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Ministry of Justice of Ukraine

December 9, 2013

No. 2086/24618

ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

of November 18, 2013 No. 1109

About approval of the Instruction about procedure for conducting judicial examinations and expert researches of documents by the Main expert and criminalistic center of the State Border Service of Ukraine

(as amended of the Order of the Ministry of Internal Affairs of Ukraine of 11.09.2023 No. 753)

According to article 8 of the Law of Ukraine "About judicial examination", Item 17 part one of article 20 of the Law of Ukraine "About the State Border Service of Ukraine", Items 9, 11 Regulations on the Ministry of Internal Affairs of Ukraine, No. approved by the Presidential decree of Ukraine of April 6, 2011 383, for the purpose of reduction of regulatory legal acts of Administration of the State Border Service of Ukraine in compliance with the Criminal Procedure Code of Ukraine order:

1. Approve the Instruction about procedure for conducting judicial examinations and expert researches of documents by the Main expert and criminalistic center of the State Border Service of Ukraine which is applied.

3. To management of interaction with the central executive bodies and bodies of the military of the Department of MIA of Ukraine (the Cherkassk R. A.) submit this order on state registration to the Ministry of Justice of Ukraine in accordance with the established procedure.

4. I reserve control of execution of this order.

5. This order becomes effective from the date of its official publication.

Minister general of internal service of Ukraine

V.Yu.Zakharchenko

It is approved:

Chairman State

border service of Ukraine

 

 

N. M. Litvin

Approved by the Order of the Ministry of Internal Affairs of Ukraine of November 18, 2013 No. 1109

The instruction about procedure for conducting judicial examinations and expert researches of documents by the Main expert and criminalistic center of the State Border Service of Ukraine

I. General provisions

1.1. This Instruction is developed according to the Laws of Ukraine "About the State Border Service of Ukraine" and "About judicial examination".

1.2. Judicial examinations and expert researches (further - examinations and researches) documents which according to the legislation are used when crossing frontier of Ukraine (further - documents) are carried out by court experts (further - the expert) the Main expert and criminalistic center of the State Border Service of Ukraine which have the higher education in the corresponding knowledge domain, educational and qualification level is not lower than the specialist, had the corresponding training, are certified and received qualification of the court expert on certain expert specialty and are entered in the state Register of the certified court experts.

1.3. The main expert and criminalistic center of the State Border Service of Ukraine (further - the Main center) carries out such types of examinations and researches of documents:

portrait in the "Identification of Person on Appearance Signs according to Material Images" direction;

pocherkovedchesky in the "Research of Handwriting and Signatures" direction;

communication in the "Research of Communication Systems (Equipment) and Means" direction;

technical expertize of documents in the directions "Research of Details of Documents", "Research of Materials of Documents", "Research of Printing Forms and Other Means of Production of Documents";

trasological in the direction "Dactyloscopic researches.

According to the current legislation of Ukraine primary, additional, repeated, commission and complex examinations can be carried out.

Examination when object is researched for the first time is primary.

Examination is additional if for the solution of questions on object which was researched during conducting primary examination it is necessary to conduct additional researches or to research additional materials (samples for comparative research, basic data, etc.) which are not provided to the expert when conducting primary examination.

Examination during which conducting the same objects are researched is repeated and the same issues are resolved, as when carrying out primary (previous) examination (examinations).

Expertize which is carried out by two or large number of the experts having qualification of the court expert on one expert specialization is commission (specialists in one knowledge domain). The commission of experts can be formed by body (person) which (which) appointed examination (involved the expert), or the chief of the Main center.

Expertize which is carried out using special knowledge of different fields of science, the equipment or other special knowledge (the different directions within one knowledge domain) for the solution of one general (integration) task (question) is complex. In case of need are involved in conducting such examinations both experts of expert organizations, and specialists of organizations and services (divisions) of other central executive bodies or other specialists who do not work in the public specialized expert institutions.

1.4. The basis for conducting examination according to the current legislation is the procedural document (the resolution, determination) on purpose of examination constituted by person (body) authorized on that or the written address of the victim or the party of protection of criminal proceedings (further - the document on purpose of examination (involvement of the expert) in which details, the list of the questions raised to the expert and also the objects which are subject to research are surely specified.

The basis for carrying out expert research according to the current legislation is the written application (letter) of legal entity or physical person with obligatory specifying of its details, with the list of the questions which are subject to the decision and also objects of services.

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