INSTITUTIONAL PRINCIPLES OF THE FORMATION OF FORENSIC ACTIVITIES SYSTEM IN UKRAINE

Abstract

The article provides a solution to a topical scientific problem in reforming the public administration of the forensic examination system in Ukraine under martial law and European integration. Scientific and applied approaches that ensure the results' practical use are elaborated. The institutional foundations of forensic activities are analyzed, and the existing problems in this direction are raised. It is noted that a new sphere of professional activity has been formed in Ukraine now, namely the activity of forensic experts. This fact is confirmed by the existing normative legal framework, the development of knowledge about analytical support, and the development of expert institutions of both public, communal, and private forms of ownership. Taking into account the modern national processes of judicial reform (where within the right to a fair trial, the guarantee of the creation of an institution of independent forensic expertise is considered), it is necessary to pay attention to the formation of a separate direction of state policy, which involves reforming the institutional system of forensic activities. Nowadays, the Verkhovna Rada of Ukraine has several legislative drafts that provide for a comprehensive reform of the system of judicial and law enforcement bodies. Therefore, it is essential to consider the changes taking place in the work of judicial experts in the legislative plane and to ensure the development of forensic activities. In the context of public administration, the institutional sphere of forensic examinations must fully comply with international standards and be carried out within the framework of the declared judicial reform. After all, the conclusions of a court expert are a separate procedural source of evidence. They form the basis of public prosecution, defense by a lawyer in a court proceeding, adoption of a court decision, and compensation for damages. Moreover, they can be used by international human rights organizations and serve as a source of evidence in international judicial institutions. Unfortunately, the legislative and organizational support of the Institute of National Forensic Expertise does not always fully allow to use of all the potential possibilities of using this means of proof, especially applies to the use of scientific and technical achievements. Public administration issues that require state regulation, in accordance with new needs, include the following: harmonization of Ukrainian legislation in the field of forensic activities with the norms of the European Union; improvement of mechanisms for the protection of the rights of examination subjects; revision of the procedure for using results, the adaptation of national accounting standards and maintenance of expertise databases; improvement of the institutional management system, etc.