Volume 03 Issue 11-2023
39
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
39-45
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The article discusses the legal basis for the interaction of an expert with investigative authorities in the appointment
and production of ballistic examinations aimed at the rapid detection and high-quality investigation of crimes
committed with the use of firearms. A scientific analysis was carried out to study the opinion of criminologists
regarding the algorithm for the interaction of expert units with investigative agencies in conducting ballistic
examinations in order to obtain reliable evidentiary information for solving and investigating crimes.
KEYWORDS
Interaction, examination, expert, investigator, investigation, interaction tactics, expert units, criminal proceedings,
forensics, forensic ballistics, firearms.
INTRODUCTION
Currently, in the world, an increasing number of crimes
are committed with the use of firearms. Thus, every
year, 200-300 thousand people [1] become victims of
the use of firearms. Moreover, in 71 countries this is the
highest figure over the past 20 years [2].
For a quick and high-quality investigation of this type of
crime, experts are involved who are specialists in the
field of ballistic examinations, who work closely with
the investigative authorities. Thus, according to
statistics, over the period 2018-2022 and the first half of
2023, the number of assigned ballistic examinations
has almost doubled [3.]. This, in turn, indicates the
relevance of the institution of interaction between an
expert and investigative authorities when assigning
and conducting ballistic examinations.
Forensic ballistic examination belongs to the category
of examinations that require the expert to be
attentive, thorough in conducting research and the
validity of the conclusions made. Like any other,
Research Article
LEGAL GROUNDS FOR INTERACTION BETWEEN AN EXPERT AND
INVESTIGATIVE AUTHORITIES WHEN ORDERING AND CONDUCTING
BALLISTIC EXAMINATIONS
Submission Date:
November 06, 2023,
Accepted Date:
November 11, 2023,
Published Date:
November 16, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue11-07
Askarova Bakhytgul Polatovna
Senior Lecturer Of The Department Of Administrative Activities Of The Academy Of The Ministry Of Internal
Affairs Of The Republic Of Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 11-2023
40
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
39-45
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
forensic ballistic examination is carried out on the basis
and in accordance with criminal procedural norms.
Currently, in connection with the development of
science and technology, as well as the improvement
and development of new methods of forensic ballistic
examination, the role of material evidence of the use
of firearms is increasingly increasing, and forensic
experts, based on their special knowledge, are
increasingly resolving issues more definitely and
reliably , important for a successful investigation [4, p.
72].
The appointment and conduct of forensic ballistic
examinations require special knowledge in the field of
ballistics and qualified research using sophisticated
equipment. It is generally accepted that in cases
involving the use of firearms, forensic ballistic
examination is necessary. The examination is
appointed by the person investigating the crime, and
its production is carried out by expert forensic units
and, accordingly, appropriate interaction occurs
between them [5, p. 74].
In the practice of forensic examination of weapons,
cartridges and traces of their action, the updating of
diagnostic forensic ballistic examination is intended to
reflect the results of the development of forensic
ballistic examination, the processes of improving its
scientific
and
methodological
foundations,
organization and production technology, the need to
formalize its methodological resource beyond the
framework of what has become familiar scientific ideas
more than half a century ago[6, p. 6].
To understand the essence of the criminal procedural
and forensic aspects of the tactics of interaction
between an expert and investigative authorities when
assigning and conducting ballistic examinations, it is
necessary to analyze the theoretical and legal
foundations of this activity, what forms and methods
of interaction, tactics and algorithm of actions [7, p.
144]. Such an analysis allows us to take the best from
the past, enriching it with the achievements of
scientific and technological progress; answer most of
the questions that need to be taken into account when
developing existing theoretical problems, formulating
proposals for improving current legislation, and
corresponding recommendations for practitioners.
The point is to trace the peculiarities of the tactics of
interaction between an expert and the investigative
authorities in the appointment and production of
ballistic
examinations
in
the
detection
and
investigation of crimes committed with the use of
firearms. It is necessary to find out to what extent the
previously existing forms of such interaction,
legislative norms on this, and their theoretical
justification are acceptable.
When determining the significance of the interaction
of an expert with the investigative authorities in the
appointment and production of ballistic examinations,
in our opinion, it is necessary to analyze the legal norms
governing this type of interaction. Attention should be
paid to two factors that directly affect the
effectiveness of the interaction of the expert with the
investigative authorities in the appointment and
production of ballistic examinations. Regulation of
interaction tactics in criminal procedural legislation is
the first and main factor.
The second factor influencing the effectiveness of
interaction between an expert and investigative
authorities in the appointment and production of
ballistic examinations is the legal regulation in the laws
on forensic examination and on weapons. This means
that the criminal procedural regulation of the
interaction of an expert with the investigative
authorities in the appointment and production of
Volume 03 Issue 11-2023
41
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
39-45
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ballistic examinations must have a legal basis
enshrined in the specified norms.
It should be noted that at present a set of legal
frameworks has been formed, expressed in the form of
normative legal acts regulating the interaction of an
expert with the investigative authorities in the
appointment
and
production
of
ballistic
examinations[8, p. 79-82].
Thus, it is the set of acts, including those of a
departmental nature regulating the activities of
interacting entities, that constitutes the legal basis for
the interaction of an expert with investigative
authorities in the appointment and production of
ballistic examinations.
It seems that the current state and prospects for legal
regulation of the interaction we are considering
require an analysis of not only domestic legislative
norms and by-laws, but also international acts related
to the institution of forensic tactics of interaction
between law enforcement agencies in solving and
investigating crimes [9, p. 358].
When considering the mechanism of regulatory
support for any type of legal activity, one cannot
ignore the provisions of the Basic Law - the
Constitution of the Republic of Uzbekistan, which is
relevant to the subject of our study. The Constitution
of the country is the legislative basis for the legal
regulation of all spheres of government activity in
general, and the law enforcement system in particular,
which are the subjects of interaction we are studying.
Article 28 of the Constitution of the Republic of
Uzbekistan (new edition) specifies the constitutional
principles of the protection of human rights in criminal
procedural legal relations. This article states: “A person
accused of committing a crime is considered innocent
until his guilt is proven through a public trial in the
manner prescribed by law and established by a court
verdict that has entered into legal force. The accused is
provided with all opportunities for his defense.”
From the above we can conclude that the burden of
proof lies with government agencies, which must
strictly comply with them. This also applies to the
appointment and conduct of a forensic ballistic
examination, during which both the expert and the
investigator interact and carry out a joint algorithm of
actions of a tactical nature.
The listed regulations formed the basis for special
norms of criminal procedure legislation and laws on
forensic examination and weapons. This legislation and
departmental regulations provided the legal basis for
the interaction of the expert with the investigative
authorities in the appointment and production of
ballistic examinations [10, p. 65-67].
We should not forget that international legal acts also
occupy a special place in the system of legal regulation
of the interaction we are considering. As already
indicated, the Constitution, the Code of Criminal
Procedure and other laws on forensics and weapons
give priority to generally recognized norms of
international law.
Of considerable interest are the international
regulations adopted by the Commonwealth of
Independent States (CIS) to regulate issues of
interaction between an expert and investigative
authorities in the appointment and production of
ballistic examinations. These include multilateral,
bilateral acts and agreements on certain issues. In
particular, the CIS member countries decided to
cooperate in the main areas of combating serious and
especially serious crimes in which weapons are used. It
is very important that the parties also determined the
forms of such interaction [11, p. 41].
Volume 03 Issue 11-2023
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International Journal Of Law And Criminology
(ISSN
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VOLUME
03
ISSUE
11
Pages:
39-45
SJIF
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FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
The procedure and documentation for the interaction
of the expert with the investigative authorities in the
appointment and production of ballistic examinations
have been determined, including for urgent situations
when requests can be made orally with subsequent
written confirmation.
In addition, the CIS countries have concluded
conventions (Minsk and Chisinau) on legal assistance
and legal relations in civil, family and criminal matters.
Many norms of these legal acts stipulate the possibility
of interaction between an expert and investigative
authorities when assigning and conducting ballistic
examinations in the CIS countries [12, p. 23]. The above
analysis of international acts indicates a positive trend
in matters of interaction between an expert and
investigative
authorities
when
assigning
and
conducting ballistic examinations in the territories of
cooperation states.
In the legal regulation of the interaction of an expert
with investigative bodies in the appointment and
production of ballistic examinations, a significant role
is also given to subordinate regulatory and
departmental acts. Because these acts are more
specific in setting interaction tasks. For example, in the
Regulations of the Investigation Department, in
accordance with the tasks assigned to them, the
function of organizing the interaction of police
department investigators with bodies involved with
expert institutions, etc. is also defined.
It seems that departmental and interdepartmental
regulations should specify the interaction of the expert
with the investigative authorities when assigning and
conducting ballistic examinations through standard
departmental instructions. However, the absence of
just such an Instruction causes problems and
misunderstandings among interacting subjects related
to the procedure, forms and other features of the
expert’s interaction with the investigative au
thorities
when assigning and conducting ballistic examinations.
Thus, the current regulations governing the interaction
of an expert with investigative authorities in the
appointment and production of ballistic examinations
need to be revised in accordance with the current
criminal procedure law.
It is worth noting that the legal regulation of the
interaction of an expert with the investigative
authorities in the appointment and production of
ballistic examinations is determined by his goals. In
some cases, such a goal may be to optimize the
criminal procedural legislation of interaction between
an expert and investigative authorities in the
appointment and production of ballistic examinations.
In others, the regulation of legislation on forensic
examination or on weapons in the norms of which
defines the forensic tactics of interaction between an
expert
and
investigative
authorities
in
the
appointment and production of ballistic examinations
[13, p. 81].
Summing up the regulatory and legal support for the
interaction of an expert with investigative authorities
in the appointment and production of ballistic
examinations, it is necessary to note the relevance of
the very algorithm of their joint activities. This, in turn,
actualizes the interaction process itself, which has its
own elements, both procedurally and tactically.
Consequently, interaction tactics presuppose the need
for a planned, systematic resolution in the established
order of the interaction algorithm, which includes both
criminal procedural and forensic aspects [14, p. 250].
From the above we can conclude that assumptions
about making appropriate additions of an applied
nature to forensic tactics should be reflected in the
rules of law (mainly instructions and recommendations
enshrined in departmental acts). This confirms the
Volume 03 Issue 11-2023
43
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
39-45
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
existence of existing legal gaps in this area, and
therefore substantiates the need to take effective
measures aimed at changing the current situation in
order to improve and optimize both the regulatory and
practical components of the algorithm and interaction
tactics expert with investigative authorities in the
appointment and production of ballistic examinations.
Analysis of existing legal norms and forensic tactics;
the legal basis for the interaction of an expert with
investigative authorities in the appointment and
production of ballistic examinations; they can be
divided into two component parts. The first part is
legislative acts: the Constitution of the Republic of
Uzbekistan, Criminal, Criminal Procedure Codes of the
Republic of Uzbekistan, Laws “On Forensic Expertise”,
“On Weapons”, “On Courts”, “On the Prosecutor’s
Office”, “On Internal Affairs Bodies”, dec
rees ,
Resolutions of the President of the Republic of
Uzbekistan, Resolutions of the Cabinet of Ministers of
the Republic of Uzbekistan, orders and instructions of
the Minister of Internal Affairs, the Prosecutor General
on the interaction of an expert with investigative
authorities in the appointment and production of
ballistic
examinations,
departmental
and
interdepartmental regulations.
And the second part is the by-laws that define the
forensic tactics of interaction between the expert and
the investigative authorities when assigning and
conducting ballistic examinations; this is the second
important component that determines the algorithm
of actions of both the expert and the investigative
authorities.
Naturally, specific legal grounds are required to
implement an interaction mechanism. Thus, on the
basis of the Resolution of the President of the Republic
of Uzbekistan “On measures to radically improve the
activities of internal affairs bodies in the field of
investigation of crimes” [15.] the “Regulati
ons on the
Investigation Department under the Ministry of
Internal Affairs of the Republic of Uzbekistan” was
approved. Based on the above regulatory legal acts,
the “Instruction on the procedure for organizing
inquiry and preliminary investigation in internal affairs
bodies” was adopted, approved by order of the
Ministry of Internal Affairs of the Republic of
Uzbekistan No. 100 dated June 12, 2017. It outlines the
main
tasks
and
competencies,
rights
and
responsibilities of the subjects of the investigation ATS,
conditions for the correct and effective use provided
for in Art. Art. 36, 391 of the Code of Criminal Procedure
of the Republic of Uzbekistan the competencies of the
investigator and the bodies carrying out the pre-
investigation check.
According to I.F. Gerasimov, the interaction of all
bodies and officials in the process of solving,
investigating and preventing crimes should be
understood as “such a relationship in their activities
that ensures the correct combination of powers,
methods and means inherent in each participant in the
interaction” [16, p. 71].
This definition in general expresses the essence of
interaction - the relationship, coordinated activities of
various bodies and officials, however, in our opinion, it
also does not reveal all its mandatory features.
Procedural interaction presupposes a certain element
of subordination of the expert to the investigator, who
is the official responsible for the investigation of the
criminal case. But some authors, in particular D.E.
Karimova expresses a different point of view. Thus, she
believes that interaction is a joint, coordinated,
continuous activity of an ATS investigator and
employees of criminal investigation units who are not
subordinate to each other, implying the organizing role
of the investigator when each of its participants
Volume 03 Issue 11-2023
44
International Journal Of Law And Criminology
(ISSN
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2771-2214)
VOLUME
03
ISSUE
11
Pages:
39-45
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
performs the actions they have planned independently
[17, p. 34]. However, in our opinion, the sign of non-
subordination of the participants in the interaction is
not entirely successful. Otherwise, one could speak
only conditionally about the interaction of the
investigator
with
other
participants
in
the
investigation, since from a procedural point of view
there is no equal partnership: the status of the
investigator determines his dominant and leadership
role, personal responsibility for the decisions made and
the results of the investigation as a whole. All activities
of other participants in the investigation are
subordinated to the tasks assigned to them by the
investigator and are consistent with them. In this case,
it is advisable to point only to the administrative
independence of the subjects of interaction.
Taking into account the above, it seems possible to
give the following, most complete concept of the
interaction of an expert with the investigative
authorities in the appointment and production of
ballistic examinations. The interaction of an expert
with the investigative authorities in the appointment
and production of ballistic examinations is the activity
of administratively independent entities, coordinated
in terms of goals and objectives, organized on the basis
of criminal procedural legislation, which is expressed in
the most effective combination of their inherent
methods and means.
CONCLUSION
In conclusion, we can conclude that the algorithm for
the interaction of an expert with an interrogator,
investigator and authorities carrying out pre-
investigation checks allows one to successfully solve a
wide range of identification and diagnostic problems
related to the study of firearms, ammunition, and
gunshot traces. In this case, modern advances in
forensic science are used, which help optimize the
investigation algorithm. Improving the technology of
interaction between an expert and officials carrying
out pre-investigation checks, inquiries or preliminary
investigations when assigning and conducting a
forensic ballistic examination depends on the
effectiveness
and
quality
of
detection
and
investigation of crimes.
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International Journal Of Law And Criminology
(ISSN
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VOLUME
03
ISSUE
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Pages:
39-45
SJIF
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MPACT
FACTOR
(2021:
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705
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OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
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