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  • Title: [PROBLEMS OF USING FORENSIC MOLECULAR-GENETIC EXAMINATION IN CRIMINAL PROCEDURE OF UKRAINE].
    Author: Stepaniuk R, Shcherbakovskiy M, Kikinchuk V, Lapta S, Guseva V.
    Journal: Georgian Med News; 2019 May; (290):157-163. PubMed ID: 31322535.
    Abstract:
    The purpose of the study is to analyze the effectiveness of using the capabilities of a forensic molecular genetic examination to solve the problems of criminal proceeding in Ukraine. The authors analyze the regulatory acts governing criminal procedure and forensic activities in Ukraine in context of identifying legal problems of using molecular genetic expertise in criminal proceedings. 568 sentences handed down by the courts of Ukraine in 2014-2018 in criminal cases of homicides (250 sentences), robberies (250 sentences) and road traffic accidents (68 sentences), during the investigation of which specified examinations were appointed, as well as 123 conclusions of molecular genetic examinations conducted in 2018. A summary of studied materials in context of solving the problems of establishing DNA profiles by experts, the correctness and completeness of posed questions and the conclusions made by an expert, the value of the results obtained for the defendant to establish whether the defendant was guilty or not guilty, the reasons why the expert task was impossible are conducted. It is established that the effectiveness of the application of the results of molecular genetic expertise in the criminal proceedings of Ukraine can be improved providing that a number of legal, organizational, methodological and procedural problems are solved. the need for legislative regulation of the procedure for the selection of biological samples from various categories of persons and their inclusion in automated databases of DNA profiles; substantial replenishment of these bases; establishment international cooperation of domestic bases with foreign information systems are indicated. Unification is required on a uniform methodological basis and toolkit of a system of expert institutions for carrying out molecular genetic examinations, training of employees of investigative and operational-search units to work at the crime scene with traces of biological origin. Further development and improvement of DNA analysis methods should include the development of new and improvement of existing methods of molecular genetic examination, especially in the study of mixed and micro-amounts of biological traces. It is necessary to develop criteria (standards) for assessing the coincidence of DNA profiles so that not only could experts determine the likelihood of such a coincidence, but also formulate conclusions about identity that are available to the court.
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