Development of training programs for state forensic experts

UNION OF FINANCIAL AND ECONOMIC JUDICIAL EXPERTS

RUSSIAN STATE UNIVERSITY OF JUSTICE

invite for professional retraining according to the program

“JUDICIAL FINANCIAL AND ECONOMIC EXAMINATION”

As a result of training, the student receives theoretical and practical knowledge of conducting

financial and economic forensics.

Classes lead   faculty lecturers

Russian State University of Justice, practicing forensic experts.

students with higher professional education in the field of economics are invited,

finance, as well as appraisers and auditors with at least 3 years of experience.

Program Volume:   550 hours

Form of training: part-time, using e-learning,

online lectures on saturdays

Location:   Moscow city Novocheremushkinskaya, d. 69.

Cost of education: 65 000 rubles,

for members of the Union of FESe - 58,000 rubles

NDS is not appearing.

For admission, you must send:

1) A copy of the passport (p. 2.3 + registration).

2) A copy of the diploma of higher education (on the professional retraining of the appraiser, auditor, if any).

Program Manager:

Verkhozina - Rogich Alena Valerievna - Vice President, General Director of the Union of Financial and Economic Forensic Experts.

PREPARATION DIRECTION 030900 - JURISPRUDENCE

QUALIFICATION (DEGREE) - BACHELOR

Department of Criminal Procedure and Forensics

FORENSIC EXAMINATION

TRAINING AND METODOLOGY COMPLEX

Rostov-on-Don

Federal State Budgetary Educational Institution

higher professional education

“Russian Law Academy

Ministry of Justice of the Russian Federation ”

Rostov (Rostov-on-Don) Law Institute (branch)

I approve

Deputy Director of the RPA RPA of the Ministry of Justice of Russia,

Chairman of the Methodological Council of the RPA RPA Ministry of Justice of Russia

A.R. Sarukhanyan

FORENSIC EXAMINATION

TRAINING AND METODOLOGY COMPLEX

Sementsova I.A.., Associate Professor, Department of Criminal Law and Criminology, RPA Rostov Law Institute of the Ministry of Justice of Russia, Candidate of Law, Associate Professor.

Reviewers:

Derkunsky D.V., Associate Professor of the Department of Criminal Law Disciplines of the North Caucasus Humanitarian Institute, PhD in Law, Associate Professor;

Arzumanyan A.A., Associate Professor, Department of Criminal Procedure and Criminalistics, RPA Rostov Law Institute, Ministry of Justice of Russia, Ph.D.

The educational-methodical complex in the discipline “Judicial Expertise” has been prepared in accordance with the requirements of the Federal State Educational Standard of Higher Professional Education in the area of \u200b\u200btraining 030900 “Jurisprudence”.

Teaching materials are recommended for students of all forms of training at the RPA Rostov Law Institute of the RPA of the Ministry of Justice of Russia, they are called upon to assist them in training on the issues (tasks) of practical classes, as well as to systematize the knowledge gained for offset in the judicial discipline. Designed for students of the RPA Rostov Law Institute of the RPA of the Ministry of Justice of Russia, students in the field of study "Jurisprudence" (qualification (degree) "bachelor").

The educational-methodical complex was discussed and approved by the Department of Criminal Procedure and Criminology of the RPA Rostov Law Institute of the Ministry of Justice of Russia.

© RUI RPA Ministry of Justice of Russia, 2014.

Work program of the discipline

The work program of the discipline “Forensic Expertise” is a teaching tool that defines the requirements for the content and level of training of students, the management of their independent work, the types of studies and forms of control in this discipline.

The work program includes:

    target setting;

    educational and methodological support of the discipline;

    requirements for the results of mastering basic educational programs and forms of intermediate control.

Target setting

The target setting for teaching the discipline “Forensic Expertise” is built taking into account the tasks, content and forms of activity of a bachelor - a graduate of the RPA Rostov Law Institute of the Ministry of Justice of Russia.

The purpose of the training is to obtain a graduate with an education that allows him to acquire the necessary general cultural and professional competencies and successfully work in his chosen field of activity.

a) rule-making (participation in the preparation of regulatory legal acts);

b) law enforcement (justification and adoption of decisions within the scope of official duties, as well as the commission of actions related to the implementation of legal norms, preparation of legal documents);

c) law enforcement (ensuring law, order, security of the individual, society and the state; protection of public order; prevention, suppression, detection, disclosure and investigation of offenses; protection of private, state, municipal and other forms of ownership);

d) expert advice (legal advice; legal examination of documents);

e) pedagogical (teaching of legal disciplines; implementation of legal education).

Having studied the course of discipline "Forensic examination", students should learn:

    modern scientific foundations of forensic science;

    the process of expert research and its stages;

    the concept of special knowledge and the main forms of their use in legal proceedings; the distinctive side of their use both in procedural form, when the results of their application are of evidentiary value, and in non-procedural form;

    current status and areas of improvement of forensic examination as one of the main types of procedural use of special knowledge.

Students should have developed practical skills:

          consider theoretical, procedural and organizational issues related to forensic issues;

          to pay serious attention to the features of the appointment and production of forensic examinations;

          correctly evaluate and use the obtained results in evidence when resolving criminal, civil and arbitration cases;

          taking into account modern capabilities, determine issues to be resolved and present at the disposal of the expert objects and materials that are necessary for conducting a forensic examination.

The teaching of the discipline is based on the training of students in the disciplines of "Forensics", "Criminal Law", "Criminal Procedure Law".

Sustained knowledge of the basic disciplines "Theory of State and Law", "Criminal Law", "Criminal Procedure", "Forensics" is assumed.

Close coordination with the Criminal Procedure disciplines is required; "Forensics."

Discipline is studied in the fourth, fifth, sixth or seventh academic semester (depending on the form of study) (in the fourth or fifth - for students enrolled in STR) and performs basic functions for the disciplines of “Forensic Psychology”; Forensic Psychiatry; "Forensic Medicine".

The study of discipline ends with students passing the test for the entire training course.

The development of training programs for state forensic experts is an important stage in the development of forensics in Russia

The rapid growth of the needs of our society in the use of special knowledge in science, technology, art or craft, both within the framework of legal proceedings and outside this framework, allows us to consider today forensic science as an independent institution of protecting the rights and freedoms of citizens and interests of the state through the production of scientifically based examinations and expert research. We can confidently talk about the relevance of optimizing the modern model of forensic science activity primarily in terms of improving all types of support and determining criteria for assessing its quality. The main organizational areas for ensuring the quality of forensic examination, which today require theoretical and practical development, are: accreditation of forensic institutions; standardization of methodological support (methods and techniques); certification of expert tools (equipment and supplies); improving the system of training and advanced training of employees of state forensic institutions (SEU). The most important component of the training system is the certification of forensic experts. One of the priority tasks of the Federal Law of May 31, 2001 No. 73-F3 “On State Forensic Science Activities in the Russian Federation” (hereinafter referred to as F3) is the regulation of the organizational aspect of the activities of established and proven practice of systems of state-level SEUs for the production of forensic examinations. So, one of the distinguishing features of these systems is the certification of their employees as state forensic experts with the provision of the right to independently conduct forensic examinations. Article 12 “State forensic expert” and article 13 “Professional and qualification requirements for an expert” are the rules governing the application of the category “certification of an expert” in state forensic science activity. Collection of laws of the Russian Federation. 2001. No. 23. Art. 2291 .. The Ministry of Justice of Russia was one of the first to start the practical implementation of the requirements of F3, ensuring the implementation of these standards by the adoption of a number of departmental regulatory acts. Certification of experts of state forensic institutions of the Ministry of Justice of Russia is a necessary organizational measure to ensure the management of the professional training of experts, allowing from the standpoint of a single scientific and methodological approach to ensure the reliability and validity of the results, the completeness and objectivity of expert research. Two types of certification are known to the practice of SEUs, which should not replace each other: qualification and certification for compliance with the position held. At the same time, certification of compliance with the position held is not carried out by all experts of state SEUs, but only by state servants or military personnel (experts of SEU of the Ministry of Justice of Russia do not apply to such). The essence, tasks and basic principles of qualification certification of state judicial experts are significantly different from official certification, regulated by the Federal Law “On the Basics of the Civil Service of the Russian Federation” and other regulatory legal acts. An analysis of the practical activities of state-run SEUs revealed certain problems in introducing these standards into the existing certification procedure, including their actions at the interdepartmental level, for example, when coordinating qualification requirements. A special case that did not receive permission in the legislation was the consideration of issues of re-certification (offsetting of certification) of experts moving to work from one ministry (department) to another. We emphasize once again that the qualification certification of an expert is an interdepartmental organizational procedure for granting an expert and (or) extending the right to independently conduct a forensic examination (or depriving him) of a specific type or expert specialty on the basis of a comprehensive check of the level of professional training of an SEU employee. At the same time, F3 establishes uniform requirements for the terms of qualification certification: the right to independently conduct a forensic examination is granted to an expert for a period of 5 years; every 5 years, the expert qualification commission (ECC) should consider the issue of its extension. In addition, in the light of the requirements of F3, a certificate issued to an expert with the right to independently conduct a forensic examination is a departmental document issued for a period of 5 years and expires upon expiration of the specified period, as well as upon dismissal of an employee from the SEU system or units of the corresponding federal body executive power. At the same time, the procedure for offsetting certificates (results of qualification appraisals) issued by various federal executive bodies remains unsettled. Therefore, so far the only way for the above offsets is to pass the required qualification certification by a newly arrived employee in a specific expert specialty and obtain a certificate for the right to independently conduct an examination of the approved sample of the federal executive body where the employee was hired. In the SEU of the Ministry of Justice of Russia, certification of experts for the right to independently conduct examinations in specific expert specialties is carried out by the Central Expert Qualification Commission (CECC), created at the RFSCE under the Ministry of Justice of Russia, and zonal ECCs created in regional centers of judicial examination of the Ministry of Justice of Russia. In their activities, these commissions are guided by the Regulation on the certification of employees for the right to independently conduct forensic examinations in the SEU of the Ministry of Justice of Russia, approved by Order of the Ministry of Justice of Russia No. 20 of 01/23/2002. A distinctive feature of this Regulation, in comparison with the regulatory document that preceded it, is the absence of a norm regarding certification of experts from other ministries and departments. In addition, certification in the Ministry of Justice of Russia is carried out on specific expert specialties, and not on the type (type) of forensic examinations, as is the practice in almost all state SEUs of other federal executive bodies. Order of the Ministry of Justice of Russia dated January 23, 2002 No. 20 “On approval of the Regulation on certification of employees for the right to independently conduct forensic examinations in forensic institutions of the Ministry of Justice of the Russian Federation ".. By Order of the Ministry of Justice of Russia No. 114 of May 14, 2003" On approval of the List in (s) of examinations performed in the state of EMS Russian Ministry of Justice and the List of expert specialties, which granted the right to self-manufacture of judicial examination in the state of EMS Russian Ministry of Justice "was clarified and expanded the list of expert specialties. New expert specialties appeared, such as: “Investigation of video images, conditions, tools, materials and traces of video recordings”; "Study of human psychology and psychophysiology"; "The study of computer information technology"; “Study of vehicles, including for the purpose of assessing them”, etc. Professional training of experts of the SEU of the Ministry of Justice of Russia is carried out in accordance with the Regulation on the organization of training of personnel of the SEU of the system of the Ministry of Justice of Russia, according to which its main types are determined: preparation for obtaining the right to do it yourself examinations in a specific expert specialty under the guidance of a mentor for six to twelve months according to an individual plan and an approved expert training program; training; internships; participation in scientific workshops and schools; postgraduate studies; self preparation. As follows from the above list of types of training for experts in the SEMS, the key and basic element is the expert training program. In connection with the emergence of new expert specialties according to the order of the Ministry of Justice of Russia No. 114, as well as with the need for a significant update of the previously existing expert training programs at the RFSCE under the Ministry of Justice of Russia, a lot of work was done to develop a new set of expert training programs for the entire list of expert specialties (48 specialties in total ) taking into account the latest theoretical and practical achievements of forensic examination. Moreover, all types of forensic examination in accordance with the said order are provided in terms of species separation with a whole set of expert specialties; for example, there are 8 of them at KEMVI, 4 in auto-technical expertise, 3 in commodity expertise, etc. Noteworthy is the complex of expert specialties in instrumental research methods in forensic examination (5 specialties), because this expert area exists in an independent form only in the Ministry of Justice of Russia; Order of the Ministry of Justice of Russia dated May 14, 2003 No. 114 “On approval of the List of genera (types) of examinations carried out at the SSEU of the Ministry of Justice of Russia and the List of expert specialties for which the right to independently conduct forensic examinations is granted in state SEUs of the Ministry of Justice of Russia ”.. One of the advantages of the new programs is their unification in structure and content. The expert training program includes a list of training topics and questions distributed in the relevant sections, methodological recommendations and a list of recommended literature indicated in alphabetical order by the general list, as well as the duration of the expert training. The program consists of general and special disciplines. In this case, the program for the study of special disciplines is compiled taking into account the need for experts to master the fundamentals of a specific type (type) of forensic examination, methods of conducting forensic examinations in the relevant specialty and questions of preventive activity of the forensic expert. In general, the program is a fairly voluminous document, for example, in the program “Research on technological, technical, organizational and other causes, conditions of occurrence, nature of the course of the fire and its consequences”, the program contains more than 40 pages. An independent study of the course also provides for the development of the general disciplines "Fundamentals of Forensic Science" and "Fundamentals of Forensic Science" according to the programs common to all expert specialties. The minimum content of the program necessarily includes the following sections: I. General part (1. Theoretical and methodological foundations of a specific type (type) of forensic examination. 2. Basics of the appointment and production of a specific kind (type) of forensic examination); II. Special part (1. Fundamentals of basic science. 2. Techniques used in the production of examinations in a specific expert specialty); III. Guidelines for the development of the topics of a typical program; IV. Literature. All training programs for experts of the Ministry of Justice of the SEU underwent external peer review, substantive discussion at the scientific and methodological councils operating in the RFSCE for each kind of examination, and submitted to the Ministry of Justice of Russia for approval in the prescribed manner. We believe that the developed set of training programs for experts of the Ministry of Justice of Russia can be taken as a basis for certification of experts of other executive bodies (with the exception of the Ministry of Health and the Ministry of Defense of Russia). Certifications by expert qualification commissions in the specialties methodically provided by unified expert training programs will allow solving problems of interdepartmental offsetting of certificates (certification results) and create real prerequisites for the methodological integration of forensic examination at a new round of its development. One of the striking examples confirming this is the results of a school-seminar on computer-technical expertise conducted in April 2003 on the basis of the Saratov Institute of Internal Affairs of the Ministry of Internal Affairs of Russia. Students of this school from 14 SEUs of the Ministry of Justice of Russia, studying for 20 days according to the program originally developed by the SUI of the Ministry of Internal Affairs of Russia, were successfully certified in the study of information computer tools by the results of passing the CEKK examinations at the RFSCE under the Ministry of Justice of Russia. Moreover, the CEKK section was formed on an interdepartmental basis from representatives of both the Ministry of Justice of Russia and the Ministry of Internal Affairs of Russia. Author: T. P. Moskvina - Head of the Department of Expert Institutions of the Ministry of Justice of Russia, State Counselor of Justice, Grade 2, Ph.D., Associate Professor.

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