PROBLEMS OF THE ORGANIZATION OF THE APPOINTMENT OF FORENSIC EXAMINATIONS IN THE INVESTIGATION OF CRIMES IN THE SPHERE OF LAND RELATIONS

Abstract

The article examines the peculiarities of the organization of the appointment of forensic experts during the investigation of crimes in the field of land relations. It was determined that these features are determined primarily by the specifics of the subject of criminal encroachment, which includes land plots, soil cover (surface layer) of lands, regulatory documents of state authorities and local self-government bodies, land title documents, land management documentation, land assessment documentation, and also unfair advantage. It is substantiated that one of the most important types of expert research carried out during the investigation of crimes in the field of land relations are landtechnical and evaluation-land expertise, however, other types of forensic expertise can also be used, for example, expertise on land management and environmental expertise. As for the investigation of crimes in the field of land relations, the subject of which is illegal profit, the following types of expertise are most often assigned in criminal proceedings of this category: materials, substances and products (expertise of special chemicals); video and sound recording; identification dactyloscopic and examination of biological secretions of a person, which allow to identify the person who touched objects of illegal profit or objects of their packaging or had them with him. It has been established that the question of determining the amount of damage caused by an illegal act with the help of expert research may arise in a number of cases, in particular: the calculation of the amount of damage for a number of reasons was not carried out at all by the bodies of the State Environmental Inspection or the State Geocadastre; calculations carried out by the bodies of the State Geoinspection or the State Geocadaster cause the investigation to have reasonable doubts about their reliability; the legality of the checks carried out by the bodies of the State Ecoinspection or the State Geocadastre and/or the validity of the calculations is challenged in the prescribed manner by parties to criminal proceedings or by other persons, including in the procedure of administrative proceedings.