| Abstract [eng] |
The theory of the conception of form of the application of special knowledge is not already formed. As the form of application of the special knowledge we will consider the procedural realization of special knowledge as a particular process, running by the determinate order and finishing by the correspondent procedural act, which is the independent kind of the evidentiary information, while considering the special knowledge as the knowledge of the sphere of science, technology and any other sphere of human activity, which was gained due to education and special preparation or career, and is used to get the evidentiary or any other information, which is necessary for the investigation of criminal act. The rules of law, regulating the application of special knowledge, can be grouped into two groups: 1) the rules, which set the status of the subjects directly applying the special knowledge in the penal procedure; and 2) the rules, which regulate the very process of the application of special knowledge. The procedural status of the subjects directly applying the special knowledge is determinated by the requirements, functions, rights, duties, prohibitions raised to the subjects, the responsibility of guarantee of their independence. The process of the application of special knowledge is determinated by the requirements raised to the appointment of the subjects, the performing of investigation, the execution of the got conclusion, furthermore, the opportunity to use the given conclusion. Considering these aspects the relation of the forms of the application of special knowledge is analysed. In this work the regulation of the forms of the application of the special knowledge from the year 1918 is viewed. |
