as mastering shades of word meanings, developing vocabulary flexibility, using words in coherent speech, in speech practice.
Fourth, the elimination of non-literary words from the speech of children (dialectal, colloquial, slang). This is especially necessary when children are in a dysfunctional language environment.
All the tasks discussed above are interrelated and solved at a practical level, without using the appropriate terminology.
The assimilation of social experience occurs in the process of all the child's life. Therefore, vocabulary work is associated with all educational work. preschool... Its content is determined on the basis of an analysis of the general program for the development and upbringing of children: this is the vocabulary necessary for a child to communicate, satisfy his needs, orient himself in the environment, cognize the world, develop and improve various types of activity. From this point of view, words denoting material culture, nature, man, his activity, ways of activity, words expressing an emotional-value attitude to reality.
First of all, children learn:
Household dictionary: names of body parts, face; names of toys, dishes, furniture, clothing, toilet items, food, premises;
Natural history dictionary: names of phenomena of inanimate nature, plants, animals;
Social science dictionary: words denoting the phenomena of social life (labor of people, home country, national holidays, army, etc.);
Emotional and evaluative vocabulary: words denoting emotions, experiences, feelings (bold, honest, joyful);
Qualitative assessment of items (good, bad, wonderful);
Words, the emotional significance of which is created with the help of derivational means (darling, voice), the formation of synonyms (came and dragged along, laughed, giggled);
Using phraseological combinations (to run at breakneck speed);
Words, the proper lexical meaning of which contains an assessment of the phenomena determined by it (old - very old);
The vocabulary denoting time, space, quantity.
The active vocabulary of children should contain not only the names of objects, but also the names of actions, states, signs (color, shape, size, taste), properties and qualities; words expressing species (names of individual objects), generic (fruits, dishes, toys, transport, etc.) and abstract generalized concepts (good, evil, beauty, etc.). Mastering such words should be based on the formation of knowledge of a conceptual nature, reflecting the essential features of objects and phenomena. In grammatical terms, these are words - nouns, verbs, adjectives, adverbs.
Throughout preschool childhood, in different age groups, the content of vocabulary work becomes more complicated in several directions. VI Loginova identified three such directions: expansion of the dictionary based on familiarization with the gradually increasing range of objects and phenomena; assimilation of words on the basis of deepening knowledge about objects and phenomena of the surrounding world; the introduction of words denoting elementary concepts on the basis of distinguishing and generalizing objects according to essential characteristics.
It should be especially noted that in kindergarten, vocabulary work is carried out primarily in the onomasiological aspect (attention is paid to the names of objects - What is this called?). In addition, one should also highlight the work on the semantic side of speech, on the semantics of the word, i.e. the semasiological aspect (attention is drawn to the word itself - What does this word mean?). It is necessary to develop in children a desire to learn what a word means, to learn to notice unfamiliar words in someone else's speech, to develop orientation in the combination of words.
Children learn not only to correlate words in meaning, but also to explain them, to give an interpretation of words and phrases.
The specific volume of the vocabulary is determined on the basis of an analysis of the program for familiarizing children with the life around them, physical culture, environmental and musical education, visual activity, mathematical development, games and entertainment, introduction to book culture, etc.
In the main general education programs kindergarten does not provide guidance on the volume of vocabulary, only some words are given as examples. The lack of a specific vocabulary to be learned by children leads to episodic and spontaneous vocabulary work, its planning and implementation. Taking into account the needs of practice, a number of studies have attempted to create approximate dictionaries-minimums for children of different age groups. Dictionaries-lists are compiled on the basis of the analysis of the content of the section, the establishment of intersubject and interdisciplinary connections (Yu. S. Lyakhovskaya, N.P.Savelyeva, A.P. Ivanenko, V.I. Yashin, N.P. Ivanova).
When selecting words, the following criteria are taken into account: communicative feasibility of introducing a word into the children's dictionary; the need for words to assimilate the content of the concepts recommended by the kindergarten program; the frequency of the use of the word in the speech of adults with whom children communicate; the relevance of a word to common vocabulary, its accessibility to children by lexical, phonetic and grammatical features.
By the degree of generalization, difficulty of pronunciation, complexity of grammatical forms;
Taking into account the level of mastering the vocabulary of the native language by children of this group;
The significance of the word for solving educational problems;
The significance of the word for the understanding of the meaning of works of art by children of a given age;
Selection of words related to different parts speech (nouns, adjectives, adverbs).
Distribution of vocabulary by parts of speech directs the teacher to work with all lexical categories.
1.2 Folk tales as a means of enriching the vocabulary of preschool children
The problem of using fiction and oral folk art, in particular fairy tales, for the purpose of educating preschool children is considered by many teachers and psychologists. The fairy tale and its influence on the upbringing of preschoolers became the subject of research by many domestic teachers and psychologists (L.N. Tolstoy, K. D. Ushinsky, A. P. Usova, E. A. Fleerina, N. S. Karpinskaya, V. A. Ezikeeva and others).
Experience shows that the effectiveness of educational work sometimes depends a lot on the skillful use of the pedagogical traditions of the people, in which, which is very important, teaching and upbringing is carried out in harmonious unity. One of the popular forms of education and upbringing of the younger generation is a fairy tale.
The folk tale is one of the first works of word art that a child hears in early childhood. Children love a fairy tale. Created in ancient times, it still lives today, captivating children with both content and artistic form, a fairy tale is always instructive, it is the first to introduce a child to the art of its people, its culture.
A fairy tale is an oral folk work. It arose in the mouths of talented storytellers, in the direct communication of the narrator with the audience, and it got its name from the word "tell". For a long time, the tale, passed from mouth to mouth, from generation to generation, has acquired traditional, stable forms of compositions and accuracy, expressiveness of language. The intonations of folk speech sound more convincing in the oral transmission of a fairy tale, and not in reading it from a book, therefore a fairy tale better child to tell, not read.
Russian folk tales reveal to children the accuracy and expressiveness of language, show how rich native speech is with humor, lively and figurative expressions. The amazing power of the linguistic creativity of the Russian people has not manifested itself in anything with such brightness as in folk tales. The inherent extraordinary simplicity, brightness, imagery, the peculiarity of reproducing the same speech forms and images make it necessary to put forward fairy tales as a factor in the development of coherent speech of children, enrichment of their vocabulary.
Fairy tales are works of great art. Getting acquainted with them, you do not notice their complex structure - they are so simple and natural. This is evidence of the highest skill of the performers.
Fairy tales (especially magic ones) often begin with so-called sayings. Their purpose is to prepare the listener for the perception of the fairy tale, to tune it in the appropriate way. “It was on the sea, on the okiyane,” the storyteller begins. - On the island of Kidane there is a tree - golden poppies, the cat Bayun walks along this tree: it goes up - sings a song, and down goes - tells fairy tales. That would be curious and entertaining to see! This is not a fairy tale, but also a saying goes, and the whole fairy tale is ahead. This fairy tale will tell from morning till afternoon after eating soft bread. Here we will lead a fairy tale ... ”Often the sayings are humorous.
A proverb can also end a fairy tale, in which case it is not directly related to the content of the tale. Most often, the storyteller himself appears in the proverb, hinting, for example, at a treat: "Here's a fairy tale for you, and I have a pot of butter."
The traditional element of the tale is the beginning (beginning). The initiation, like the proverb, puts a clear line between our everyday speech and fairy tale narration. At the same time, the heroes of the tale, the place and time of the action are determined in the beginning. The most common inception begins with the words: "Once upon a time ...", "Once upon a time ...". Fairy tales have more detailed beginnings: "In a certain kingdom, in a certain state, there lived a king ..." But often fairy tales begin directly with a description of the action: "I got caught, it was, a priyuk in a trap ..."
Fairy tales also have original endings. The endings sum up the development of the fairytale action. This is how, for example, the fairy tale “About winter animals” ends: “And the bull with his friends still lives in his hut. They live, live and make good money. "
In fairy tales, repetitions are widely used (usually not literal). The repetition is most often three times. So, in the fairy tale "The Master and the Carpenter" the man beats the master three times for insult, in the fairy tale "Ivan Bykovich" the hero fights to the death with the Snakes for three nights in a row, and each time with the Snake with a large number of heads.
In fairy tales (especially in fairy tales), so-called constant (traditional) formulas are often found. They move from fairy tale to fairy tale, conveying the well-established ideas about fairy-tale beauty, time, landscape. They say about the hero's rapid growth: "It grows by leaps and bounds", his strength is revealed by the formula used in describing the battle: "The street waving to the right, a lane to the left." This is how the run of the heroic horse is captured: “The horse gallops above the forest, standing below the cloud, the walking one, skips the lakes between the legs, covers the fields-meadows with its tail”, and this is how the beauty is conveyed: “Neither tell in a fairy tale, nor describe with a pen”.
In many tales, you can find a poetic part. Most of the traditional formulas, sayings, beginnings and endings are created with the help of a verse, which is called fairy-tale. This verse differs from the classical verse familiar to us by Pushkin, Lermontov, Nekrasov with a certain number of syllables and accents in the verses and often rhymes; the number of syllables may vary.
Some tales were told entirely in fairy tales. Such, for example, are the tales of a goat - a white beard, a righteous raven.
Dialogue is widely used in fairy tales - a conversation between two or more characters. Sometimes fairy tales are entirely based on dialogue, such as the fairy tale "The Fox and the Black Grouse." The dialogues of fairy tales are living dialogues. They convey the natural intonations of the speakers, perfectly imitate the reckless speech of a soldier, the cunning speech of a peasant, the stupid, arrogant speech of a master, the flattering speech of a fox, and a rude wolf.
The language of fairy tales is rich. Animals in fairy tales have their own names: the cat is Kotofey Ivanovich, the fox is Lizaveta Ivanovna, the bear is Mikhailo Ivanovich. Nicknames of animals are not uncommon: wolf - "because of the bushes hap", fox - "beauty on the field", bear - "everyone is oppressed" ...
In a work of art, poetic means are always used expediently and economically. They are also signs of the genre. That is why we will not find, for example, in fairy tales about animals, instead of their usual beginning "Once upon a time, we were ...", an expanded, fantastic beginning of a fairy tale. It would not be artistically appropriate. That is why the pompous "formulaic" dialogues between the characters of fairy tales differ from the dialogues of the characters of novelistic fairy tales: in recent dialogues they are close to our living, everyday speech, although they do not copy it.
These are Russian folk tales. They are one of the most precious gems we have inherited. If we bear in mind only the plots of fairy tales, then there are more than a thousand of them, and there are about five thousand published records of fairy tales.
Russian folk tales contribute to the development of speech, provide examples of the Russian literary language. E.A. Fleerina noted that a literary work provides ready-made linguistic forms, verbal characteristics of an image, definitions with which a child operates. By means of the artistic word, even before school, before mastering the grammatical rules, a small child practically learns the grammatical norms of the language in unity with its vocabulary.
N.S. Karpinskaya also believed that a fiction book provides excellent examples of the literary language. In stories, children learn the laconicism and accuracy of the language; in verse - musicality, melodiousness, rhythm of Russian speech; in fairy tales - accuracy, expressiveness.
From a fairy tale, the child learns many new words, figurative expressions, his speech is enriched with emotional and poetic vocabulary. A fairy tale helps children to express their attitude to what they listened to, using comparisons, metaphors, epithets and other means of figurative expression.
The educational function of literature is carried out in a special way inherent only in art - the power of influence artistic image... To fully realize the educational potential of literature, you need to know psychological characteristics perception and understanding of this art form by preschoolers.
Preschool children are listeners, not readers, Russian folk tales are conveyed to them by a teacher, so his mastery of expressive reading skills is of particular importance.
The teacher is faced with a difficult task - to convey each Russian folk tale to children as a work of art, to reveal its intention, to infect listeners with an emotional attitude to fairy-tale characters, their feelings, actions or to the author's lyrical experiences, that is, to convey intonationally their attitude towards heroes and actors. ... And for this, it is necessary for the educator himself, before acquainting children with the fairy tale, to understand and feel it, to be able to analyze it from the point of view of content and artistic form. And, of course, the teacher must master the technique of reading and telling - clear diction, means of intonation expressiveness (correctly place logical stresses, pauses, master the tempo, being able to speed up or slow it down, raise or lower his voice in the right places).
Consider the technique of artistic reading and storytelling in the classroom.
M.M. Horse meat distinguishes several types of activities:
1. Reading or telling one piece.
2. Reading several works, united by a single theme or unity of images. You can combine works of the same genre or several genres. In such classes, new and already familiar material is combined.
3.Combining works belonging to different types arts:
A) reading a literary work and examining reproductions from a painting by a famous artist;
B) reading combined with music.
In such classes, the power of the influence of works on the emotions of the child is taken into account. There should be a certain logic in the selection of material - an increase in emotional saturation by the end of the lesson. At the same time, the characteristics of children's behavior, culture of perception, emotional responsiveness are taken into account.
4. Reading and storytelling using visual material:
A) reading and telling with toys (the repeated telling of the fairy tale "Three Bears" is accompanied by a show of toys and actions with them);
B) table theater (cardboard or plywood, for example, based on the tale "Turnip");
C) puppet and shadow theater, flannelograph;
D) filmstrips, transparencies, films, television programs.
5. Reading as part of a speech development lesson:
A) it can be logically related to the content of the lesson;
B) reading can be an independent part of the lesson.
In the lesson methodology, one should highlight such issues as preparation for the lesson and methodological requirements for it, conversation about what was read, re-reading, the use of illustrations.
Children are told and read fairy tales. They tell less often than at the previous age stage, since most of the tales are large in volume and it is not easy for a teacher to remember them.
The preparation of preschoolers for the perception of a new fairy tale is carried out in different ways.
1. The teacher places a new book in the corner of the book, if possible - separately the artists' drawings for this work. Children, looking at the illustrations, try to determine what kind of book it is, what it is about. At the beginning of the lesson, the teacher asks the children about their assumptions, praises them for their observation, shrewdness. Names the work.
2. The teacher demonstrates toys, objects related to the content of the fairy tale and unfamiliar to children, helps to remember their names, explains the purpose, talks about the features.
3. The teacher conducts a special speech exercise to help children learn new words. So, before reading the fairy tale "Bastard Hare," he says: There is a giant house. "Not a house, but a house!" - passers-by admire. And he invites the children to come up with words for very large objects themselves. Listens to answers. She asks to finish the phrases that she will utter (Does the cat have a mustache, the tiger? - whisker, the cat has a paw, the lion? - paws "). Explains that the words of the mustache, the paws belong to the hare - the hero of the new fairy tale "Hare-boast". This hare, boasting, said: “I don’t have a mustache, but a mustache, not paws, but paws, not teeth, but teeth,” says the teacher. Asks to repeat what the hare said. Asks: "What do you think, the tale should be about a giant hare?" After listening to the conflicting opinions of children, he suggests: “Well, let's check which of you is right,” and reads a fairy tale.
4. The teacher informs that he is going to tell a fairy tale with a completely unusual name - "Winged, furry and oily". Asks: "Who do you think they are?" (By commenting on this question, children practice the ability to reconcile an adjective with a noun in gender and number.)
“You know the name of the tale. Try, focusing on him, to compose its beginning, ”the teacher offers a new task. Then he asks to come up with an ending to the work.
In this age group, sayings should be used more often, especially in cases where preparatory work for the lesson is not being carried out. It is desirable that in its mood the saying is associated with the work, although this selection will be largely conditional. Practice shows that in the second half of the year, preschoolers, having learned to listen attentively to a saying, often quite correctly guess what will be discussed. The adage should be told twice.
After reading (telling), the teacher conducts a conversation that helps children to better understand the content of the tale, correctly evaluate some of its episodes; to repeat once again the most interesting comparisons, descriptions, typically fabulous turns of speech, that is, to comprehend the linguistic peculiarity of the works of this genre.
The need for such a conversation is obvious. The famous Soviet psychologist B.M. Teplov noted that a work of art appears before a child as an aesthetic object not from the very beginning, but when it becomes concrete, meaningful for him. This statement also applies entirely to works of fiction. At the same time, one should not forget that each meeting with a fairy tale is, first of all, the education of the child's feelings. It is absolutely true that the baby should not reason, but enjoy what he hears. However, it must be emphasized once again that this is possible when he at least partially remembers the text.
Thus, the conversation on the content of the works should not obscure the just heard fairy tale from the child, but, as it were, "lighten" it, turning all facets to the child, and then once again present (show) it in its entirety.
A folk tale, being a reflection of the soul of a people, becomes a conductor of their culture in the heart of a child. To make each trip to a new country interesting and exciting for children, reading (telling) a fairy tale must be accompanied in a simple and accessible form for children with a story (necessarily supported by visualization) about the nature of this country, about people (show national costumes and traditional housing), about folk music and children's songs of different nations, about folk games (choose the right ones for this age). It is important that children feel the beauty of both nature and folk art, for this it is necessary to use colorful illustrative material, phonograms, souvenirs from different countries.
Thus, after analyzing the literature on the problem under study, we came to the following conclusions:
We have identified four main tasks of vocabulary work in a preschool educational institution:
1) enrichment of the dictionary with new words, the assimilation by children of previously unknown words, as well as new meanings of a number of words already available in their vocabulary;
2) consolidation and refinement of the dictionary;
3) activation of the dictionary;
4) elimination of non-literary words from the speech of children (dialectal, vernacular, slang).
We have established that the effectiveness of educational work depends a lot on the skillful use of the pedagogical traditions of the people, in which training and education is carried out in harmonious unity. Folk tales reveal to children the accuracy and expressiveness of language, show how rich native speech is with humor, lively and figurative expressions. The amazing power of the linguistic creativity of the Russian people has not shown itself in anything with such brilliance as in folk tales. The inherent extraordinary simplicity, brightness, imagery, the peculiarity of reproducing the same speech forms and images repeatedly force us to put forward fairy tales as a factor in the development of coherent speech of children of primary importance. The folk tale, with its rich, expressive language, being accessible to the perception of older preschoolers, is a powerful means of developing the figurative speech of children.
The relevance of the dissertation research is due to the fact that the presence in domestic science of a significant number of works devoted to or concerning amnesty is combined with the existence of discussions about the need for amnesty, its purpose, its impact on crime, the nature of the acts that formalize it, etc.
E. These discussions create a field for further research on amnesty, aimed at developing new positions, additional arguments in favor of one or another of the existing points of view, as well as checking whether the amnesty is suitable for the current Russian amnesty.
available judgments.
The practice of declaring amnesty in Russian Federation is replenished with new acts, creating a need for their comprehension. As of today, the last amnesty was announced in 2015. In 2016, the so-called capital amnesty appeared, requiring an assessment of its legal nature. In general, during the existence of the Russian Federation, 21 “criminal” amnesties were declared 1. At the same time, the volume of legislative regulation of amnesty in the Russian Federation is relatively insignificant, and some issues can be resolved only in the practice of amnesty (which is partly objectively due to the specifics of amnesty, partly can be considered as a shortcoming, possible ways to eliminate which constitute a field for scientific
research).
The law sets limits for amnesty, which can be specified, violated by the practice of declaring amnesty. The study of the legislative regulation of amnesty in itself is not enough to establish the characteristics of modern Russian amnesty and should be supplemented by a study of the existing practice of announcing amnesty and formalizing its acts. The need for such a study is also related to the fact that
knowledge of practice helps to prevent the formation of a vision of amnesty that does not correspond to its real characteristics, to avoid unjustified expectations and fears associated with amnesty.
At the same time, the formation of a holistic view of amnesty is impossible without recourse to those concepts that, by offering some idea of \u200b\u200bthe crime, options and goals of responding to it, give
an opportunity to understand the place of amnesty in the mechanism of such a response (in relation to it). Turning to such concepts makes it possible to understand the grounds for certain judgments about amnesty, and therefore the conditions under which they will be fair. One of these concepts was presented by C. Beccaria 2.
The ideas of C. Beccaria 3 have influenced and continue to influence the legislation, the practice of its implementation, scientific research in our country 4. They are poured into them in modern russian studies 5 . So, for example, the name of C. Beccaria is present in the lists of cited literature in 801 publications on the subject of state and law, legal sciences, posted in the Scientific Electronic Library eLIBRARY RU 6. In particular, today, in works devoted to the modern Russian amnesty, there are references to
2 See, for example, Fox V Introduction to criminology / translated by LA Nezhinskaya and MA Tumanova, edited and co-edited by Art BS Nikiforov, VM Kogan M. 1985 S 45
2 When talking about the ideas of C. Beccaria, the ideas set forth in his works are implied.For the purposes of this study, it does not matter whether he was their author or only presented them in a systematic form
4 BerkovP N Book Ch Beccaria ;; 0 crimes and punishments ;; in Russia // Russia and Italy from the history of Ruseko-Italian cultural and social relations M, 1968 P 73-74, Medvedeva NT Ideas of a positive school and their reflection in the criminal legislation of Russia Ryazan, 2001 P 23, Soviet criminal law Part general / under ed VD Menynagina, ND Durmanova, PS Romashkina M.1 962 S 430, Feldstein GS Main trends in the history of the science of criminal law in Russia / ed and with a foreword by VA Tomsinov M.
2003 S 84.172
5 See, for example, Kudryavtsev VN Strategies for combating crime M, 2003 S 45, Novoselov GP Teaching about the object of the crime Methodological aspects M, 2001 S 1-2, Sumachev AV Publicity and dispositiveness in criminal law monograph M, 2003 S 21
‘This result was obtained upon request on the website of Scientific electronic library eLIBRARY RU (URL http ∕∕ elibrarv m ∕ guervbox asp7scope \u003d newauerv (accessed 02 09 2016)) with parameters what to look for - Beccaria, where to look - in lists of cited literature, in all types of publications offered by the base on the subject of state and law , legal sciences, entered the database for the entire time when searching, taking into account morphology
Ch. Beccaria, including referring what he said to the modern Russian amnesty 'Implementation of this concept in the Russian criminal
legislation is manifested, in particular, in the fact that it embodies the requirement of legal certainty, the regulation of criminal law relations by law, the idea of \u200b\u200bthe prevention of crimes as the purpose of punishment, restriction of the interpretation of the criminal law (a ban on its application by analogy), etc.
Taking into account the aforementioned, turning to the ideas of C. Beccaria, considering them through the prism of the modern Russian amnesty allows both to explain it and to better understand the positions expressed in relation to it; to develop proposals for improving the practice of implementing the amnesty, its
regulatory regulation.
The degree of scientific elaboration of the topic. The views of C. Beccaria (S. K. Gogel, M. Cusson, E. Ferry, V. Fox, etc.) have been repeatedly stated and interpreted in domestic and foreign literature. The circle of studies devoted to amnesty is also quite extensive, solving questions: about the concept and types of amnesty (for example, BS Utevsky), on the need for amnesty and the possibility of refusing it (for example, IV Nesterenko); on the required form and subject of decision-making on amnesty (for example, IG Barannikova); on the sectoral nature of the institution of amnesty (for example, A.V. Mokhorev); on the nature of acts issuing amnesty (for example, GD Korobkov, IL Marogulova); about the purposes of the amnesty - necessary and existing (for example, A.P. Filchenko); on the impact of amnesty on crime (for example, S. M. Inshakov); on the relationship between amnesty and pardon (for example, V. G. Maksimov); about the history of amnesty (for example, KF Khartulari); about the peculiarities of amnesty for certain categories of persons (for example, A. A. Pavlov); on the characteristics of the personality of those amnestied (for example, S. A. Sotnikov); on individual amnesties (S. I. Zeldov, A. P. Fokov, etc.), etc. etc.
A Amnesty in Russian criminal law monograph / under
See for example. Sotnikov S ed AI Chuchaeva M. 2010 S 6-7
A number of authors, discussing the amnesty, refer to C. Beccaria and draw conclusions about it, relying on what he said (V.V.Dubrovin, V.V.Luneev, A.K. Khachatryan, etc.). The interpretation of C. Beccaria's ideas, in the framework of the study of amnesty, pardon was carried out, in particular, by P.I.Lublinsky, N. S. Tagantsev, K. F. Khartulari.
The purpose of the study is to characterize the modern Russian amnesty based on the ideas of C. Beccaria. Proceeding from the goal, the following tasks were set: 1) to define what the modern Russian amnesty is; 2) study the views of C. Beccaria concerning the stated topic; 3) consider the current Russian amnesty from the point of view of those concepts from the concept of C. Beccaria that are suitable for its interpretation.
The scientific novelty of the research lies in the fact that: new empirical data have been obtained on the existing practice of announcing amnesty in the Russian Federation (taking into account the latest amnesties); a new definition of amnesty was formulated; the interpretation of the views of C. Beccaria is proposed, which differs from a number of existing ones; the possibility of the influence of amnesty on the behavior of people according to the mechanism described by C. Beccaria was assessed; shows the place of amnesty in modern Russian criminal law and its relation to its other institutions from the point of view of whether they embody the model of the criminal order system described by C. Beccaria.
The methodological basis of the study is a combination of empirical methods of legal sociology and a formal legal method for obtaining data on the modern Russian amnesty with the interpretation of these data based on the concept set forth by C. Beccaria. We used, inter alia, such methods as generalization of legal practice (acts that issued amnesties, related acts, court decisions), documentary observation (analysis of transcripts of State Duma meetings), analysis of statistical data (FSIN, Rosstat), interpretation ( including legal).
Provisions for Defense:
1. The modern Russian amnesty can be defined as a decree or a set of decrees, concluded in one or several acts, on the full or partial release of a category of persons from criminal responsibility or its elements (punishment, conviction), which: 1) are issued by a government body that determines its actions independent motives, and not instructions from any other authorities; 2) have the force of law; 3) addressed to a personally indefinite circle of performers; 4) can be exhausted by execution; 5) exist along with the norms prescribing exemption from criminal liability or its individual elements.
Based on its inherent properties, amnesty can be assessed either as such a special kind of individual decrees, as the command of an act-directive, or as a non-normative command of a general nature that does not belong either to individual orders or to the norms of law.
2. An amnesty can influence the behavior of people according to the mechanism described by C. Beccaria for the award, ensuring the fulfillment of certain conditions by the person in exchange for his release, if: the release under the amnesty is predictable and irrevocable; criminal liability is already being implemented, or it is known that its application is inevitable, and its implementation is more burdensome for a person than fulfilling the condition of release; there are no other options for release; the set release condition is feasible.
Seven amnesties announced during the existence of the Russian Federation, which assumed release in exchange for stopping the crime and eliminating the consequences of the crime, can be described as a reward in the above sense.
3. An amnesty can contribute to the commission of crimes according to the mechanism described by C. Beccaria only if the release under it is predictable. In modern Russian practice, the timing of the announcement of an amnesty and the categories of persons to whom it will apply become relatively predictable only in the period between the appearance of the draft amnesty and the entry into force of the act of its announcement. Fully
release under an amnesty is predictable only at a time when the amnesty act has been passed but has not yet entered into force. Such predictability can contribute to the commission of crimes (according to the indicated scheme) if the amnesty applies to acts committed before the entry into force of the act on its announcement, i.e., amnesty is possible for acts committed after the adoption of the act on the declaration of amnesty. This possibility took place for 11 amnesties announced during the existence of the Russian Federation, when there was a gap of one to twenty days between the adoption and entry into force of acts on the declaration of amnesty.
4. In order to eliminate the possibility of the influence of the predictability of release under the amnesty on the commission of crimes, while preserving the ability of the amnesty to be an incentive to stop the crime, it is proposed to supplement Article 84 of the Criminal Code of the Russian Federation with parts 6 and 7 of the following
"6. The amnesty applies to acts committed before the day the draft act of amnesty was submitted to the State Duma of the Federal Assembly of the Russian Federation or another day preceding it, as defined in the act on
amnesty.
7. The amnesty may apply to crimes started before the day specified in part 6 of this article, if they are terminated after this day by performing the actions provided for by the act of amnesty, within the time period established by it. ”.
5. Russian criminal law, along with other models, seeks
implement the criminal order system described by C. Beccaria, which assumes: the differentiation of law-making and law enforcement
activities; regulation of criminal law relations exclusively by law, the power of which is higher than the power of people (even society as a whole); the existence of a law not as an arbitrary establishment, but as a rule of law, which embodies the general will, the provisions of a social contract.
Amnesties ordering the implementation of release in cases in which it is not provided for by the criminal law, not being the rule of law, are the element of criminal law that is not built on the basis of the specified model and prevents its full implementation.
6. Amnesty is only one of the forms of implementation of the request for situational regulation of criminal law relations, based on principles other than the requirements that make up the criminal order system. Therefore, the refusal of the amnesty will entail not the disappearance of such regulation, but
the expansion of the use of its other mechanisms, some of which, it seems, are more contrary to the foundations of the criminal order system than amnesty (creation, change of the norms of criminal law for a specific situation; inclusion in the criminal law of prescriptions on release, similar in content to amnesty, such as provision of Part 3 of Art. 76 \\ "of the Criminal Code of the Russian Federation).
7. The criminal order system is not a universal model that must be implemented regardless of the existing conditions. The destruction of the social contract (that is, the complete or partial disappearance of the tacit or explicit consent of the members of society to give up part of their freedom and submission to their common power in exchange for the provision of the general good and security from the latter) presupposes the need to take measures that contribute to the restoration of the social contract, and implementation of models other than the criminal order system.
Amnesty, due to the fact that it involves making a decision for a specific situation, is able to fix the agreements reached between the parties that are not bound by a social contract, or be a stage in reaching such agreements. That is, an amnesty can serve to regulate relations not based on a social contract and help restore the social contract. A number of amnesties announced during the existence of the Russian Federation mediated
relationships not based on a social contract (for example, the 1996 amnesty).
8. Normative regulation of amnesty should not lead to such a restriction of the freedom of the State Duma when declaring an amnesty that would make it impossible to use amnesty as a means of mediating relations not based on a social contract. It is impossible to formalize in the form of legal norms the situations that constitute the destruction of the social contract. It makes no sense to establish in advance the rules governing the application of amnesty in the event of its destruction. By virtue of the above, the rules of law can in one way or another determine the possibilities of amnesty, but they should not decide in which case the State Duma should resort to amnesty, and which of opportunities she should take advantage of
9. Amnesty ensures that the specifics of a particular situation are taken into account due to the ability to differently resolve certain issues in acts issuing various amnesties. When the amnesty is regulated by the norms of law, the disappearance of such an opportunity should be compensated by the creation of other mechanisms of differentiation, in particular, by preserving the State Duma's ability to make an exception from general rule in the prescribed form.
10. There are decrees adjacent to amnesty, which can act as its alternatives (pardon; exemption from regulatory norms, affecting the implementation of the norms of protective industries; inclusion of a prescription similar to amnesty in criminal law, etc.). In order to prevent the use of these alternatives for the implementation of the release outside the framework established by law for amnesty, introducing one or another regulatory restriction on the declaration of amnesty, it should, if possible, extend it to its alternatives.
11.In order to streamline the existing practice of limiting repeated amnesty, it seems necessary to legislate the prescription on non-proliferation under the general rule of amnesty for
previously amnestied persons, as well as persons previously released on the basis of Part 3. Art. 76 \\ "of the Criminal Code of the Russian Federation. On this day, it is proposed to supplement Article 84 with parts 3-5 of the following content:
"3. The action of acts of amnesty, unless otherwise expressly established in them, does not apply to:
a) on persons who have committed deliberate crimes again after
the application of amnesty to them in one of the forms listed in part two of this article, which occurred no earlier than years before the adoption of the act on
amnesty;
b) on persons who again committed intentional crimes after their release from criminal liability on the basis of part three
article 76 \\ "of this Code, which occurred no earlier than ____________________ years before
adoption of the act of amnesty.
4. The restriction provided for in part three of this article applies to persons to whom the amnesty was applied, provided for by the acts of amnesty adopted in the Russian Federation.
5. The act of amnesty may provide that the application of the prescribed amnesty to a person cannot be taken into account as a circumstance that prevents the application of other acts of amnesty to him. If such a reservation is made, it is valid irrespective of the content of the acts of amnesty adopted subsequently. This clause cannot be included in the text of the amnesty act by making amendments to it. "
12. It is proposed to ensure differentiation of access to amnesty for persons released before the adoption of the general rule on non-proliferation of amnesty to those previously amnestied by providing in the Federal Law on Amendments to Article 84 of the Criminal Code of the Russian Federation the State Duma's ability to determine, within a specified period, a list of acts, exemption for the basis of which cannot be the basis for refusing an amnesty without the right to revise such a list, which is valid regardless of the content of the acts of amnesty adopted subsequently.
The theoretical significance of the research lies in the fact that: new empirical data have been introduced into scientific circulation (results obtained in the course of generalizing the practice of announcing and executing amnesty, processing statistical data); schemes for researching amnesty have been developed, which can be used in further research; a definition of amnesty has been formulated that is suitable for modern Russian amnesty; the place of the modern Russian amnesty in criminal law regulation is comprehended from the point of view of the model of the criminal system proposed by C. Beccaria
The practical significance of the study lies in the possibility of introducing into the law and practice of implementing amnesty the proposals of a dissertation student, as well as the possibility of taking into account when declaring an amnesty, applying acts issuing an amnesty, legislative regulation and other information he identified about the Russian amnesty.
The degree of reliability of the results obtained is ensured by: 1) analysis of the texts of all acts that issued amnesty during the existence of the Russian Federation; an appeal to official Internet resources to obtain the texts of such acts, accompanying acts, information on the dates of their publication, to form a list of them, etc .; 2) analysis of the interpretations of the ideas of C. Beccaria, given by other authors, taking into account the edition (translation) with which they worked; 3) analysis of transcripts of State Duma meetings, court decisions, statistical data posted on official Internet resources; 4) a comparison of statistical data from various sources, a variety of courts, whose decisions were analyzed and the constituent entities of the Russian Federation in which these courts are located; 5) an appeal to the edition of normative acts in force (in force) at the time for which a particular issue is resolved.
Approbation of research results. The dissertation was completed at the Department of Criminal Law of the Ural State Law University, where it was reviewed, discussed and approved. The main results and intermediate results of the dissertation research
were reflected in eight publications of the author, including four scientific articles in publications included in the List of peer-reviewed scientific publications (Kokotova D.A. Analysis of the practice of implementing amnesty in the Russian Federation in terms of the presence (absence) of the goal of correcting the shortcomings of the application of the criminal law / / Law and Politics. 2015. No. 5. S. 684 - 689; Kokotova D. A. Amnesty as a factor in committing crimes // Law and Politics. 2015. No. 9. P. 1257 - 1264; Kokotova D. A. Time factor as condition of the influence of amnesty on people's behavior // Library of criminal law and criminology. 2016. No. 2 (14). pp. 38 - 42;
restrictions on multiple amnesty // Library of criminal law and criminology. 2016. No. 5 (17). Pp. 43 - 48) in four publications in other
publications (Kokotova D A. Compatibility of amnesty and the ideas of the classical criminological school // Actual issues of public law: materials of the KhP All-Russian scientific conference. young, scientist, student. (25-26 Oct. 2013) / Ed. M. V. Goncharov. - Yekaterinburg, Publishing House of the UMC UPI, 2014. pp. 331 -333; Kokotova D A. Significance for determining the direction of the amnesty of securing in it the serving of a certain part of the sentence as a condition of release // Evolution of Russian law: abstracts of reports of the XIII All-Russian scientific conference of young scientists and students (Yekaterinburg, April 23-24, 2015) / Ural State Law University. - Yekaterinburg, 2015. P. 235 - 237; D. A. Kokotova Part 3 of Article 76 \\ "of the criminal law - an unnamed amnesty / / Russian law: education, practice, science. 2016. No. 2. P. 65 -67; Kokotova DA Les idees de Beccaria et Γamnistie russe moderne // Modern trends in world cooperation: materials of the V international scientific-practical conference. no language 20 May 201 6 g; RANEPA, Sib. Institute of kpr. - Novosibrsk: Publishing house SIBAGS, 2016.S. 97).
∏p intermediate and final results of the work were discussed at scientific and practical conferences, including: CP All-Russian Scientific Conference of Young Scientists and Students "Actual Issues of Public Law" (Yekaterinburg, October 25-26, 2013); KhP All-Russian Scientific
conference of young scientists and students "Evolution of Russian law" (Yekaterinburg, April 25-26, 2014); XI International Conference of Young Scientists and Students "Legal Reform in Russia" (Yekaterinburg, November 6, 2015); V international youth scientific and practical conference at foreign languages "Modern trends in world cooperation" (Novosibirsk, May 20, 2016).
Thesis structure. The work consists of an introduction; two chapters with six paragraphs; conclusions; list of sources and applications used.
When justifying the relevance of the study in the Introduction section of the research work, it is necessary to decide why this particular problem needs to be studied at the present time.
The relevance of research - this is the degree of its importance at the moment and in a given situation for solving a certain problem, task or question.
Relevance of the research problem - this is the demand for studying and solving this problem in society.
Justification of the relevance of the study - this is an explanation of the need to study this topic and conduct research in the process of general knowledge.
Justification of the relevance of the research topic is a basic requirement for research work.
The relevance of the research topic is due to by the following factors:
- filling any gaps in science;
- further development of the problem in modern conditions;
- own point of view on an issue on which there is no consensus;
- generalization of the accumulated experience;
- summarizing and promoting knowledge on the main issue;
- raising new problems in order to attract public attention.
Relevance of research work may consist in the need to obtain new data, test completely new methods, etc.
Often in a research project, the word “novelty” of research is used in conjunction with the word “relevance”.
Examples of justifying the relevance of the research topic
1. Relevance: the topic is relevant due to the high drop in the birth rate in the village. Earlier in our village there was a custom to have many children, the lack of children was considered the greatest misfortune and was considered a punishment.
2. It is difficult, very difficult, even for a moment, to imagine that now, on the deserted foothills of the right bank of the river, the life of tens of thousands of people once boiled and boiled. A life full of dangers, vicissitudes of fate, a life of explorers, warriors, diplomats, merchants, teachers and workers. This city played a progressive role in the historical fate of the region. Our city had to experience and see a lot, he knew the glory of takeoff and the bitterness of falling.
Therefore, the study of the history of my city, its glorious page in history - relevant topic for study cultural heritage and local history of our region.
3. SMS was invented in the early 90s by specialists from an English company. In England, SMS is so popular that even a separate word has appeared for them: "texting" and the verb: "to text". Popularity leads to good earnings. And behind the seeming cheapness of SMS messages, there are huge incomes of those who offer these services. SMS - the industry is growing and growing. SMS can be sent by phone, via the network, via a PDA. Is it any wonder that the number of SMS addicted people is growing. And some even go for records. So, recently a message appeared in the press that a resident of India sent almost two hundred thousand SMS in a month. Last October, Dr. Mark Collins suddenly became known around the world. And all thanks to an unprecedented disorder - addiction to SMS. therefore the study of this topic is relevant.
4. This is a call from the soul of a girl, a pupil of an orphanage. Every child left without parental care, finding himself in a difficult life situation, no matter how warm and cozy it is in the orphanage, dreams of a loving, caring family, of the future and believes that the dream will come true. There are 4,375 orphans and children left without parental care in our region. Currently, 1012 orphans and children left without parental care are being brought up in educational and social institutions, 3363 children are placed in foster families. Today, one of the priority forms of life arrangement for orphans is their placement in foster families. In this situation, along with the concept of an orphan, the concept of a social orphan appears and becomes stronger. A social orphan is a child who has biological parents, but for some reason they do not raise the child and do not take care of him. Orphans, children left without parental care and who have not received a positive experience of family life cannot create a healthy full-fledged family. They often repeat the fate of their parents, depriving them of parental rights, thereby expanding the field of social orphanhood.
The problem of orphanhood today is the most pressing problem of modern reality our country.
5. The relevance of my research work is is that all children have a problem when it is necessary to learn a large amount of information. And all children like to play, so I decided to turn boring into interesting and exciting.
6. According to statistics, there is a sharp deterioration in the health of children in Russia. 30-35% of children entering school already have chronic diseases. During the years of study at school, the number of children with musculoskeletal disorders has increased 5 times. There are many factors that contribute to these health problems. It is believed that a primary school student should not lift more than 1/10 of his own weight.
Studying the topic "Body weight" I did some practical work: I measured the mass of different bodies, and I was very interested in why the mass is so different. The teacher suggested that I investigate this issue, check whether the backpacks worn by our classmates meet these requirements.
Since the health of the child is always of great importance and value for parents and society as a whole, my research work is relevant.
7. I believe that research devoted to the study of dialectisms as a stylistic tool is not enough. Special studies devoted to the study of dialectisms in the works of V.P. Astafiev is gone. Therefore, i consider my research project relevant.
8. In the green zone of the village, the number of trees affected by insects and their larvae is increasing every year. There is a need to preserve, restore and expand the green area. Since red forest ants are "orderlies" of the forest and can help preserve it, my research is relevant.
A written assignment that is instructed to complete all students of higher or secondary specialized educational institutions within the specified time frame and in accordance with certain requirements. One of the important requirements that this scientific work must meet is the relevance term paper.
The relevance of the course work is the most important part of the course work, which helps to reveal the need to study the topic chosen by the student. She should answer the question: "Why is it necessary to study the topic?"
Determine whether the chosen topic is really relevant, the student should long before the start of writing a term paper. If the chosen topic is not relevant, then the implementation of this work practically does not make sense.
The relevance of the coursework should be substantiated in detail. The student needs to be shown whether the topic chosen by him is in demand by modern industry, science, or local production. If the topic of the term paper is of no value, then writing it will not help the student to become the best professional on the path he has chosen.
In order for the consideration of the topic of the relevance of the coursework to succeed, it is necessary to show: how this study can help improve the current situation in the area of \u200b\u200bdevelopment of modern society, which would be directly or indirectly related to the topic examination work.
Instructions for writing the relevance of the coursework
The relevance of the topic of the course work should be considered at the very beginning of the examination text, in its introduction. It must be remembered that first you need to substantiate the significance of the topic and only after that - its main goals and objectives. Especially appreciated in this part of the work is the student's personal opinion and his vision of the importance of the issues he is researching. Since if the student manages to understand well the features of the material he is studying, then the disclosure of theoretical or practical aspects should not cause any particular difficulties for him either.
In order for the substantiation of the relevance of the course work to be successful, the author must skillfully explain how the goals of his research are determined specifically in the current period of time.
First of all, it is worth paying the attention of the supervisor to the degree of study of the selected topic for examination work in a particular area at the moment. The student should highlight which aspects have not yet been sufficiently explored and how this gap can be filled. This logical reasoning will be a solid foundation for further personal growth on the chosen path.
It would also be useful to mention the relationship between the topic under consideration and the current situation in the country in this area. Then, it is necessary to focus on how this study and its implementation can contribute to the development of both a specific object with which the topic of work was associated, and throughout the country as a whole.
It is necessary to pay attention to the extent to which the relevance of the course topic is related to:
- the state of scientific development;
- the emergence of the latest teaching methods and other additional information directly related to the research topic
Also, it should be clarified:
- to what extent the chosen topic is related to the identified shortcomings in previous studies;
- whether the topic is driven by the desire to use the latest research methods;
- is there a need to conduct this study due to changes in economic conditions, etc.
After reviewing the rationale, the teacher reviewing the completed coursework must make sure that the student's choice is actually useful and relevant. Depending on the subject being studied, the chosen topic and the wishes of the teacher, the volume can vary from 7-8 sentences to 2 pages.
There are times when even the most detailed study of instructions on how to write a term paper does not bring the desired result.
In such a situation, it is useful to consider examples of the correct description of the relevance of the work, use them as a visual aid, and, then, determine the relevance of the topic of your work by analogy.
Examples of writing a term paper
As a rule, for the majority of firms and companies there are urgent tasks that help to increase the level of capital productivity and more efficiently use the available assets. The relevance of research conducted in this area can be described as follows:
Example 1
“The state of manufacturing companies is closely related to the results of economic activity of any organization. With the help of maximum utilization of production facilities, it is quite possible to achieve a significant increase in capital productivity, the level of productivity and a gradual reduction in production costs. This, in turn, will lead to an increase in the profitability of the enterprise.
In accordance with the data provided by the Ministry of Statistics and Analysis of the State of Economic Assets of the Russian Federation, at the moment, the depreciation of the most important assets is about 80%. In this regard, the search for methods to improve the efficiency of the use of available funds remains relevant. It is extremely necessary for the development of individual enterprises and the normalization of the economic condition of the entire country as a whole. "
Example 2
“The tendency noted over the past decades in Russia to an increase in the number of crimes and deaths of police officers during the execution of their official duties indicate the need to increase the level of both physical and psychological preparation police officers, looking for more effective methods of training and training new officers. Members of the Collegium of the Ministry of Internal Affairs R.F.
The reality of the prospects for increasing the level of professionalism and psychological training of police officers can be determined solely on the basis of a scientific concept. It should be emphasized that today there is no such concept in the Ministry of Internal Affairs ”.
Typical mistakes when writing relevance
Many students find that the introduction to the course work and the description of its relevance is the most difficult part of the entire examination work. And the teachers shrug their shoulders in bewilderment: what is so difficult about the requirements for describing relevance?
Let's consider the most common mistakes:
Mistake # 1... The volume or structure of the relevance of the course work does not correspond to the standard. Remember the main advice when describing the relevance to term paper: the introduction should be written according to the template. Don't reinvent the wheel here. It is worth remembering that the relevance of the work should be considered in the introduction to the coursework, immediately before describing its tasks and goals. The volume of this part of the course work should not be more than 2 pages.
Mistake # 2... The level of uniqueness of this part of the work does not correspond to the required one. As mentioned above, in describing relevance, the personal opinion of the student and his point of view regarding the importance of the issues he is studying is especially valued. If most of this part of the work was taken from the Internet or educational literature, personal understanding of this issue is out of the question.
Mistake # 3... The description is not reasoned enough. In order for the description of the relevance of the course work to satisfy the teacher, current reliable information in the studied area should be taken as its basis. But it is not enough to rewrite only a few facts and figures. Understanding the essence of the issue will help the student to play the received information in such a way that the teacher sees his deep interest in improving the current state of affairs in this industry.
Mistake # 4... The relevance description is inconsistent with the main body of the work. It often happens that scientific director encourages the student to make significant changes to the main part of the coursework. For this reason, the introduction to the work, including the description of its relevance, may require full or partial revision.
TOPIC: NEW TYPES OF EXPERTISE
Introduction
Chapter 1 Theoretical and methodological foundations of forensic examination
§2. Normative regulation of forensic activities in
Russian Federation
§3. New types of research in the forensic system
Chapter 2. Opportunities, problems and trends of new types of forensic examinations
§2. Analysis of computer information
§3. Polygraphology
§4. Odorological examination
§5. Prospects for the development of forensic expertise in the era of globalization
Conclusion
List of used literature
Introduction
The relevance of the chosen research topic is due to the fact that the changes taking place in Russia at the economic and political levels have both a positive and a negative impact on the state of society, in particular, the number of crimes committed is increasing. The development of science and technology has led to the development of new means, techniques and methods of activity, used simultaneously by both the underworld and law enforcement agencies, in particular, by investigative agencies in the fight against crime.
Currently, new types of crimes are emerging, for the disclosure of which it is necessary to develop and apply new types of expertise. Meanwhile, the complex of criminal procedural and forensic measures aimed at improving investigative work and strengthening the fight against crime remained imperfect. So, at present, criminal procedural norms do not contain regulation of the use of newly emerging in a large number of new research methods in the course of crime investigation. An analysis of expert, investigative and judicial work shows that the issues of applying new research methods both by the subject of the investigation and by the specialists invited by him in the broad sense of the word do not lose their relevance. Guiding explanations and instructions in by-laws, in the conditions of a deficit of legal regulation even at the level of the law, are clearly not enough at present.
The problems of applying new types of expertise and research methods attract a lot of attention of both lawyers and physicians, psychologists, biologists, programmers and representatives of other sciences. In domestic forensics, the issues of applying new and unconventional research methods were developed by: R.S. Belkin, V.A. Obraztsov, E.P. Ishchenko, L.G.Bidonov, N.N. Kitaev, T.A. Sedova, L. L. Kanevsky, N. G. Nakhodkina, V. I. Goncharenko, I. V. Postika, M. V. Saltevsky, N. T. Vedernikov, V. Kh. Merkurisov, N. A. Rodionov, V. V. Yarovenko and others. However, despite numerous attempts to investigate the theory and practice of using new methods in forensic science, many problems still have not found an unambiguous solution. Some problems were touched upon in the works of F.V. Glazyrin, A.F. Lubin, A.N. Chistikin, G.A.Pashinyan, V.N. Zvyagin, Zh.V. Sleptsova, V.P. Kryuchkov, V.K. Komarov, V. M. Bykov, A. I. Skrypnikov, N. V. Skorik, M. I. Rozanov, V. A. Varlamov, A. A. Schmidt and other researchers.
The purpose of the study is to analyze the content of new types of forensic examinations and the possibility of their application in forensic expertise.
To achieve this goal, it is necessary to solve the following tasks:
1. Analyze the theoretical and methodological provisions in relation to the methods and types of forensic examinations used in forensic activities.
2. Consider the normative regulation of forensic expertise in the Russian Federation.
3. Determine the place of new types of research in the forensic examination system.
4. To identify the possibilities and problems of the use of some new types of expertise in forensic expertise.
5. To determine the main trends in the application of new types of forensic examinations and the prospects for their development.
The object of the research is forensic activity.
The subject of the research is the patterns of development of new types of forensic examinations.
The methodological basis and research methodology was formed by dialectical, formal-logical, comparative, systemic, statistical methods.
The theoretical basis of the work was the works of scientists and specialists in criminology, forensic science, medicine, biology, psychology, computer science, physics and chemistry.
The provisions and conclusions of the study are based on the Constitution of the Russian Federation, the current criminal and criminal procedural legislation, subordinate departmental regulations of the Ministry of Internal Affairs of the Russian Federation.
The empirical base of the research (being finalized ??????????).
The theoretical and practical significance of the research lies in the fact that the work systematized and expanded knowledge about the subject of research, formulated problems and indicated directions for further scientific developments in forensic science using new types of expertise. The research materials can be used both in the process of organizing investigative and forensic activities, as well as in the educational process for the course "Criminalistics" and in the system of professional development of practitioners - experts.
The structure of the thesis is determined by its goals and objectives and consists of an introduction, two chapters, a conclusion, a list of references and applications. The introduction reveals the relevance of the research topic, defines the object and subject, goals and objectives of the research; the methodological basis, normative and empirical basis of the research, theoretical and practical significance of the research are indicated. The first chapter examines the main theoretical and methodological issues related to the study of forensic examinations: the history of the emergence and development of forensic expertise in Russia; classification of methods and types of forensic examinations; place of new types of research in the system of forensic examinations. The second chapter analyzes the possibility of using such new types of forensic research as the examination of DNA in the process of examining human biometric data; computer and technical expertise; odorological examination; examination using a polygraph. In conclusion, the conclusions of the study are presented.
^ Chapter 1.Theoretical and methodological foundations of forensic examination
§one. History, methods and classification of forensic examinations
In the history of mankind, the use of forensic expertise in solving certain issues has a long-standing character. So, already in the works of Hippocrates, the issues of studying mechanical damage on the body, determining the viability of babies when examining their corpses, etc. were considered. Therefore, forensic medicine was the first to be put in the service of justice. It was medicine as an area of \u200b\u200bspecial knowledge that formed the basis for the development of the main directions of expert research. Almost simultaneously with the forensic medical examination, an examination of documents appeared, in which both graphic forms - handwriting and the movements with which they were performed were subjected to research. The year of the official formation of forensic examination in Russia is considered 1716, when the Military Regulations of Peter 1 ordered to involve doctors to examine injuries on the victim's clothing and body.
For a long time, forensic research was carried out by random persons and did not have a sufficient scientific and methodological basis. For example, such a direction of research as graphology has been developed - the study of determining a person's character by handwriting. Since graphology was based not on a scientific basis, but only on some experience acquired by knowledgeable persons in the course of their professional activities (clerks, clerks), all attempts to use it in the forensic examination of documents were unsuccessful. At present, handwriting experts use some of the features of handwriting and writing described by graph lags to solve problems such as establishing the field, the state of the writer, and others.
In the late XIX - early XX centuries. the tendencies of the consolidation of expert knowledge have manifested themselves with particular force. They found their expression in the purposeful activity of a whole galaxy of scientists who contributed to the development of one of the directions of the formation of forensic science - the development of scientific methods for studying material evidence. This period of formation and development of forensic expertise is characterized by a pronounced practical bias, the solution of the most urgent tasks of combating crime. A feature of this stage was the accumulation of empirical data: about objects, methods and research tools; on the possibility of developing the actual expert means, methods and techniques for the study of material evidence; on the adaptation of methods and means of other sciences to the needs of expert practice. This stage ended with the organization and formation of the first expert institutions. So, on July 28, 1912, a law was passed on the creation in Russia of the first specialized forensic expert institution - the office of scientific and forensic expertise. Qualified employees and the latest equipment at that time made it possible from the very beginning of the offices to provide sufficient high level forensic examinations. In this case, the methods of photography, fingerprinting, chemistry, microchemistry were used, with the exception of forensic medical research. On March 1, 1919, by the decision of the Collegium of the NKVD of the RSFSR, a forensic examination room began to work at Tsentroozisk, which became the basis of the scientific and technical service of the criminal investigation department. This date is considered the day of the birth of the forensic service of the Russian internal affairs bodies. In parallel with the development of the forensic service, scientific and technical offices and subdivisions appeared in large cities in Tsentroroisk. Already in 1923, apart from Moscow, they operated in Leningrad, Kharkov, and Samara.
Late 40s - early 70s were marked by intense scientific research in forensic science. The direction of these studies was twofold: some of these studies were of a fundamental, largely theoretical nature, while others were applied, practical applications of emerging private theories, including theories of individual genera and types of expertise, played a methodological or purely recommendatory role. The views of that time on the subject and system of forensic examination as an area of \u200b\u200bpractical activity were of general scientific importance. In the same period, the network of state forensic institutions of various departments began to form and expand. So, in 1969, a practical body, the Central Forensic Laboratory (TsKL), was created under the Operational and Technical Directorate of the USSR Ministry of Internal Affairs. In 1977, the TsKL was reorganized into the Central Scientific Research Criminalistic Laboratory (TsNIKL) of the USSR Ministry of Internal Affairs. In 1983, TsNIKL became part of the All-Russian Research Institute of the Ministry of Internal Affairs of the USSR and formed NIL-6. In 1988, NIL-6 spun off from the All-Union Scientific Forensic Center (VNKTs). In 1992, the forensic department was liquidated in the Ministry of Internal Affairs, which carried out control and methodological functions in the system of expert divisions of the internal affairs bodies. Its management departments were incorporated into the All-Russian Scientific Research Center, which was transformed into the Forensic Expert Center (ECC) of the Ministry of Internal Affairs of Russia. Currently, the Russian Federation has created a system of forensic institutions of the Ministry of Justice of the Russian Federation, which consists of the Russian Federal Center for Forensic Expertise, 8 regional forensic centers, 41 forensic laboratories in large administrative centers of the constituent entities of the Russian Federation.
Thus, the formation of forensic expertise has a fairly long history. In the process of its development, as necessary, those types of forensic examinations appeared, which now form the basis for the organization of forensic research. At the same time, it should be noted that in parallel with the accumulation of practical data obtained in the course of forensic research, the theoretical and methodological base of forensic expert activity also developed.
Currently, the methodological basis of the general theory of examination continues to be actively developed. One of its elements is the definition of methods for solving problems of forensic examination.
According to the definition of the Dictionary of the main terms of forensic examinations, “the method of examination (expert research) is a system of logical and (or) instrumental operations (methods, techniques) of obtaining data to resolve a question posed to an expert. The operations that form the method represent the practical application of knowledge of the laws of objective reality to obtain new knowledge. "
The examination methods are based on appropriate scientific methods; the nature and properties of the examination object; experience in solving practical problems, including on algorithmic rules and techniques developed by the expert himself for studying objects of expertise.
It is customary to distinguish between research methods used in science in the development of theoretical and experimental problems, and methods used in expert activities. However, this division is very arbitrary, since the methods used in expert practice are also scientific in nature, since they are based on the achievements of science and technology.
The structure of the expert method consists of three elements - substantiating, operational and technical parts. The substantiating part contains a statement of the scientific basis on which the method was created and an idea of \u200b\u200bthe result of its application. The operational part includes actions, operations and techniques for implementing the method. The technical part includes various materials and devices that will allow the implementation of the method.
As T.V. Averyanov, in expert practice there are frequent cases of using a complex of research methods. In the production of complex and commission examinations, different methods can be applied by each expert. But even when the examination is carried out alone, the expert can apply a complex of complementary methods of one or different areas of knowledge. The integration of knowledge leads not only to the integration of sciences, but also to the integration of their methods, which is especially evident in the production of examinations.
In the works of T.V. Averyanova, A.I. Vinberg, I.V. Postika, E.R. Rossinskaya, A.R. Shlyakhov existing expert methods are classified on various grounds:
Degrees of community and subordination;
Purpose and results;
The nature of the information received (properties, attributes of objects);
Expert research stages;
Areas of science from which they are borrowed:
Physical;
Chemical;
Biological, etc.
The stages of the implementation of the methods used at the stages:
Preparatory;
Analytical;
Experimental;
Comparative;
Synthesizing.
With regard to the needs of expert practice, an expedient classification of methods is substituted in terms of their generality and subordination, in accordance with which four levels are distinguished.
The first level is a universal dialectical method that permeates all other levels, the entire structure of methods, since it is the basis for their development.
This general method also includes such formal logical categories, cognitive operations that are widely used in expert practice, as: analysis, synthesis, comparison, generalization, induction, deduction, etc., which take into account the main stages and patterns of the cognition process.
The second level - general (general scientific) methods - a system of certain techniques, rules, recommendations for the study of specific objects, phenomena, objects, facts. Common methods include observation, measurement, description, experiment, simulation.
The classification of third-level methods in the forensic literature is represented by three main points of view and, accordingly, three systems.
In the system proposed by A.I. Vinberg and A.R. Shlyakhov, methods of this level are called private scientific methods of forensic examination. These are instrumental, analytical and other auxiliary technical methods used either in one or in several sciences. They are used to study the morphological and substantial properties of research objects.
The methods of this level according to the classification of A.I. Vinberg and A.R. Shlyakhov are systematized in accordance with their general scientific and technical purpose and the results obtained into 12 classes: measuring, microscopic, photographic, physical and technical, spectral, X-ray, chromatographic, electrochemical (physical and chemical), analytical and chemical, radiation, mathematical, electronic -computing.
The fourth level - special (mono-object) methods (T.V. Averyanova); private expert methods (ER Rossinskaya), which are understood as methods developed or adapted for the study of a specific, single object or used only in examinations of this kind.
Such methods are created either on the basis of adaptation of methods existing in other fields of knowledge, sciences, or are created specially by experts on the basis of their practice of researching specific objects. Special methods developed by experts are used in almost every kind, type of forensic examinations, and above all such as forensic ballistic, forensic traceology, forensic portrait, forensic handwriting, forensic technical examination of documents.
Thus, the concept of a method is important in conducting a forensic examination, since it determines the way to achieve the goal of the activity. The result of the forensic examination depends on how correctly the research method is chosen.
According to the definition of Federal Law No. 73 "On State Forensic Activity in the Russian Federation", the term "forensic examination" means a procedural action consisting of conducting research and giving an opinion by an expert on issues, the resolution of which requires special knowledge in the field of science, technology, art or crafts and which are put before an expert by a court, a judge, an inquiry body, a person conducting an inquiry, an investigator or a prosecutor, in order to establish the circumstances to be proven in a particular case.
Forensic examination is one of the forms of using scientific and technical achievements in criminal, civil and arbitration proceedings. The essence of the forensic examination consists in the analysis, on the instructions of the investigator (court), by a knowledgeable person - an expert of the material objects of examination (material evidence) at his disposal, as well as various documents, in order to establish factual data that are important for its correct resolution. Based on the results of the study, the expert draws up a conclusion, which is one of the source of evidence provided by the law, and the factual data contained in it is evidence. Examination is an independent procedural form of obtaining new and clarifying (checking) the existing material evidence.
Forensic examination is distinguished from examinations carried out in other spheres of human activity by the following features:
Preparation of materials for examination, appointment and implementation in compliance with special legal regulations, which determine, along with the relevant procedure, the rights and obligations of an expert, the subject who appointed the examination, participants in criminal and civil proceedings;
Conducting research based on the use of specialized knowledge in various fields of science, technology, art or craft;
Giving an opinion that has the status of a source of evidence.
The classification of forensic examinations is of significant theoretical and practical importance, since it allows you to determine the directions of their methodological and organizational support. It can be carried out on various grounds: the nature (industry) of special knowledge, the place and sequence of its conduct, the volume of research, and the composition of experts.
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By its nature, the branch of special knowledge used in the production of examinations is usually divided into four levels: 1 - classes (types); 2 - childbirth; 3 - types; 4 - varieties (subspecies).
Such a division of forensic examinations, taking into account the main tasks they solve, is essential:
Helps to determine the types and types of examinations, the production of which should be organized in forensic institutions, to predict the creation of new ones;
Facilitates the development of short-term and long-term research plans for the development of theory and methods of expert research;
Predetermines the training and retraining of expert personnel, their competence and specialization;
Assists the forensic examiner in the right choice the appropriate kind (type) of expertise.
^ The class of expertise is expert research, united by a community of knowledge, serving as a source for the formation of the theoretical and methodological foundations of forensic examinations, and objects investigated on the basis of this knowledge. These, for example, are the class of forensic examinations, the class of forensic medical examinations, etc.
^ The types of examinations differ in the subject and objects and, accordingly, in the methods of expert research. For example, in forensic examination at the genus level, forensic examinations are distinguished: handwriting, authorship, technical examinations of documents, traceological, ballistic, portrait and other examinations.
^ The type of examination is made up of elements of the genus, which differ in the specificity of the subject in relation to objects and methods common to the genus. For example, in the forensic examination of documents there are: examination of the details of documents; examination of materials of documents (dyes, paper, etc.) used for their production.
A subspecies of examination - the constituent parts of the type, which differ in a peculiar group of tasks characteristic of the subject of this type of examination, and in complexes of the method of researching individual objects or their groups. For example, within the framework of the forensic examination of the details of documents, it is possible to single out the examination of impressions of seals (stamps) for their identification and solving diagnostic problems; documents obtained using copying equipment; typewritten texts, etc.
All forensic examinations can be divided into twelve classes: 1 - forensic; 2 - medical and psychophysiological; 3 - engineering and technical; 4 - engineering and transport; 5 - engineering and technological; 6 - economic; 7 - biological; 8 - soil science; 9 - agricultural; 10 - food products; 11 - environmental; 12 - art history.
Taking into account the types of examinations, the classification is as follows:
1 class. Forensic.
This class includes three types of examinations: A - traditional forensic examinations, the formation of which refers mainly to the period of the emergence and formation of forensic examinations; B - expertise formed in the last decades of the 20th century; B - various types of research of materials, substances, products, separated into an independent genus, also called materials science.
B. - Videophonographic (video phonoscopic), explosive, photographic, examination of the restoration of destroyed markings.
C. - Examination of objects of fibrous nature; examination of paints and varnishes and coatings; examination of petroleum products and fuels and lubricants; glass examination; examination of metals, alloys and products from them (metallurgical); examination of polymer materials, plastics, rubbers and products from them; examination of narcotic drugs and psychotropic substances; examination of alcohol-containing liquids; expertise of perfumery and cosmetic products.
Grade 2. Forensic medical and psychophysiological.
1) Forensic: forensic examination of corpses, forensic examination of living persons, forensic examination of material evidence (blood, hair, body secretions, etc.)
2) forensic psychiatric
3) forensic psychological
4) forensic psychological and psychiatric
Grade 3. Forensic engineering: fire and technical, safety expertise, construction and technical, electrical, computer and technical.
4th grade. Judicial engineering and transport: autotechnical, aviation and technical, railway and technical, other engineering and transport.
Grade 5. Forensic engineering and technological: technological, commodity research.
6th grade. Judicial economic: accounting, financial and economic, engineering and economic.
7th grade. Forensic biological: botanical, zoological, microbiological, entomological, ichthyological, ornithological, odorological.
8th grade. Forensic soil science: soil science, mineralogical.
Grade 9. Agricultural: agrobiological, agrotechnical, animal veterinary, veterinary and toxicological.
Grade 10. Food products
Grade 11. Forensic ecological: environmental ecology, biocenosis ecology.
Grade 12. Art criticism.
The above types of expertise are at different levels of development. Some have been around for decades, others have just begun; the third are considered in the perspective of the general development of forensic examinations. It should also be borne in mind the dynamism of the process of creating examinations and their transformation: the emergence of new types of examinations, the transformation of types of examinations into independent types (for example, phototechnical, videophonographic (video phonoscopic)).
According to the place of the examination, they are divided into two types: conducted in expert institutions and conducted outside expert institutions, since procedural legislation allows to appoint an expert any person with special knowledge necessary to resolve issues arising in the case.
According to the volume of research, examinations are divided into: basic and additional. An additional examination is appointed when the conclusions of the main examination are incomplete or unclear.
According to the sequence of the examination, they are divided into primary and repeated. A repeated examination is an examination carried out on the same objects and deciding the same issues as the primary examination, the conclusion of which is recognized as unreasonable or raises doubts.
In terms of the number and composition of performers, forensic examinations are subdivided into individual, commission and complex. The sole examination is carried out by one expert, the commission is a commission consisting of two or more experts of the same specialization. A complex examination is an examination in which experts specializing in different classes or types of forensic examinations are engaged in jointly solving the same issues and formulating a common conclusion.
Thus, the above classification is not final, completely complete and will be improved. Nevertheless, in order to carry out certification of expert methods, the Federal Interdepartmental Coordination and Methodological Council on the problems of expert activity approved the list of examinations used in the above classification.
§2. Normative regulation of forensic activity in the Russian Federation
The normative regulation of forensic activity in the Russian Federation is carried out on the basis of legal and subordinate normative legal acts, as well as on the basis of non-normative? (how to understand - is it obscene or what?) legal acts.
A law is a normative legal act applied by a legislative authority or directly by the people by way of a referendum, which has the highest legal force and contains primary legal norms on the regulation of the most significant social relations.
Subordinate regulations Are normative legal acts issued on the basis of and in pursuance of laws by a public authority within its competence.
Abnormal? legal acts - law enforcement acts, or acts of the application of law, as well as acts of official interpretation.
Law enforcement acts are legal acts applied by authorized public authorities or officialscontaining instructions on specific issues that are binding on a certain circle of persons (provisions, instructions, decisions, etc.).
Acts of official interpretation are official legal acts that explain the actual meaning and meaning of a rule of law and act in unity with this rule itself.
Legal normative legal acts governing forensic activities include: the Constitution of the Russian Federation, the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation, the Criminal Procedure Code of the Russian Federation, the Code of Administrative Offenses of the Russian Federation, the Customs Code of the Russian Federation, the Tax the code of the Russian Federation and a number of Federal laws. In particular, Federal Law No. 73-FZ of May 31, 2001 "On State Forensic Expert Activity in the Russian Federation"; Federal Law No. 128-FZ of 25.07.98. "On state fingerprint registration"; Federal Law No. 152-FZ of July 27, 2006 "On Personal Data", as well as the legislation of the Russian Federation on healthcare.
Currently, according to the current legislation, in our state, there are seven types of public law enforcement process (categories of cases), in which a forensic expert can become a participant: constitutional process, process in cases of administrative offenses, criminal, customs, tax, arbitration and civil processes ...
Federal Law No. 73-FZ of May 31, 2001 "On State Forensic Expert Activity in the Russian Federation" defines the legal basis, principles of organization and main directions of state forensic expert activity in the Russian Federation in civil, administrative and criminal proceedings.
Article 1 of this law determines that the state forensic expert activity is carried out in the process of legal proceedings by state forensic institutions and state forensic experts, consists in the organization and production of forensic examination.
The task of the state forensic expert activity is to provide assistance to courts, judges, bodies of inquiry, persons conducting inquiries, investigators and prosecutors in establishing the circumstances to be proved in a particular case, by resolving issues requiring special knowledge in the field of science, technology, art or craft ...
State forensic expertise is based on the following principles:
The principle of legality,
The principle of observance of human and civil rights and freedoms, the rights of a legal entity,
The principle of expert independence,
The principle of objectivity,
The principle of comprehensiveness and completeness of research carried out using modern achievements of science and technology.
State forensic expert activity is carried out with the unswerving observance of the equality of citizens, their constitutional rights to freedom and personal inviolability, personal dignity, privacy, personal and family secrets, protection of honor and good name, as well as other rights and freedoms of man and citizen in accordance with generally recognized principles and norms of international law and in accordance with the Constitution of the Russian Federation.
Forensic research requiring a temporary restriction of a person's freedom or his personal integrity is carried out only on the grounds and in the manner established by federal law.
A person who believes that the actions (inaction) of a state forensic institution or expert have led to a restriction of the rights and freedoms of a citizen or the rights and legitimate interests of a legal entity has the right to appeal against these actions (inaction) in the manner prescribed by the legislation of the Russian Federation.
When conducting a forensic examination, an expert is independent, he cannot be in any way dependent on the body or person who appointed the forensic examination, the parties and other persons interested in the outcome of the case. The expert gives an opinion based on the results of the research carried out in accordance with his special knowledge.
It is not allowed to influence the expert on the part of courts, judges, bodies of inquiry, persons conducting inquiries, investigators and prosecutors, as well as other state bodies, organizations, associations and individuals in order to obtain an opinion in favor of any of the participants in the process or in the interests of other persons.
Persons guilty of influencing an expert are subject to liability in accordance with the legislation of the Russian Federation.
The principle of objectivity is applied in the process of expert activity of a specialist (expert) on a strictly scientific and practical basis, within the relevant specialty, comprehensively and in full.
The expert's opinion should be based on provisions that make it possible to verify the validity and reliability of the conclusions drawn on the basis of generally accepted scientific and practical data.
The objects of research are material evidence, documents, objects, animals, corpses and their parts, samples for comparative research, as well as materials Chapter 2. Opportunities, problems and trends of new types of forensic examinations
§one. Examining a person's biometric data
Biometrics is the identification of a person by unique biological characteristics inherent only to him. Biometric identification - new method identification of authenticity by individual biological characteristics of a person - fingerprints, DNA, fundus, iris, handwriting, voice, ear shape, face geometry, etc.
It should be noted that biometric technologies have long been used in forensic science, in particular, fingerprints, as well as determining a person's personality by handwriting (graphology). In addition, within the framework of forensic