Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
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Esta publicación cientíca en formato digital es continuidad de la revista impresa
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Vol.39 N° 69
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Diciembre
2021
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ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
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Vol. 39, Nº 69 (Julio - Diciembre) 2021, 564-580
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Systemic approach to the choice of
optical methods of forensic examination of
micro-objects
DOI: https://doi.org/10.46398/cuestpol.3969.35
Havryliuk Liudmyla *
Drozd Valentyna **
Nenia Olena ***
Kyslyi Anatolii ****
Niebytov Andrii *****
Abstract
The aim of the article is to analyze theoretical and
methodological provisions related to the denition of directions
and principles of implementation of a systematic approach to
the use of optical research methods, in particular micro-objects.
Subject of research is substantiation and formulation of the
classication characteristics of such systematic approach, considering
the requirements of forensic techniques. Methodology: The study applies
such methods of scientic knowledge as dialectical method, system and
structural method, logic and legal method, methods of systematic analysis,
logical method. Research results: The article studies the problematic issues
of a systematic approach to the choice of scientic and technical methods
and means for micro-object examination. Practical consequences: The
authors argue that optical methods of the micro-object examination require
classifying and systematizing to provide a holistic view of their potentials,
as well as the nature of the information that can be obtained about the
object being examined. Value / originality: The analysis of claried
classication characteristics and requirements for examination methods in
* Senior Researcher of Research Laboratory of Problems of Legal and Organizational Support of the
Ministry Activities of State Research Institute of the MIA of Ukraine, Candidate of Legal Sciences, Kyiv,
Ukraine. ORCID ID: https://orcid.org/0000-0002-9441-4073. Email: luda.gavriljuk@gmail.com
** Head of the 3rd Research Department of Research Laboratory of Problems of Legal and Organizational
Support of the Ministry Activities of State Research Institute of the MIA of Ukraine, Doctor of Law,
Professor, Kyiv, Ukraine. ORCID ID: https://orcid.org/0000-0002-7687-7138. Email: valusha.
drozd@gmail.com
*** Head the Department, State Research Institute of the MIA of Ukraine, Candidate of Legal Sciences,
Kyiv, Ukraine. ORCID ID: https://orcid.org/0000-0001-9721-5718. Email: nenya2012@ukr.net
**** Doctor of Law, Professor, Director of the Educational and Scientic Law Institute named after the
Prince Vladimir the Great of Interregional Academy of Personnel Management, Ukraine. ORCID ID:
https://orcid.org/0000-0002-4152-9539. Email: iapm@iapm.edu.ua
***** Doctor of Law, Associate Professor, Head of the Main Department of the National Police in the Kiev
region, Ukraine. ORCID ID: https://orcid.org/0000-0002-8493-3064. Еmail: obl_kyiv@kv.npu.gov.ua
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forensic science enables to propose the algorithm of the systemic approach
to the creation of the open system classication of methods of micro-object
examination and to make justied conclusions.
Keywords: criminal proceeding; micro-objects; criminological
examinations; forensic examination; optical methods.
Un enfoque sistemático para la elección de métodos
ópticos. investigación forense de microobjetos
Resumen
El objetivo del artículo es analizar las disposiciones teóricas y
metodológicas relacionadas con la denición de direcciones y principios
de implementación de un enfoque sistemático para el uso de métodos de
investigación óptica, en particular micro objetos. El estudio aplica métodos
de conocimiento cientíco tales como método dialéctico, método de sistema
y estructural, método lógico y legal, métodos de análisis sistemático, método
lógico. El artículo estudia las cuestiones problemáticas de un enfoque
sistemático de la elección de métodos y medios cientícos y técnicos para el
examen de micro objetos. Los autores argumentan que los métodos ópticos
del examen de micro objetos requieren una clasicación y sistematización
con el n de proporcionar una visión holística de sus potenciales, así como
de la naturaleza de la información que se puede obtener sobre el objeto
examinado. Se concluye que el análisis de las características de clasicación
aclaradas y los requisitos para los métodos de examen en la ciencia forense
permite proponer el algoritmo del enfoque sistémico para la creación de la
clasicación de sistema abierto de métodos de examen de micro objetos y
sacar conclusiones justicadas.
Palabras clave: proceso penal; micro objetos; exámenes criminológicos;
examen forense; métodos ópticos.
Introduction
Ukraine is on the path of signicant changes at the current stage of its
development: the structure of economic relations is changing, new subjects
of property and political activity are being formed, basic values, living
arrangements are being transformed, the way of life and traditions are
changing (Kyslyi et al., 2020). Therefore, the knowledge of criminals, for
example how to conceal the traces of the crime, requires more up-to-date
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Havryliuk Liudmyla, Drozd Valentyna, Nenia Olena, Kyslyi Anatolii y Andrii Niebytov
Systemic approach to the choice of optical methods of forensic examination of micro-objects
approaches and techniques to obtain tracing and evidentiary information.
Therefore, it is increasingly important to use micro-objects to obtain
forensic information that, because of their size, is dicult to destroy, falsify,
to prevent their formation and remain at the scene of a criminal oence.
The main factor in improving the eciency and eectiveness of the work
with micro-objects, as well as the objectivity of the results obtained, is the
knowledge of criminologists, in particular forensic examiners, regarding
the existing examination methods, their potentials, as well as making the
right choice of examination method.
The advance of science and technology constantly increases the
possibilities of micro-object examination, thanks to the occurrence and
introduction of new means and methods, in particular optical, which
in comparison with other physical and chemical techniques have the
advantage of non-destructive eect of optical radiation on the object being
examined, highly informative and accurate.
The task of choosing a method of examination from the diversity of
existing and new ones is quite complex, even based on the experience, logic,
knowledge, and intuition of examiners, and it requires a scientic system
approach.
The analysis of scientic sources suggests that the issue of the
classication and systematization of methods of optical examination,
of micro-objects, is not well studied. Some scientists, including forensic
scientists, have identied specic groups of examination methods related
to specic tasks and research areas.
The relevance of the topic under study is the need to dene a criterion
(classication characteristic) and a systematic mechanism for the
establishment of an open system classication of existing optical methods
for micro-object examination, which will ensure greater eectiveness of
examiner’s performance.
Thus, the aim of the article is the study of the areas and principles of
implementing a systematic approach to the application of optical methods
of examination, of micro-objects, with a view to extending the potentials of
expert examinations, increasing their eciency and objectivity.
1. Methodology
The methodological basis of this study is the system of general and
special methods of scientic knowledge. The application of these methods
is due to a systemic approach, which has enabled the study of the issues
involved.
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The dialectic method enables to analyses the optical methods of micro-
object examination in a comprehensive manner, which objectively meets
the requirements of examiner’s performance and a comprehensive and
impartial investigation of the circumstances of criminal proceedings. The
systematic and structural method enables to consider optical methods of
examination, of micro-objects, as a structured link in the system of sources
of evidentiary information, to analyses their potentials and to propose their
systematization. The logical and legal method enables to determine the
place and role of micro-objects in criminal proceedings, in the system of
evidence. The method of the systematic legal provision analysis is applied
to analyze the legal provisions governing the use of specialized knowledge
and technical means (including optical means) in criminal proceedings
based on evidence and the needs of practice. The logical method of scientic
knowledge is a basis for determining criteria for the choice of micro-object
examination optical methods and their classication mechanism.
2. Literature Review
The use of micro-objects to solve the problems of criminal proceedings,
which constitute evidence, is under focus by Klymenko (2008) (with
regard to the use of micro-objects in the investigation of criminal oences);
Kyrychenko (1994) (with regard to the fundamentals of forensic micrology);
Saltevskyi (1980) (with regard to micro-objects and scent traces as sources
of information in criminal proceedings), as well as the authors’ team
Korostashova et al., (2012) (with regard to the theoretical and practical
basis of the use of micro-objects for criminal proceedings).
The use of scientic and technical methods for the investigation of
physical evidence, including optical methods, as well as the legal basis and
admissibility of their use, is under study in the works by Honcharenko
(2011) (with regard to the requirements of forensic methods); Lisichenko
(1979) (with regard to the use of methods of natural and technical sciences
in crime investigation and forensics); Nenia (2010) (with regard to the legal
and regulatory framework for the use of scientic and technological means
and methods in forensic science).
The classication of examination methods, those based on the laws
of optics, has been under focus of physicists, chemists, biologists, etc.,
and forensic scientists. To some extent, systematization of scientic and
technical methods for the use in certain areas of forensic examination or in
criminal proceedings have been made by scholars and practitioners such
as: Davydova (2008) (with regard to the use of optical methods in forensic
examination of materials, substances and items); Saltevskyi (1980) (with
regard to the collection of forensic information by technical means during
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Havryliuk Liudmyla, Drozd Valentyna, Nenia Olena, Kyslyi Anatolii y Andrii Niebytov
Systemic approach to the choice of optical methods of forensic examination of micro-objects
pre-trial investigations); Skrypko (2012) (with regard to micro-object
examination of brous nature by means of polarization microscopy).
Prystupa and Zhuk (2005) have studied the issue of examination of soil
elemental composition by methods of spectral analysis, including X-ray
uorescence analysis. Linch and Prahlow (2008) have investigated the use
of optical methods for micro-object examination. Clarke and Eberhardt
(2002) have provided an overview of and practical guide to the various
computer-aided microscopical techniques used in materials science. The
work by Lacey (1999) begins with the explanation of the basic techniques
and goes on to describe current methods in chromosome microscopy,
immunohistochemistry, uorescence microscopy, image building and
video microscopy.
The relevance of the topic under study is in the development of the issues
of creating an open system classication of optical methods, forensic one,
since micro-object examination has been out of the focus of scientists. This
is due to several factors, rst, the group of optical methods is numerous and
with the development of science constantly increasing; second, the potentials
and areas of the use of optical methods of examination are also wide and
are considered in many technical, natural sciences and criminology; third,
there is a lack of appropriate classication mechanism to be determined by
criteria for optical methods of examination can be classied.
3. Results and Discussion
Any investigation, any evidence ndings are based primarily on the
investigation of the trace evidence of the crime.
The modern awareness of criminals of the potentials of traditional types
of forensic examinations, such as identication of a person by ngerprints,
rearms by traces on bullets and cartridges, an executor of a written text
by handwriting, as well as the achievements in the portrait examination,
makes the use of micro-objects for criminal proceedings increasingly
relevant and promising.
This is primarily because of their small size, which generally makes
it impossible for criminals to destroy them, to falsify, to prevent their
occurrence at the scene of a criminal oence.
Despite their size, micro-objects are considered to be material evidence,
as any other material traces of crime, if they contain the characteristics
specied in article 98 of the Criminal Procedure Code of Ukraine (Law No.
1001-05, 1960).
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The size of the micro-objects, their multivariate nature (including
the various aggregated states, that is, solid, liquid, gaseous) and their
multifaceted links to the event of a criminal oence give rise to certain
diculties and limitations in their detection, seizing, recording, storing,
and examining in order to obtain information for forensic purposes.
Therefore, in almost all phases of pre-trial investigation (search operations
and investigative actions, collection and preservation of evidence and expert
examination), the use and application of scientic and technical methods
and tools are important for operating with micro-objects (Klymenko, 2008).
While the use of scientic and technical methods and means is important
at all stages of pre-trial investigation, it is expert examination, which is
a crucial stage in the use of micro-objects in criminal proceedings, that
constitutes evidence and requires the widest range of expertise, methods,
and tools.
Moreover, most expert examinations of micro-objects involve optical
methods.
Optical methods are methods based on the laws of optics concerning the
nature of the propagation and interaction of the electromagnetic radiation
of the optical range with the substance, and which enable to obtain
comprehensive information concerning the properties and characteristics
of the object(s) (Nenia, 2010).
The optical range encompasses electromagnetic radiation with
wavelengths in the range from 10 nm to 1 μm (Kruger et al., 1967). Optical
methods have advantages over other physical methods of examination. The
advantages of most of them are non-destructive eects of optical radiation
on the object under examination, informativeness and high accuracy, the
possibility to examine the physical and chemical properties with optical
radiation of the object and so on.
The choice of scientic and technical forensic methods and means of
examination, particularly optical ones, depends directly on the type of
forensic expertise in which they are used. Therefore, from a methodological
perspective, the question arises rst of all with regard to the denition of
forensic examinations that examine micro-objects, which is not only of
theoretical but even more of practical importance.
It should be noted that micro-object examination is usually performed
within forensic and engineering expertise, mainly the examination of
materials, substances, and articles, biological, rearm and tool mark
examinations (Order No. 53/5, 1998).
For example, the potential of optical methods is their use in expert
examinations of rearms and ammunition, as well as explosive devices
and explosives, to address identication, classication, diagnostic,
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Havryliuk Liudmyla, Drozd Valentyna, Nenia Olena, Kyslyi Anatolii y Andrii Niebytov
Systemic approach to the choice of optical methods of forensic examination of micro-objects
situational issues, in particular methods of: observation, including optical
microscopy, analysis – optical spectroscopy (emission spectral analysis;
absorption spectral analysis; reection spectroscopy, etc.) and methods of
optical analysis, based on the measurement of the optical properties of the
substance.
This is particularly relevant in view of the relentless military conict in
the Donbas, which is a major factor for increasing market in illegal rearms
and the consequent increase in serious crimes, committed with rearms and
explosive devices, including improvised explosive devices. This situation
leads to a constant expansion of examination objects, most of which are
specic and problematic for their examination. This in turn requires the
development of new types of expertise and thereby new examination
methods and the systematization of existing ones (Korotaiev, 2018).
In Ukraine and many countries of the world, one of the recent challenges
in rearms examination is the extension of the scientic basis for comparing
the marks on bullets and cartridges to determine their objectivity and
subjectivity. The International Association of the Firearm and Tool Mark
Examiners (AFTE) considered this issue as the key one, including not only
the search for a scientic basis for potential errors identication, but also
for the search and potential development of methods, that will improve
the quality of expert examination. The United States President’s Council
of Advisors on Science and Technology (2016) addressed these issues in its
report on forensics, in particular the forensic rearms examination.
Forensic (in particular expert) examination is a process of creativity,
and this connects it to any scientic research. However, contrasting
scientic research, forensic examination is formalised by the framework
of criminal proceedings, making it orientated; the request to preserve and
maintain the properties of the objects being examined and their features
in the course of the examination. At the same time, the examiner should
provide an objective, complete, reliable conclusion from the results of the
examination, which requires the use of reliable methods and high-precision
instruments ensuring the objectivity and reliability of the examination.
Considering that every year new examination methods are emerging,
thanks to the integration and dierentiation of scientic knowledge,
the interpenetration of sciences and their methods, the combination of
methods both homogeneous in nature, scientic bases and sources, as well
as heterogeneous, arising and formulated in various elds of science, and
thanks to the widespread introduction of nanotechnology, the examiner
is faced with the corresponding task of constantly updating personal
knowledge in this area and, thereby the constant need to choose the best
method of examination.
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Since examination tasks can be solved by several dierent scientic and
technical methods, the rational choice of a method usually takes into account
the requirements for the nal results of examinations, their accuracy and
reliability, time limits, completeness of information and the like.
Moreover, the requirements for criminological (forensic) methods
can be divided into two groups. The rst group of requirements that are
common to research in other scientic elds, including: validity, reliability,
accuracy, safety, eciency, cost-eectiveness, accessibility. The second
group consists of the requirements related to the procedural status of the
object examined, the method itself and the conclusion derived from the
examination results: admissibility and ethics (Averianova et al., 2001).
According to Honcharenko (2011), only scientically based means
and methods can be used in investigative and expert work, provided the
compliance with the principle of legality and conformity with generally
acceptable ethical standards in our society.
Since examiner’s report is one of the most important types of
evidence, the assessment of its reliability is a very important element for
all participants in criminal proceedings. For this purpose, along with the
professional competence of the examiner, inter alia, the expediency and
admissibility of applying specic examination methods should be veried.
An instrument for ensuring quality of work in all spheres of life is a
system of universal methods, which are quality tools that constitute a
quality management system for the respective eld of activity, followed by
accreditation by an independent accreditation body, validating the real level
of technical competence, of forensic laboratories, and creating conditions
for peer review of the results of their activities in dierent countries.
Active implementation of international quality standards, such as
ISO/IEC 17025:2017 General requirements for the competence of testing
and calibration laboratories (ISO, 2017) and ISO/IEC 17020 (2012)
“Conformity assessment – Requirements for the operation of various types
of bodies performing inspection” (ISO, 2012) in domestic forensic science
institutions, in particular the MIA of Ukraine, began in 2010 when the State
Scientic Research Forensic Centre (SSRFC) of the MIA of Ukraine in 2002
had acquired a membership of the European Network of Forensic Science
Institutions (ENFSI). Since then, about 30 State specialized forensic science
institutions in Ukraine have been accredited by these standards in various
examination areas, including the MIA and the Ministry of Justice.
According to the ISO/IEC 17025 standard, laboratories examine
the methods used to conrm their operability in laboratory conditions.
Furthermore, the standard enables the application of methods developed
by laboratories of an individual forensic science institution through a
validation procedure for such method (Tatarnikova, 2017).
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Havryliuk Liudmyla, Drozd Valentyna, Nenia Olena, Kyslyi Anatolii y Andrii Niebytov
Systemic approach to the choice of optical methods of forensic examination of micro-objects
For example, in 2018, the National Bureau of Expertise of the
Republic of Armenia revealed the results of experimental studies and
validation procedures for gas chromatography-mass spectrometry and UV
spectrometric methods for quantication of buprenorphine. As a result, the
Department of Physical, Technical and Chemical Research of the National
Bureau of Expertise of the Republic of Armenia applied in the forensic
practice two methods (including optical one) providing, respectively, a
reliable quantication of buprenorphine (Tovmasian et al., 2005).
Therefore, the choice of the examination method is a dicult task, even
based on the experience, logic, knowledge, and intuition of examiners. In
our opinion, a scientic systems approach can help. In order to provide a
holistic perspective on optical methods of examination, as well as to make
the right choice, they should be systematized and classied.
This implies both methods already applied by examiners and those used
in dierent elds of science and technology that can be used and adapted
to eectively address examiner’s tasks (Saltevskyi and Lukashevych, 1987).
Literature review has not revealed any work related to summarizing optical
methods of examination and to their fairly complete system classifying.
Scientists from various elds of expertise, including forensic
scientists, inter alia, identify specic groups of examination methods, the
systematization thereof is generally limited to classes, types, and sub-types
of forensic examinations, taking into account the material and technical base
of the institutions, where these examinations are carried out, as well as the
nature of the information about the object being examined. A clear example
of this is provided by the forensic examinations of materials, substances
and products, where individual scientists have identied separate scientic
methods, such as optical ones, in terms of the nature of the information
obtained by methods: morphological analysis, material and substance
composition analysis, substance structure analysis; the study of individual
properties (Davydova, 2008; Levshin and Saletskyi, 1994; Mitrichev, 2003;
Palenik, 2013; Pentin and Vilkov, 2003).
The use of examination methods may be regulated by the forms and
types of examinations depending on the stage of the criminal proceedings
(for example, in the collection of evidence, preliminary (extra-expert)
examinations relating to non-processing, only non-destructive methods
of optical microscopy are applied) and expert (procedural) methods
which include optical methods of both observation and various analysis)
(Davydova, 2008; Saltevskyi, 1980). The choice of method may also depend
on the nature of the information to be obtained from the object being
examined.
Therefore, the issue of increasing the potentials for expert examination
is within the framework of the classication mechanism and in the
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identication of the criteria for the choice of method.
As noted above, examiners and criminologists consider that the main
criterion (classication characteristics) for the selection of the examination
method is the nature of the information to be obtained from the object
being examined (Davydova, 2008; Mitrichev, 2003). In other words, what
exists is the task, the method and a device that can solve this task. That is,
a certain forensic science institution will use the scientic and technical
means and methods with which it is equipped to examine a certain object
(micro-object), considering the requirements of forensic science methods.
We agree that this approach, especially from a practical perspective, is
quite eective. However, this approach, in our view, is one-sided and
limits the creative and search component of examiner’s performance, and
consequently limits the further development and expansion of forensic
examination.
In order to improve existing examination methods and introduce new
ones into expert practice, their potentials, advantages and disadvantages in
comparison with other methods, as well as limitations in their application
should be known in depth.
Such full knowledge of methods, particularly optical ones, as well as
their comparison is impossible without a classication based on criteria by
which these methods can be systematized (separated).
The physical phenomena that underlie them (for example, absorption,
reection, refraction, scattering, etc.) can be identied as the main criterion
for the classication of optical methods (Nenia, 2010).
Moreover, it is this criterion that individual scientists use to systematize
methods in analytical chemistry, biology, non-destructive testing (Clarke
and Eberhardt 2002; Lacey, 1999).
However, an examiner does not always nd the practical value of such
classication appropriate. Not the last factor in the examiner’s choice of
examination method is questions put to the examiner, that is, we return to
the information about the object being examined (micro-objects).
It should be noted that the highlighted criteria cannot, in our opinion,
exist one without the other, as they are connected as communicating vessels.
Therefore, a systematization of optical methods for forensic examinations
(of micro-objects in particular) should be based on comprehensive and
harmonious combination of criteria, such as the essence of the physical
process underlying the method; the nature of the information about the
micro-object under examination (nature of the properties of the objects
under examination) derived from the questions assigned to the forensic
expert.
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Havryliuk Liudmyla, Drozd Valentyna, Nenia Olena, Kyslyi Anatolii y Andrii Niebytov
Systemic approach to the choice of optical methods of forensic examination of micro-objects
Moreover, this system classication should be open and able to
constantly adapt to the changes in science and technology, which implies its
continual updating with new examination methods. To sum up, we propose
to use a hierarchical method to systematize and classify optical methods
of examination, which will further enable to establish a hierarchical
relationship between dierent groups of optical methods of forensic
examination of micro-objects.
Next, we consider the consistent approach to this tiered classication.
On the basis of the characteristic (criteria) of classication such as the
physical phenomena underlying them, at the rst level, the initial set of
optical methods should be grouped into three subsets: light microscopy,
based on the laws of geometric optics and wave theory of image formation,
optical spectroscopy based on the absorption eect of electromagnetic
radiation by atoms or molecules of the substance under examination,
optical analysis methods based on the properties of light waves, such as
polarization, absorption, coherence, refraction, etc. (Landsberg, 2000; Hel
et al., 1998).
Moreover, this grouping of methods according to the rst criterion
simultaneously guides, although not yet detailed, but already in general
terms, concerning the nature of the information that can be obtained from
the object being examined (micro-object), that is, concerning the nature
of the properties to be examined. For example, we know that optical
microscopy techniques can determine the morphology of micro-object, its
aggregate state, the degree of possible contamination and interaction with
the material of the carrier, assess the natural color and luminescence, may
establish its nature etc.
From our perspective, that is where the proposed criteria are
harmoniously combined. At the second level of grouping of each of the
proposed subsets, either this criterion (classication characteristic) or
another can be chosen.
In our classication, we again choose the rst criterion (classication
characteristic) to group all three subsets of methods, in addition, the second-
level grouping into the methods according to the physical phenomena
underlying them, as at the rst level, only in more detail, gives an idea of
the nature of the properties, which can be examined.
Therefore, each subset of methods, grouping into a totality of subsets
of methods, enables to describe in more details both the potentials of the
respective method and the nature of the properties, which can be examined.
For example, further consideration of the rst group of “Optical
Spectroscopy” methods can group these methods at the second level into
subsets: brighteld methods, darkeld methods, polarized light microscopy,
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interference contrast methods (interference microscopy) and others.
Complete classication schemes are in the work (Nenia, 2016). Considering
from this set of methods, for example, brighteld methods based on the
fact that dierent parts of the object being examined reect the light falling
on them dierently, while reected rays have dierent intensity, this set of
methods can be further divided into three ones: transmitted-light brighteld
methods, reected-light brighteld methods, and oblique illumination
methods. Moreover, the title of each method describes it according to its
potentials.
Therefore, grouping methods at each level simultaneously details the
potentials of each of them, and therefore increases the guidance value for
the examiner regarding the nature of the information that can be obtained
from the object being examined (micro-objects) by a specic method of
examination, as well as enables to identify other suitable examination
methods.
This method systematization enables to choose not one but some
methods to examine the same properties of the object being examined, to
expand potentials of an examiner, moreover, enables to validate methods
and techniques within the framework of ISO quality standards. This
includes new examination methods applied to test the relevance of new
methods’ potentials declared.
Another factor in favour of such a systemic approach is the need for
a forensic examiner to justify during the criminal proceeding, including
the judicial one that the examination results are reliable and therefore
constitute evidence. However, this is not possible without using methods
with similar potentials that have already been validated.
Conclusion
Criminal law policy is a component of State policy in the area of crime
control. The implementation of such policy and its eectiveness, role, place
and signicance depends on many factors, among which is application of
up-to-date approaches and techniques to obtain tracing and evidentiary
information (Vorobey et al., 2021).
Considering the increasing role of micro-objects in the detection and
investigation of criminal oences and, at the same time, the specicity of
their discovery, recording, seizure and preservation, examination and use
as carriers of search and evidence information, it is relevant to improve the
scientic and technical, as well as methodological, basis of work with them.
In particular, this applies to optical methods and micro-object
examination means, used in both the extra-expert and expert stages of
examination.
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Havryliuk Liudmyla, Drozd Valentyna, Nenia Olena, Kyslyi Anatolii y Andrii Niebytov
Systemic approach to the choice of optical methods of forensic examination of micro-objects
Initial and further understanding of the potentials of optical methods,
in particular the degree of full potentials of micro-object examination,
requires their systematization.
Any systematization is carried out for dierent purposes, specic to each
branch, classication characteristics thereof are corresponding specic
individual features or their complex.
In view of the determined and formalized aim of the study, a
comprehensive and harmonious, in our opinion, combination of
classication characteristics, such as the essence of the physical process
underlying the method; the nature of the information about the micro-object
being examined (nature of the properties of the objects being examined).
This approach to methods systematization has a great informational
capacity, which will allow identifying a range of existing methods, providing
a holistic view of their potentials, as well as revealing the nature of the
information that can be obtained about the object being examined.
Such a systematization of methods can guide the examiner on the
availability of other methods acceptable for examination, both those
already used by examiners and new ones that can be borrowed or adapted
from natural sciences.
This will allow the expansion of potentials of examiners’ performance
and at the same time increase the objectivity of examinations due to
conrmation or disproval of the reliability of the examination results by
another method with similar potentials.
Bibliographical References
AVERIANOVA, Tatiana, et al. 2001. Criminalistics. NORMA. Moscow. Available
online. In: http://library.nlu.edu.ua/POLN_TEXT/KNIGI/BELKIN_
KRIM_2001.htm. Date of consultation: 10/09/2020.
CLARKE, Ashley; EBERHARD, Colin 2002. “Microscopy Techniques for
Materials Science” In: Woodhead Publishing, CRC Press. Cambridge,
England.
DAVYDOVA, Olena. 2008. Forensic examinations of materials, substances and
products. KNT. Kyiv, Ukraine.
HEL, Pavlo, et al. 1998. “Laboratory workshop on physics. Part 2: Oscillations
and waves, optics” In: Vinnytsia State Technical University. Vinnytsia,
Ukraine.
577
CUESTIONES POLÍTICAS
Vol. 39 Nº 69 (Julio - Diciembre 2021): 564-580
HONCHARENKO, Vladlen. 2011. “Selected works” In: Precedent. Kyiv.
Available online. In: http://e-books.aau.edu.ua/assets/books/
Goncharenko-selected-works.pdf. Date of consultation: 10/09/2020.
ISO. 2012. ISO/IEC 17020:2012 Conformity assessment – Requirements for
the operation of various types of bodies performing inspection. Available
online. In: http://www.tcdi.ru/standards/iso17020.php. Date of
consultation: 10/09/2020.
ISO. 2017. ISO/IEC 17025 General requirements for the competence of testing
and calibration laboratories. Available online. In: https://www.iso.
org/les/live/sites/isoorg/les/store/en/PUB100424.pdf. Date of
consultation: 10/09/2020.
KLYMENKO, Nina. 2008. The use of micro-objects in the investigation of
crimes. In: SRECC of the MIA of Ukraine. Kyiv. Available online. In:
http://consultant.parus.ua/?doc=0B46HE8F98&abz=KLYL0. Date of
consultation: 06/09/2020.
KOROSTASHOVA, Tetiana et al. 2012. Fundamentals of micro-objectology. In:
Petro Mogyla Publishing House. Mykolaiv.
KOROTAIEV, Volodymyr. 2018. “Administrative and legal regulation of forensic
rearms examination. PhD Dissertation” In: Dnipropetrovsk State
University of Internal Aairs. Available online. In: https://dduvs.in.ua/
wp-content/uploads/les/Structure/science/rada/dissertations/25/2.
pdf. Date of consultation: 06/09/2020.
KRUGER, Mark et al. 1967. Handbook of the designer of optical-mechanical
devices. In: Mechanical Engineering. Lviv, Ukraine.
KYRYCHENKO, Aleksei. 1994. “Fundamentals of microobjectology” In:
Lecture No. 3. Course of lectures on criminology: textbook. Petro Mohyla
National University. Mykolaiv. Available online. In: http://library.mdu.
edu.ua/Documents/Praci%20vukladachiv/Institut_istorii_ta_prava/
Kirichenko/102_-_%D0%9A%D0%B8%D1%80%D0%B8%D1%87%D
0%B5%D0%BD%D0%BA%D0%BE_%D0%9E._%D0%90._%D0%9E
%D1%81%D0%BD%D0%BE% D0%B2%D0%B8_%D0%BC%D1%96%
D0%BA%D1%80%D0%BE%D0%BE%D0%B1%E2%80%99%D1%94%
D0%BA%D1%82%D0%BE%D0%BB%D0%BE%D0%B3%D1%96%D1
%97._%D0%9B%D0%B5%D0%BA%D1%86% D1%96%D1%8F_%E2
%84%96_3._%D0%9A%D1%83%D1%80%D1%81_%D0%BB%D0%B5
%D0%BA%D1%86%D1%96%D0%B9_%D0%B7_%D0%BA%D1%80%
D0%B8%D0%BC%D1%96%D0%BD%D0%B0%D0%BB%D1% 96%D1
%81%D1%82%D0%B8%D0%BA%D0%B8.pdf. Date of consultation:
06/09/2020. Date of consultation: 06/09/2020
578
Havryliuk Liudmyla, Drozd Valentyna, Nenia Olena, Kyslyi Anatolii y Andrii Niebytov
Systemic approach to the choice of optical methods of forensic examination of micro-objects
KYSLYI, Anatolii; PYSMENNA, Mariia; KOLOMOIETS, Oleksandr;
VOLOBUIEVA, Olena; DAVYDENKO, Valerii. 2020. “Educational
Processes of Training, Retraining and Advanced Training of Private
Detectives in Ukraine” In: Cuestiones Políticas. Vol. 38, No. 66, pp. 421-
35. Available online. In: https://produccioncienticaluz.org/index.php/
cuestiones/article/view/34336. Date of consultation: 06/09/2020.
LACEY, Alan (ed.). 1999. Light Microscopy In Biology: A Practical Approach
(Practical Approach Series). In: OUP . Oxford, Great Britain.
LANDSBERG, Hrihorii. 2000. Optics. In: FIZMATLIT. Moscow. Available
online. In: https://www.twirpx.com/le/41359/. Date of consultation:
06/09/2020.
LEVSHIN, Leonid; SALETSKYI, Aleksandr. 1994. “Optical methods for
studying molecular systems. Part 1. Molecular spectroscopy” In: MSU.
Moscow, Russia.
LINCH, Charles; PRAHLOW, Joseph. 2008. “Microscopical examination of
particles on smoked cigarette lters” In. Forensic science, medicine, and
pathology. Vol. 4, No. 4, pp. 228-233. Available online. In: https://doi.
org/10.1007/s12024-008-9053-9. Date of consultation: 06/09/2019.
LISICHENKO, Vitaliy. 1979. Using data from natural and technical sciences in
investigative and judicial practice. Higher school. Kyiv, Ukraine.
MITRICHEV, Vitaliy. 2003. Fundamentals of forensic examination of
materials, substances and products. In: Peter. St. Petersburg. Available
online. In: https://royallib.com/book/mitrichev_vitaliy/osnovi_
kriminalisticheskogo_issledovaniya_materialov_veshchestv_i_
izdeliy_iz_nih.html. Date of consultation: 06/09/2019.
NENIA, Olena. 2010. “Issues of legal regulation of the use of scientic and
technical means and methods of criminology” In: Bulletin of Academy of
Advocacy of Ukraine. Vol. 2, No.18, pp. 75-80.
NENIA, Olena. 2016. Optical methods of forensic examination of micro-objects.
PhD Dissertation. National Academy of Internal Aairs. Available online.
In: http://elar.naiau.kiev.ua/bitstream/123456789/1409/1/nenya_dis.
pdf. Date of consultation: 06/09/2019.
UKRAINE. ORDER No. 53/5. 1998. About the statement of the Instruction
on appointment and carrying out of forensic examinations and expert
researches and Scientic and methodical recommendations concerning
preparation and appointment of forensic examinations and expert
researches. Ocial Gazette of the Verkhovna Rada of Ukraine, Kyiv,
Ukraine, October 08, 1998. Available online. In: https://zakon.rada.gov.
ua/laws/show/z0705-98#Text. Date of consultation: 06/09/2019.
579
CUESTIONES POLÍTICAS
Vol. 39 Nº 69 (Julio - Diciembre 2021): 564-580
PALENIK, Skip. 2013. Modern Trace Evidence Analysis and its Application
to the Forensic Study of Soil, Sand and Dust. 10.3997/2214-
4609.20131920. Available online. In: https://www.researchgate.net/
publication/266632767_Modern_Trace_Evidence_Analysis_and_its_
Application_to_the_Forensic_Study_of_Soil_Sand_and_Dust. Date
of consultation: 06/11/2020.
PENTIN, Yurii; VILKOV, Lev. 2003. “Physical research methods in chemistry
(Structural methods and optical spectroscopy)” In: Mir, AST. Moscow,
Russia.
PRYSTUPA, Vadym; ZHUK, Borys. 2005. Examination of elemental
composition of soils by X-ray uorescence analysis. In: SSRFC of the
MIA of Ukraine. Kyiv. Available online. In: https://zakon.rada.gov.ua/
laws/show/v1826323-11#Text. Date of consultation: 06/09/2019.
SALTEVSKYI, Mikhail; LUKASHEVYCH, Vitaliy. 1987. “Micro-objects and
scent traces” In: KHS of MIA of the USSR. Kyiv, Ukraine.
SALTEVSKYI, Mikhail. 1980. “Collecting forensic information by technical
means during preliminary investigation” In: KHS. Kiev, Ukraine.
SKRYPKO, Halyna. 2012. “Methodology for determining the specic
identication characteristics of natural bres, identication of the
brous composition of threads, textile materials and products from
them by polarization microscopy” In: Examination of Fibers and Fibrous
Materials: Method. SSRFC of the MIA of Ukraine. Kyiv, Ukraine.
TATARNIKOVA, Tetiana. 2017. Elements of quality assurance of forensic
science activity as. Available online. In: tools of standardization.
http://elar.naiau.kiev.ua/bitstream/123456789/3691/1/%D0%A2%
D0%B0%D1%82%D0%B0%D1%80%D0%BD%D1%96%D0%BA%
D0%BE%D0%B2%D0%B0%20%D0%A2%D0%B5%D1%82%D1%
8F%D0%BD%D0%B0%20%D0%9E%D0%BB%D0%B5%D0%BA%
D1%81%D0%B0%D0%BD%D0%B4%D1%80%D1%96%D0%B2%
D0%BD%D0%B0.pdf. Date of consultation: 06/09/2019.
TOVMASIAN, Arutiun., et al. 2005. “Validation of gas chromatography-mass
spectrometry and UV spectrometric methods for quantication of
buprenorphine according to requirements of ISO/IEC 17025: 2005” In:
Theory and Practice of Forensic Examination and Criminalistics. Issue
18, pp. 351-359.
UKRAINE. 1960. Law 1001-05, of December 28, Criminal Procedure Code of
Ukraine. Ocial Gazette of the Verkhovna Rada of Ukrainian SSR of
December 1960, no. 2, p. 15.
580
Havryliuk Liudmyla, Drozd Valentyna, Nenia Olena, Kyslyi Anatolii y Andrii Niebytov
Systemic approach to the choice of optical methods of forensic examination of micro-objects
UNITED STATES PRESIDENT’S COUNCIL OF ADVISORS ON SCIENCE
AND TECHNOLOGY. 2016. Report to the president Forensic Science
in Criminal Courts: Ensuring Scientic Validity of Feature-Comparison
Methods. Available online. In: https://obamawhitehouse.archives.gov/
sites/default/les/microsites/ostp/PCAST/pcast_forensics_request_
for_information.pdf. Date of consultation: 28/09/2019.
VOROBEY, Petro; FELYK, Vasil; NIEBYTOV, Andrii; MATVIICHUK, Valerii;
VOROBEY, Olena. 2021. “Nature and Signicance of the State’s Criminal
Law Policy” In: Amazonia Investiga, Vol. 10, No. 39, pp. 225-231.
Available online. In: https://doi.org/10.34069/AI/2021.39.03.22. Date
of consultation: 22/04/2021.
www.luz.edu.ve
www.serbi.luz.edu.ve
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