LEGAL REGULATION OF FORENSIC ACTIVITY IN THE CONTEXT OF PROTECTION OF CHILDREN’S RIGHTS: NATIONAL AND EUROPEAN EXPERIENCE
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 58)Publication Date: 2022-12-31
Authors : Horbonos Viktoriia; Kronivets Tetiana;
Page : 27-33
Keywords : forensic expert activity; childrens’ rights; DNA examination; genomic information;
Abstract
The purpose of the work is to study the essence and features of forensic expert activity in the context of modern realities and the protection of children's rights, as well as specific issues arising in the legal regulation of forensic activity at the national and European levels. The issue of genomic information and its application for the protection of human rights is considered, as well as the aspect of creating databases for the implementation of effective and operational justice and ensuring human rights. It is especially important today that genomic information is necessary for the search for missing persons and identification, since the war brought huge losses to Ukrainians — thousands of killed and tortured people. Because of the war, many people are considered missing, many were captured. In such cases, the relatives of these persons are advised to submit biological samples together with a statement to the police about the fact. Minors also have the right to do so. In addition, minors, incapacitated persons and persons with limited legal capacity have the right to submit their genomic information for registration with the written consent of their legal representatives. While creating this article, general scientific theoretical research methods were carried out, as well as an analysis of published data and the legislative framework regarding the legal regulation of DNA expertise, as one of the most important areas of expert research in wartime conditions. The results. The main areas of problem solving are identified. They are essential for DNA analysis in Ukraine to acquire the necessary development. The importance of the collection of genomic information, as well as the creation of various databases, were defined and substantiated. The importance of complying with the law during the collection, storage and use of information about a person, for the purpose of effective justice and ensuring human rights, is presented. Forensic examination is necessary for the establishment of objective truth, the development and practical implementation of scientific methods and techniques, the study of materials during the investigation of crimes and the trial.
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