Ukrainian Legal Doctrine: Volume 5: Part 2: Judicial Law, Penal Law, and Forensic Legal Sciences

In this final volume the authors introduce and defend the concept of judicial law, the scientific foundations of penal, sometimes call penitentiary, law, and theoretical issues of the forensic legal sciences (criminalistics, forensic expert examination, and the role of legal psychology, with some consideration of foreign doctrines and legislation.

Reference is made in some detail to the role of legal psychology and its links with other branches of the legal sciences. Reports on the results of empirical studies enrich the volume. Considerable attention is given to the predictive functions of criminalistics.

The debates which accompanied changes in Ukrainian court organization and the administration of penal institutions are illuminating.

Subjects:
Other Jurisdictions , Wildy, Simmonds and Hill
Contents:
Introduction to the Translation;
General Outline of Work;

SECTION 4. JUDICIAL LAW
4.1 Theoretical Legal Foundations of an Administrative Proceeding: Problems and Prospects;
4.2 Topical Issues of Transformation of the Status of Judge in Judicial Law Reforms;
4.3 Forming of Judicial System of Independent Ukraine;
4.4 Effectiveness of Judicial System as Standard of Functioning of Judicial Power

SECTION 5. PENAL LAW
5.1 Theoretical Foundations of Improvement of Legal Status of Convicted Persons
5.2 Procedural Aspects of Penal Law Doctrine;
5.3 Scientific Foundations of Optimization of Process of Executing Criminal Punishments;
5.4 Institution of Changing Conditions for Confining Convicted Persons in Deprivation of Freedom in Penal Law of Ukraine
5.5 Ensuring Personal Safety of Convicted Persons in Correctional Colonies;

SECTION 6. CONTEMPORARY STATE AND DEVELOPMENT OF CRIMINALISTICS
6.1 General Theoretical Problems of Criminalistics
6.1.1 Subject-Matter of Cognition and Tasks of Criminalistics in Contemporary Conditions;
6.1.2 Trends in Criminalistics and Peculiarities of Their Development;
6.1.3 Predictive Function of Criminalistics;
6.1.4 Inter-Scientific Links of Criminalistics;
6.2 Problems of Criminalistics Technology and Information Provision for Counteracting Crime;
6.2.1 Scientific-Technical Means of Criminalistics: Contemporary State of Development, Introduction, and Use;
6.2.2 Information Resources in the Practice of Counteracting Crime;
6.3 Organizational and Tactical Foundations for Counteracting Crime;
6.3.1 Means and Role of Criminalistics Tactics in Criminal Proceeding;
6.3.2 Cognitive Function of Criminalistics Theories;
6.3.3 Problems of Constructing and Realizing Standard Tactical Operations;
6.4 Problems of Forming and Realization of Individual Criminalistics;
6.4.1 Conceptual Approaches to the Modernization of Special Criminalistics Methods;
6.4.2 Orientations of Development of Criminalistics Methods;
6.4.3 Principles of Criminalistics Methods;
6.4.4 Functions of Special Criminalistics Methods;
6.4.5 Role of Criminalistics Characteristics of Crimes in the System of the Criminalistics Method;
6.4.6 Strategic Potential of Investigator in the Investigation of Crimes;
6.4.7 Investigative Technologies in the Investigation of Crimes;

SECTION 7. THEORETICAL-METHODOLOGICAL FOUNDATIONS OF FORENSIC EXPERT EXAMINATION
7.1 General Characterization of Forensic Expert Examination under Contemporary Conditions;
7.1.1 Problem of Differentiation and Integration of Special Knowledge;
7.1.2 Functions and Realization of the Theory of Forensic Expert Examination
7.1.3 Principles of Forensic Expert Activity;
7.1.4 Forming of Conceptual Apparatus of a Forensic Expert Examination and Methodological Regulators;
7.2 Role of Cognition in Forensic Expert Activities;
7.2.1 Methods of Cognition in Forensic Expert Examination;
7.2.2 Cognitive Function of Expert Versions;
7.2.3 Problems of Forming Inner Conviction and the Adoption of Decisions by a Forensic Expert;
7.2.4 Problem of Building a Professional Profile of Forensic Expert;

SECTION 8. ROLE OF LEGAL PSYCHOLOGY IN SYSTEM OF CRIMINAL LAW SCIENCES
8.1 Contemporary Trends of Legal Psychology and Branches Thereof (Legal, Judicial, Criminal, Penitentiary);
8.1.1 Contemporary Trends of Legal Psychology and the Branches Thereof (Legal, Judicial, Criminal, Penitentiary)
8.1.2 Connection of Legal Psychology with Other Sciences;
8.2 Psychological Foundations of Procedural Activity;
8.2.1 Special Conditions of Procedural Activity as a Profession;
8.2.2. Psychological Foundations of Proof;
8.2.3 Intuition: Concept and Role in Court Proceeding
8.3 Psychology of Investigative and Judicial Activity;
8.3.1 Types of Investigative (Judicial) Activity;
8.3.2 Problems and Prospects for the Development of Forensic Psychological Expert Examination;
8.3.3 Psychological Peculiarities of the Judicial Process;
8.3.4 Psychology of Adoption of Decision by Court;
8.3.5 Psychology of Judicial Actions;
8.4 Problems of Origin and Development of Criminal and Penitentiary Psychology;
8.4.1 Psychological Structure of Crime;
8.4.2 Socio-Psychological Characteristics of the Personality of a Criminal;
8.4.3 Methods of Psychological Impact on the Personality of a Convicted Person in Penal Institutions;
8.4.4 Psychological Foundations of the Re-Socialization of Convicted Persons

Authors of Volume Five (2)
Index of Names