Regularities of criminalistics

The present stage of the development of criminalistics is characterized by an active formation of its general theory, defining the objective-subjective groundof research of this field of knowledge. The relevance of the problem that isbeing studied in the article is due to the necessity of elaboration the current scientific conception of the subject of criminalistics, distinguishing the range of regularity that isbeing studied. The purpose of the investigation is the analysis of modern scientific approaches to the understanding of regularities as constituent elements of the subject of criminalistics research. For achieving this goal, such general scientific and special research methods as dialectical, historical, formal-logical, systemic-structural, legal forecasting, systemic and semantic analysis were used. It is noted that the current state of criminalistics is characterized by the presence and co-existence of a number of concepts focused on the study of its subject, which include traditional-pragmatic, theoretical-evidential, informational-cognitive and forensic. It is established that the given concepts are a part of the general body of objectified knowledge about criminalistics, they complement each other and create real prerequisites for the prospective development of a single and integral methodological base. It is emphasized that the concept of defining the subject of criminalistics through the circle of regularities that are currently being studied is dominant in the theory of criminalistics. In view of the above, it is proposed to observe the subject of the criminalistics as a system of interrelated regularities of three levels: regularities of the crime mechanism; regularities of occurrence of information about the mechanism of crime and its representation in appropriate sources of information; regularities of reception, researching, qualifying and using information about the mechanism of the crime and its consequences in proving. It has been proven that the expansion of the object-subject field of criminalistics today is not expedient, and attempts to «blur» the subject of the criminalistics has no prospects and are false, that they generate unnecessary discussions and divert the attention of scientists from the intellectual implementation of the main goal and tasks of the criminalistics. It is concluded that criminalistics can be defined as a complete system of scientific knowledge that describes and explains the regularities of the crime mechanism, occurrence of information about it, as well as obtaining, researching, evaluating and using this information with the help of means, techniques, and methods developed on the basis of the analysis of the specified regularities and recommendations for the implementation of investigative and cognitive activities of authorized subjects regarding proving in criminal proceeding.

Doi: 10.31359/1993-0909-2023-30-1-227