REGULATORY AND LEGAL REGULATION OF FORENSIC EXPERT ACTIVITIES IN UKRAINE DURING WARTIME

Abstract

This article delves into the legislative initiatives aimed at bolstering forensic expertise activities amidst wartime conditions. The study scrutinizes the current state of regulatory framework governing forensic expertise in Ukraine, with a particular focus on pivotal legislative acts such as the Law of Ukraine "On Forensic Expertise", procedural codes, and subordinate legislation.

A significant portion of the analysis is devoted to the draft Law of Ukraine "On Forensic Expertise Activities" No. 6284 dated 05.11.2021, submitted by the Cabinet of Ministers of Ukraine. The paper examines the key innovations proposed in this draft, including the expansion of forensic expertise types, systematization of norms, establishment of deadlines for conducting examinations, modifications to the expert certification procedure, and regulation of self-governance for private forensic experts. It is noted that the draft law incorporates contemporary trends and international best practices in the field of forensic science.

Furthermore, the article provides a comparative analysis of alternative draft laws No. 6284-1, No. 6284-2, and No. 6284-3, juxtaposing their key provisions and approaches to regulating forensic expertise activities. The study concludes that draft No. 6284 presents the most comprehensive and balanced approach to reforming the sector.

The paper identifies the unprecedented challenges faced by the forensic expertise system under martial law conditions. It highlights how active hostilities and occupation of parts of Ukrainian territory have created extraordinary obstacles for the functioning of forensic institutions and experts’ activities. Key issues include the impossibility of satisfying experts’ requests due to document destruction and infrastructure damage, equipment impairment, and the necessity to conduct examinations related to war crimes.

The study underscores that overcoming the challenges associated with martial law requires a comprehensive approach encompassing legislative changes, organizational measures, international cooperation, and the implementation of new technologies.