INNOVATIVE APPROACH IN RESEARCH OF ERRORS AT SETTING JUDICIAL EXAMINATIONS
Journal: LAW AND INNOVATIONS (Vol.1, No. 11)Publication Date: 2015-07-01
Authors : BULULUKOV O. YU.;
Page : 139-145
Keywords : judicial examination; errors of investigator; expert errors; transformation of errors; degree of transformation; human factors;
Abstract
Problem setting. Errors at the acceptance of tactical decisions an investigator, in the process of investigation of crimes, can be transformed in expert and judicial. Decision of connections between the errors of investigator at the acceptance of tactical decisions, by the errors of expert and judicial errors, is important for establishment of cross-correlation dependences between them. Analysis of resent researches and publication. The separate questions of research of errors in a criminal trial we find out in works of such scientists as: R. S. Belkin, А. R, Belkin, V. D. Bernaz, А. D. Boikov, V.I. Vlasov, N. L. Granat, G.L. Granovsky, G.A. Zorin, N.I. Klimenko, A.B. Solovyev, S.A. Sheifer and other. Target of research. The aim of the article is research of influence’ degree of investigator’ errors at the acceptance of tactical decisions on the origin of errors at the production of expert researches. Article’s main body. Tasks that is decided by an investigator at setting of judicial examinations are considered in the article. As it applies to each of tasks the errors of investigator, assumed at the acceptance of tactical decisions, are certain. The typical errors of investigator, assumed at setting of judicial examinations that can be transformed in expert errors, are adopted. The concept of transformation of errors of investigator is given at the acceptance of tactical decisions in expert errors and its kinds are adopted. An author draws conclusion about the presence of three degrees of such transformation: low, middle and high. As sources of transformation of errors of investigator human factors the presence of that contacts with the features of personality of expert are named in expert. Conclusions and prospects for the development. Decision of errors of investigator, tactical decisions assumed at an acceptance in connection with setting of judicial examination allows, during their transformation, to uncover expert errors, that matters in establishment of truth. Decision of degree of transformation of tactical errors of investigator in the errors of expert, the conclusion of expert and its evidential value allow correctly estimating. Analogical approaches in using of offer types of transformation of errors for setting of judicial examinations in expert can be used in civil and economic processes, and similarly during realization of the administrative rule-making. Thus the examinations knowledge of that will allow avoiding the errors of expert assumed at preparation and setting matter error.
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