Legal bases of the organization and production of forensic examination: status, gaps and development prospects

The main regulatory legal acts forming the system of legal regulation of the organization and production of forensic examination are reviewed in the article. It is stated that in general production of forensic examination is sufficiently regulated by the current legislation. However, many existing methods of production are fixed in forensic examination guidelines and instructions of departmental and sector levels. Recommendations on objects research; criteria for evaluating objects research; rulesfor collecting samples for comparative studies etc. while producing auto-technical and certain types of biological, gemological, construction and technical, forensic examinations, as well as certain types of examination of materials, substances, goods and food are a subject to departmental regulation. At the same time methods of production of a significant number of forensic examinations, including criminalistics expert examination have not been settled by legislative, departmental or any other legal regulation. Rules of evidence evaluation suggest fixing methods of these studies at the interagency level, by means of issuing joint orders of the departments responsible for their production. Such methods must be scientifically justified and contain the following information: name of the objects of study, tasks to an expert in a particular type of forensic examination (study of a specific object), the procedure for study of a particular object of examination, an indication of methods that can be applied in a particular case, conditions of forensic examination production: order and quantity of samples for comparative examination, information about conclusions (definitive, probable).