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Some aspects of professional training of forensic experts for
internal affairs bodies
Lyudmila YUGAY
1
Academy of the Ministry of Internal Affairs of the Republic of Uzbekistan
ARTICLE INFO
ABSTRACT
Article history:
Received September 2020
Received in revised form
15 October 2020
Accepted 15 November 2020
Available online
31 December 2020
This article is devoted to the issues of introduction of new
approaches to training, retraining and advanced training of
personnel for the forensic expertise departments of the internal
affairs bodies. The normative legal acts of the Republic of
Uzbekistan in training, retraining and advanced training of
forensic experts are considered. The author analyzes the foreign
experience and formulates proposals for improving the training
of expert personnel for internal affairs bodies.
2181-
1415/© 2020 in Science
LLC.
This is an open access article under the Attribution 4.0 International
(CC BY 4.0) license (https://creativecommons.org/licenses/by/4.0/deed.ru)
Keywords:
Forensic expertise activity
Legal
Professional training
Information technologies.
Ички
ишлар
органлари
учун
суд
экспертларини
тайёрлашнинг айрим жиҳатлари
АННОТАЦИЯ
Калит сўзлар:
Эксперт
-
криминалистика
фаолияти
Ҳуқуқий
Касбий тайёргарлик
Ахборот технологиялари
Ушбу мақола ички ишлар органларининг эксперт
-
криминалистика бўлимлари учун кадрлар тайёрлаш, қайта
тайёрлаш ва малакасини оширишда янги ёндашувларни
жорий этиш масалаларига бағишланган. Ўзбекистон
Республикасининг суд экспертларини тайёрлаш, қайта
тайёрлаш ва малакасини ошириш соҳасидаги норматив
-
ҳуқуқий ҳужжатлари кўриб чиқилган. Муаллиф хорижий
тажрибани таҳлил қилган ва ички ишлар органлари учун
мутахассис кадрлар тайёрлашни такомиллаштириш бўйича
таклифлар берган.
1
PhD, Academy of the Ministry of Internal Affairs of the Republic of Uzbekistan, Tashkent, Uzbekistan
E-mail:
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Некоторые
аспекты
профессиональной
подготовки
судебных экспертов для органов внутренних дел
АННОТАЦИЯ
Ключевые слова:
Экспертно
-
криминалистическая
деятельность
Правовая
Профессиональная
подготовка
Информационные
технологии
Данная статья посвящена вопросам внедрения новых
подходов к подготовке, переподготовке и повышению
квалификации кадров для экспертно
-
криминалистических
подразделений органов внутренних дел. Рассматриваются
нормативно
-
правовые акты Республики Узбекистан в сфере
подготовки, переподготовки и повышения квалификации
судебно
-
экспертных кадров. Автором проводится анализ
зарубежного опыта и формируются предложения по
совершенствованию подготовки экспертных кадров для
органов внутренних дел.
INTRODUCTION
One of the priority areas in development of law enforcement agencies is to increase the
efficiency of forensic institutions, their scientific, technical, methodological base, in particular,
forensic expertise departments of the internal affairs bodies.
The tasks of the forensic expertise departments of the internal affairs bodies include
the organization and conduction of examinations and research, technical and forensic support
of operational-search activities and investigative actions, the organization and maintenance
of information, reference and forensic records, card files and collections, the organization and
conduction of research work, experimental and design developments, their practical
approbation, provision of conducting the expert research, etc. [1].
An analysis of the statistical indicators of the forensic expertise departments of the
internal affairs bodies of the Republic of Uzbekistan for 2019 shows an increase in forensic
examinations conducted by them in comparison with 2018 by 3.1%, with a decrease in the
total number of crimes for the indicated period of time by 6%. At the same time, the total
number of traditional forensic examinations in 2019 in relation to all conducted is 43.7%. For
6 months of 2020, there is a decrease in the total number of forensic examinations compared
to the same period in 2019 by 1.7%, and the total number of traditional examinations for the
specified period is 40.6% in relation to all forensic examinations [2].
The effectiveness of activities of the forensic expertise departments is directly
proportional to the quality of training, retraining and advanced training of personnel in
forensic activities.
I.E. Nikitina and E.V. Chesnokova note that the actualization of new criminal challenges
throughout the world requires the activation and deepening of interaction between law
enforcement agencies, including criminologists and forensic experts, the use of advanced
forms of cooperation, where such a direction as training qualified personnel in the fight
against crime comes to the fore, which is the most important direction of state activity of any
country and contributes to the implementation of its law enforcement function [3, p. 74-76].
At the same time N.P. Mailis emphasizes that modern socio-economic conditions, the
development of science and technology, changes in educational standards naturally entail
higher requirements for the quality of training forensic experts. The solution to such a
problem requires an integrated approach and depends on a number of factors [4, p. 12-15].
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MATERIALS AND METHODS
Forensic divisions of the Republic of Uzbekistan carry out their activities in the Ministry
of Internal Affairs, Ministry of Justice, Ministry of Health, Ministry of Defense, State Security
Service and State Customs Committee. In accordance with the Resolution of the President of
the Republic of Uzbekistan No. 4125 “On measures for further improving forensic activities”
of January 17, 2019, non-state forensic organizations began to function in the Republic of
Uzbekistan [5].
According to F.G. Aminev, in order to achieve a high level of forensic activity, not only
the optimal organization of the activities of forensic expertise organizations, not only ensuring
a continuous process of introducing modern scientific and technical means and methods, but
also creating conditions for ensuring a high level of professional training of experts is
necessary [6, p. 16-18].
In accordance with the Article 11 of the Law of the Republic of Uzbekistan No. LRU-249
“On forensic examination” of June 1, 2010, a person who is a citizen of the Republic of
Uzbekistan and has a higher education, in exceptional cases
–
specialized secondary
vocational education that has undergone compulsory training can be certified as a state
forensic expert on a specific forensic specialty [7].
Certification as a state forensic expert is carried out on the basis of the Regulation on
the procedure for holding attestation as a state forensic expert, approved by the Resolution of
the Cabinet of Ministers No. 300 of December 16, 2010 [8].
The qualification of the state forensic expert is assigned in accordance with the list of
expert specialties determined by the expert institution.
Based on the Resolution of the President of the Republic of Uzbekistan No. RP-
3216 “On
measures for radically improving the system of training, retraining and advanced training of
employees of internal affairs bodies” of August 16, 2017, the Academy of the Ministry of
Internal Affairs of the Republic of Uzbekistan is a higher specialized education institution for
training, retraining and advanced training employees of internal affairs bodies.
Of course, the quality of training forensic experts through individual internships and
short courses cannot be compared with the special education received in a specialized higher
education institution.
Within the framework of the curricula of a higher education institution, it is envisaged
to pass a complex of special disciplines, for each of which appropriate educational and work
programs have been developed with an allotted amount of teaching hours, systematic control
of the quality of mastering by students of the studied material. At the moment, specialists in
forensic medicine and forensic psychiatry are trained in relevant medical higher education
institutions, the Academy of the Ministry of Internal Affairs of the Republic of Uzbekistan
graduates specialists in the direction of “Forensic expertise activity”.
We agree with the opinion of N.P. Mailis, who believes that training of experts is carried
out in different agencies and each of them has its own approaches to training. Differences in
the organization and in teaching methodology do not contribute to the high-quality
conduction of examinations, as well as the interaction of experts. Moreover, in the expert
institutions of each system, there is a practice of training experts, which provides for the
development of related specialties. Close interaction would be useful for developing common
approaches not only in the process of training expert personnel, but also in conducting joint
repeated and complex examinations [9, p. 56-59].
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At the same time T.F. Moiseyeva notes that special training of forensic experts is
possible within t
he framework of higher education in the specialty “Forensic examination” as
an additional education to higher education in various branches of knowledge that are in
demand for forensic expertise. At the same time, basic education can be obtained within the
framework of a bachelor’s degree, and additional education in forensic examination –
in the
form of professional retraining. Professional retraining in forensic examination and within the
framework of the magistracy, which seems to be a more significant form, since it involves a
more thorough (due to a longer training period of training forensic experts) is also possible.
Additional education in forensic science should complement the existing knowledge in a
particular area with knowledge of expert techniques, the main theoretical provisions of
forensic examination, legal and organizational aspects. Additional education is not a second
special education, but rather additional to the basic one [10, p. 160-168].
The Academy of the Ministry of Internal Affairs of the Republic of Uzbekistan trains
specialists in traditional forensic examinations, who, upon graduation, receive a diploma of
higher legal education and admittances to the right to produce these types of examinations.
Graduates of the Academy, after passing the qualification exam in their specialty, receive the
right to independently produce fingerprinting, traceological, ballistic, handwriting
examinations, as well as technical and forensic examination of documents.
In connection with the planned introduction of amendments and additions to the
criminal and administrative legislation related to the circulation and use of melee weapons,
the issue of introducing teaching for the Academy cadets enrolled in the field of “Forensic
expertise activity” of the educational discipline “Research of melee weapons” is being
considered.
An important place in training the forensic expertise experts, along with obtaining deep
theoretical knowledge, is development of practical skills necessary for the qualified execution
of tasks assigned to the forensic expertise departments of the internal affairs bodies.
At the moment, the Academy of the Ministry of Internal Affairs of the Republic of
Uzbekistan signed Memorandums of Cooperation with Tashkent State University of Law, the
Republican Center for Forensic Expertise named after H. Suleymanova under the Ministry of
Justice, the Main Forensic Center of the Ministry of Internal Affairs of the Republic of
Uzbekistan, the Expert Criminalistics Center of the Main Department of Internal Affairs of the
city of Tashkent. Practical classes in the specialty are conducted with the participation of
leading scientists and specialists in various areas of forensic examination.
On the basis of the territorial divisions of the internal affairs bodies, seven branches of
the Department of Forensic Examination function. In these branches of the department, field
classes are held for cadets studying in the direction of “Forensic expertise activity”, where in
real conditions they have the opportunity to consolidate their practical skills.
Master classes and roundtable discussions with participation of foreign scientists and
practitioners are systematically held, which make it possible to get acquainted with the
advanced methods and means of conducting forensic examinations. The teaching staff of the
Academy takes an active part in international workshops, conferences, foreign scientific
internships.
Experts in various types of forensic examinations are also trained on the basis of the
Institute for Advanced Studies of the Ministry of Internal Affairs. Based on the results of
training, experts pass a qualifying exam to obtain the appropriate admission or confirmation.
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Certification of experts is a form of control over the required level of professional
training and retraining of experts, the use of scientifically grounded modern methods and
research techniques, modern technical means.
Qualification certification is an organizational measure, a procedure for granting a
forensic expert and extending the right to independently conduct forensic examination for a
specific type or expert specialty on the basis of checking the level of professional training of
an employee, his knowledge of the organizational and legal foundations of forensic expertise
activity, forensic examination methodology, knowledge of methods and techniques, skills and
techniques for the production of forensic examination in a certain type of forensic
examination or expert specialty, i.e. checking that he has special knowledge for the successful
completion of expert work.
For certification as a state forensic expert at the Main Forensic Center of the Ministry of
Internal Affairs of the Republic of Uzbekistan, an Expert Qualification Commission was
created.
The Commission resolves issues:
—
certification as a state forensic expert with the award of the right to independently
produce a specific type of expert specialty;
—
deprivation of the qualifications of a state forensic expert with the cancellation of the
issued certificate of attestation as a state forensic expert (certificate), in the event of gross
violations by him of the procedure for the production of forensic examinations determined by
the head of the expert institution.
In accordance with the Article 11 of the Law of the Republic o
f Uzbekistan “On forensic
examination”, a state forensic expert can be a citizen of the Republic of Uzbekistan, with a
higher, and in exceptional cases
–
a secondary specialized, vocational education, trained in a
specific forensic expert specialty and passed certification.
It should be emphasized that T.V. Averyanova notes the need for a forensic expert to
possess not only special knowledge, but also knowledge of the criminal procedural
foundations. Especially during the period of permanent changes in the criminal procedure [11,
p. 3-9].
We fully support this opinion, since forensic examination is regulated by the norms of
procedural legislation (terms, grounds, procedure for appointment, etc.). The forensic expert
must have knowledge of criminal procedures, be aware of criminal liability, etc.
According to A.I. Usov, international cooperation of leading forensic institutions and the
potential of leading national and Eurasian universities will serve as the beginning of long-term
and fruitful cooperation on the issues of modernization of professional training of forensic
experts and formation of a system of continuous forensic education that is in great demand in
the Eurasian Economic Union, its harmonization with the best international practice,
innovative, scientific and educational technologies integrated into the quality management
system of modern forensic laboratories. It is precisely in the modernization of forensic
education that A.I. Usov sees a strategic solution to the problem of improving forensic support
of legal proceedings and the rule of law in the EAEU member states [12, p. 20-25].
The advanced experience of Volgograd Academy of the Ministry of Internal Affairs of
the Russian Federation, the East Siberian Institute of the Ministry of Internal Affairs of Russia,
the Faculty of Law of Lobachevsky University, the Academy of the Ministry of Internal Affairs
of the Republic of Belarus and many other education institutions shows the need for
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introducing new approaches in training specialists in the dir
ection of “Forensic expertise
activity” [13].
Analysis of foreign experience suggests that it is promising to create a separate Faculty
for training forensic experts on the basis of the Academy of the Ministry of Internal Affairs of
the Republic of Uzbekistan.
It is advisable to organize at the Faculty of forensic centers for identification of
personality, thanks to which cadets in the learning process will be able to use the theoretical
knowledge gained and practice practical skills in working with fingerprint and habitoscopic
training databases, which at this time have the highest efficiency.
Further training of all state forensic experts, including internal affairs bodies, is carried
out in accordance with the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan
No. 206 “On further improving the activities of the Republican Center for Forensic Expertise
named after Kh. Suleymanova under the Ministry of Justice of the Republic of Uzbekistan, as
well as organizing a system of improving the qu
alifications of forensic experts” of April 13,
2017 [14].
This Resolution provides for the improvement of legal and professional knowledge of
all state forensic experts, regardless of departmental affiliation, every two years. All state
forensic experts improve their legal knowledge exclusively at the Training Center for
Advanced Training of Forensic Experts of the Republican Center for Forensic Expertise named
after Kh. Suleymanova under the Ministry of Justice of the Republic of Uzbekistan on a
reimbursable basis.
Forensic experts who have not undergone advanced training or legal knowledge are
prohibited from engaging in forensic activities. This advanced training and legal knowledge is
provided upon the expiration of two years of work experience for forensic experts as an
expert.
Resolution of the President of the Republic of Uzbekistan No. RP-
3216 “On measures
for radically improving the system of training, retraining and advanced training of employees
of internal affairs bodies” of August 16, 2017 [
15], Resolution of the Cabinet of Ministers of the
Republic of Uzbekistan No. 1052 “On measures for organizing the activities of the Institute of
advanced training of the Ministry of Internal Affairs of the Republic of Uzbekistan” of
December 27, 2018 [16], as well as departmental orders of the Ministry of Internal Affairs of
the Republic of Uzbekistan determine the procedure for passing independent professional
training of experts in forensic expertise departments of the internal affairs bodies.
A mentor with the relevant experience and work experience is assigned to the new
forensic expertise departments employees, an individual plan is drawn up in accordance with
the training program in this area of forensic examination. The mentor provides the trainee-
expert with methodological and practical assistance in mastering theoretical material,
acquiring practical work skills, provides comprehensive support and control over the
implementation of the individual training plan, introduces to the production of examinations
and research.
Upon completion of this training and successful passing of the qualification exam, the
trainees-experts receive the so-called admission
–
a qualification certificate for the right to
conduct examinations of this kind (type).
A.V. Kokin notes that the current system of state forensic organizations was formed in
accordance with the needs of the executive authorities and is focused on solving the problems
of individual departments, which absolutely does not contribute to the implementation of the
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principle of uniformity of expert practice. For a long time, expert services in different
ministries have been developing independently, practically in isolation from each other. Many
of them develop their own methodological support and independently train expert personnel.
As a result, expert practice does not have a unified approach to solving some expert problems,
and expert research methods of the same objects are different in nature [17, p. 22-30].
In addition, E.I. Galyashina believes that the actualization in modern conditions of the
competence-based approach to the professional training of forensic experts determines the
importance of unification and standardization of professional and qualification requirements
for a forensic expert [18, p. 29-33].
Today, the achievements of IT technologies are being intensively introduced into
forensic activities. Specialized databases, automated workplaces of forensic experts are being
created, the “Electronic Criminal Case” project is being implemented, wh
ich allows to speed
up document circulation process, to ensure transparency and appropriate control over the
course of a criminal case investigation, and to receive forensic reports in electronic form, i.e.
completely digitize the entire process of legal proceedings.
Automation of expert production consists in the use of technical means, mathematical
methods and programs of activity, which partially or completely free the expert from direct
participation in the process of receiving, transforming, transferring and using information in
the production of expertise. In this regard, there is an urgent need for the implementation and
functioning of automated information systems in forensic activities, contributing to an
increase in the efficiency of search, collection, processing, storage, analysis, issuance and
transmission of information. [4, p. 12-15]
The above-mentioned necessitates the training of expert personnel who have not only
professional knowledge and practical skills, but also the ability to work with information
technologies, to ensure the security of information of limited access.
RESULTS AND ITS DISCUSSION
Summing up, it should be noted that the system of training, retraining and advanced
training of personnel of forensic expertise departments of the internal affairs bodies is one of
the most important factors that determine the results of forensic expert activities and,
accordingly, all justice, ensuring the rights and interests of citizens. The effectiveness of the
entire judicial and legal system depends on the degree of professional competence of forensic
experts. Within the framework of this article, it is not possible to consider all aspects of
training of forensic experts for the internal affairs bodies.
Based on the above-mentioned, in order to increase the efficiency of training specialists
for forensic expertise departments of the internal affairs bodies, we propose:
–
to organize a specialized Faculty for training forensic experts at the Academy of the
Ministry of Internal Affairs of the Republic of Uzbekistan, which would train specialists in all
traditional types of forensic examinations;
–
to ensure a systematic update of the advanced technical and forensic base at the
Faculty for training specialists for forensic expertise departments of the internal affairs
bodies;
–
to introduce standardization of forensic expertise, certification of expert specialty,
requirements for specialization, scientific and methodological approaches to similar forensic
examinations, regardless of departmental affiliation. The above-mentioned will significantly
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improve the quality and efficiency of the system of training, retraining and advanced training
of forensic experts;
–
in addition to studying academic disciplines in the specialty “Forensic expertise
activit
y”, it is necessary to provide for an in
-depth study of information systems, their
principles of working with large volumes of information files, as well as information security
requirements.
CONCLUSIONS
It should be noted that at the moment work is underway to address these aspects in
training in the direction of forensic examination. Issues of training, retraining and advanced
training of personnel for forensic departments cannot be resolved within one ministry or
agency, since there is a need for coordinated efforts, the adoption of common expert methods,
certification of specialties, improving legal knowledge, qualification requirements, etc.
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