The system of subjects of forensic expert activity in Ukraine: current state and problems of its formation

Abstract

The article examines the current state of the Ukrainian system of subjects of forensic expert activity and highlights certain problems related to its functioning. The provisions of the Law of Ukraine “On Forensic Examination” concerning the system of subjects of forensic expert activity are analyzed. It is demonstrated that forensic, forensic medical, and forensic psychiatric examinations may be conducted exclusively by specialized state forensic institutions of the Ministry of Internal Affairs of Ukraine, the Ministry of Justice of Ukraine, the Ministry of Defense of Ukraine, the Ministry of Health of Ukraine, the Security Service of Ukraine, and the State Border Guard Service of Ukraine. These subjects, together with experts who are not employees of specialized state institutions, are also authorized to conduct all other types of forensic examinations. The structure and principal tasks of the expert services of the Ministry of Internal Affairs of Ukraine, the Security Service of Ukraine, and the State Border Guard Service of Ukraine, as well as the forensic science institutes of the Ministry of Justice of Ukraine, are examined in detail. Attention is also drawn to the ongoing reform of forensic institutions subordinated to the Ministry of Health of Ukraine. It is noted that the forensic expert powers previously vested in the Ministry of Defense of Ukraine have been transferred to civilian institutions. The article also presents proposals put forward by representatives of Ukraine’s anti-corruption law enforcement bodies regarding the establishment of a specialized forensic institution within the structure of the National Anti-Corruption Bureau of Ukraine. Furthermore, the system of forensic institutions and independent experts who do not belong to the category of state specialized institutions is demonstrated. Emphasis is placed on the principal problems associated with the formation and functioning of the system of forensic institutions in Ukraine. Among these, particular attention is drawn to the absence of a single center responsible for the development and implementation of state policy in this field, the lack of coherent legislative regulation, the subordination of forensic institutions to different governmental agencies, and the potential for conflicts of interest arising from the institutional subordination of both the ordering bodies and the providers of forensic examinations within the same authority, among other issues.