Legal framework for crime scene investigations in criminal investigations at the state border: national and international experience

The article analyzes the current state of regulatory and legal support for the inspection of the scene of an incident in Ukraine and highlights the most problematic issues in the practice of applying the provisions of the Criminal Procedure Code of Ukraine and individual subordinate regulatory and legal acts that regulate the organization and conduct of the specified investigative action. These include, in particular: the absence of a legislative definition of the term “crime scene investigation”, the definition of entities authorized to conduct an inspection of the scene of an incident; the generalized nature of regulatory and legal regulation. The Recommendations of the European Network of Forensic Science Institutes (ENFSI) are considered, which ensure the unification of forensic procedures and improve the quality of the inspection of the scene of an incident in European countries and can be implemented in best practices in the field of inspection of the scene of an incident, and also establish requirements for the level of professional training of investigators. Under that the proposed ENFSI standards are a guideline for improving regulatory and legal acts with the possibility of adaptation to national characteristics. As an example of the implementation of European standards in regulatory legal acts regulating the conduct of investigative actions, the examination of the scene of the incident by border guards of the Republic of Poland is considered and its features are highlighted, and іt highlights the distinctive features that demonstrate consideration of the specific nature of organizing and conducting on-site inspections during the investigation of crimes at the state border. The areas of improvement of regulatory legal support include the standardization of forensic examination and forensic expert activity, which will promote mutual recognition of expert opinions between states, which is especially important for the investigation of cross-border crimes and international cooperation in the field of combating organized crime. It is emphasized that improving the legal framework governing crime scene investigations in cases involving crimes committed at the state border should be achieved by incorporating international forensic standards into national legislation and establishing mandatory requirements for their application.