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§ 2.1. Concept of object SSTE and object of expert knowledge

The concept of object of examination, as well as concept of its subject, is basic in the expert testimony in court theory, therefore its accurate formulation «gets a special urgency, in particular for definition of subjects of separate kinds of examinations, their differentiation, definition of the competence of experts of various specialities, for the organisation of preparation of expert shots etc.

Thus, this problem represents not only theoretical interest, it has also directly practical value» [347, with. 10].

Most full to make definition of object SSTE it is possible only having addressed to publications of the recent past and modern statements of scientists about concept of object of expert testimony in court in general. The concept of object as source of the fact sheet, data carrier about the facts constituting a subject of examination [328, with is Most extended in the legal literature. 31; 342, with. 11; 465, with. 8, etc.]. At the majority of scientists was not and there are no essential disagreements on this question. Some divergences concerned delimitations of set of objects of examination. So, in «the Dictionary of the basic terms of expert testimonies in court» their approximate list is resulted: «material evidences... Real conditions or scene fragments, samples, other data containing in materials of business» [408, with. 53] (my italics. B).

D.JA.Mirsky and M.N.Rostov have stated doubts in legitimacy of inclusion in the specified list of such concepts, as "material evidences" and «other data», proving it as follows: «not always the things presented on expert research, have this remedial status (material evidences. - A.B.). Moreover, the expert's statement is frequent only allows to define the subject relevancy to event of crime on the basis of what the inspector takes out the decision about its entering upon the record as a material evidence","object of expert research can be

Only the material or materialised data carriers, data on them - not a material category, and a synonym of concept "information" [328, with. 30].

Mention of data in the list of objects of expert testimony in court incorrectly. We divide this point of view, as well as the statement that «the object and the information containing in it are in close unity, they cannot be torn off from each other, but also it is impossible to identify» [229, with. 19]. The offer to replace the term "material evidences" in definition of concept of object of expert testimony in court by the term «not having so concrete remedial value» [328, with. 31] and in a consequence it has not been realised, material evidences along with documents, subjects and so forth are specified in the list of objects of expert research in item 10 FZ about GSED.

Ambiguously dared in the legal literature and a question on, whether material subjects, fragments of real conditions concern objects of examination only or events can be included in their number, the facts and other ideal objects also. The correct permission of this problem especially important for SSTE as at carrying out of some kinds of researches studying of ideal objects is supposed, somehow: processes of erection taking place in the past and operation of structures and constructions, destructions, accidents in building and so forth

Thereupon V.D.Arsenyev noticed, that «in quality...

The basic object of examination those act real-life (or existing in the past) the phenomena on which establishment examination is objectively directed... Material data carriers about these phenomena - their component (valid or assumed)» [184, with. 8].

The same point of view adhered to A.I.Vinberg and N.T.Malahovsky: «subjects and the phenomena possessing homogeneous properties, shown in certain informative signs which are exposed to expert research proceeding from essence of the given kind of examination» [228, with will be direct object of expert testimony in court. 34]. We will notice, that A.I.Vinberg was not always consecutive in this question, earlier along with DL. Wordly and M.N.Rostovym he shared opinion according to which «material objects» [229 can be objects of examination in all cases only, with. 19].

JU.K.eagle denies possibility of consideration of various events, the phenomena and actions as objects of expert testimony in court, so giving reason for the position: « With reference to expert research unlike other kinds of informative activity the object of research is not only gnoseological, but also legal... The Legal mode can be extended only to real-life objects »[347, with. 13]. Polemizing with R.S.Belkin who adhered to the opposite point of view, approving, that past events also can be considered in legal aspect - to remind the general object of knowledge of criminal trial what the crime [203 is, with enough. 260], JU.K.eagle specifies in mixture here legal aspect and a legal regime, noticing, that« any event of the past can receive any legal estimation, be investigated in the remedial form, etc. However only... Material objects... Can be somehow remedially issued, given in the order of the expert, only concerning such objects the expert can have any powers »[203, with. 13].

Did not share J.K.Orlova's position and ON. Selivanov. He marked: « Quite often at carrying out of judicial-technological examination by direct object of research manufacture process on a certain technological line is. After all here set of the static industrial equipment, and mechanisms in their dynamics, i.e. process of their operation »[404 is studied not, with. 63]. It is represented to J.K.Orlovu erroneous for« process studied by the expert is not reduced to the mechanical sum of subjects... But it is a question not of process, and about object. What process would not be studied by the expert, in its order absolutely certain material subjects, whether it be the process equipment or documents in which any facts are fixed are given... Reference... Processes to object of examination inevitably involves its mixture with the purposes of examination and, hence, with its subject and to some extent even with methods and. . Means ignoring of legal specificity of examination - presence at it a certain remedial mode which cannot be extended to ideal objects »in any way [203, with. 14].

The arguments resulted by J.K.Orlovym in protection of the point of view, seem us convincing, narrowing of concept of object of examination - proved; we share also its opinion that set of the ideal categories studied by the expert, it is necessary to carry not to objects of examination, and to objects of expert knowledge on the ground that in gnoseological sense in this quality can act not only material subjects, but also various processes, events, the phenomena, actions [342, with. 12]. In other words, objects of expert knowledge represent unity of material and ideal substances in which the first - a displayed component, a source of the information fixed in the form of display, the second - a component displaying, the source displayed, is more exact its mental model created by the expert in the consciousness on the basis of results of research of a material substance.

Thus, the set of objects of expert knowledge, with reference to SSTE, includes all processes investigated by the expert connected with predesign hydro-geological researches, designing, erection, operation, restoration (reconstruction), destruction and recycling of building objects. We will consider processes of building manufacture in which course designing errors are shown, causing failures and accidents, decrease in quality of building objects are most often supposed a various sort of deviation from requirements of special provisions and the rules; partial or full loss of their ability to carry out a design functional purpose.

Depending on a role of processes at erection of buildings and constructions they are subdivided on preparatory, the basic, auxiliary and final. Building production is created as a result of the basic processes. In most cases to the basic processes precede preparatory, necessary for preparation of conditions of manufacture of works. Besides, the cores are accompanied by the auxiliary processes, allowing to carry out the basic processes on a due technological level at observance of requirements of a labour safety. On termination of the auxiliary processes basic and connected with them final processes after which production acceptance can be made are carried out.

Building processes discriminate to technological signs on procuring, transport and montazhno-ukladochnye. Procuring processes are intended for manufacturing of building materials and half-finished products (a concrete mix, a solution, armature, modular details and designs, etc.) or on

vyshenija degrees of their readiness, and also for integration of elements of a design. These processes usually carry out at the specialised enterprises and platforms.

The transport processes which are carried out with the help obshchestroitelnyh and technological vehicles, share on two groups. Delivery of materials and products concerns the first to the warehouses located within a building site, or is direct to the assembly crane, to the second - their moving is direct to workplaces. Transport processes of the second group are always carried out together with montazhno-ukladochnymi and are a component of technology of erection of buildings.

Montazhno-ukladochnye the processes which are carried out during building of object, consist in processing, change of the form or position of subjects of the work which result is the end production - separate parts of a building and a construction.

Montazhno-ukladochnye processes can be obshchestroitelnymi (the device of foundation ditches, erection of the bases, walls, overlappings, the device of roofs) and special (the device of sanitary-engineering systems, a lining of engineering networks, the isolation device, installation of equipment and so forth).

Depending on character of manufacture discriminate continuous and preryvnye building processes. In continuous processes (for example, a laying) working operations are carried out continuously, one for another. Their duration is defined by only organizational reasons. Preryvnye processes are accompanied by the breaks caused by properties of stacked materials and features of technology (concrete keeping, plaster drying and so forth).

Processes classify also on degree of participation of cars and mechanisation means at their performance. The mechanised processes are carried out by means of cars. Workers here only operate building cars and serve them. The semimechanized processes are characterised by that in them along with application of cars manual skills are used. Manual processes are carried out by tools.

Depending on complexity processes can be simple and difficult (complex). Simple working process is a set of working operations technologically connected among themselves (for example, installation of blocks), vypolnjae

myh the same cast (the worker, a link, a brigade). Difficult (complex) process is a set of the simple working processes being in mutual organizational and technological dependence and connected by unity of end production, for example installation of modular designs.

To destination in manufacture processes share on leaders who enter into a continuous technological chain of manufacture, and combined, carried out in parallel with leaders [388, with. 157-158].

Certainly, that there are also more detailed classifications of industrial building processes, however, considering the list and character of the questions which are coming under to consideration in the present work, the resulted description of the specified processes is represented to us optimum on the volume and detailed elaboration.

It is necessary to carry to objects of expert knowledge also the processes caused by negative influence on building objects external (an atmospheric moisture, temperature drops of external air, a wind, solar radiation and so forth) and internal (water at razgermetizatsii systems of water supply, steam at razgermetizatsii heating systems and so forth) negative factors; actions suffered from accident (failure), action of participants of this event, process of change of real conditions to, during time and after accident (failure), action of the persons responsible for safe and accident-free conditions of building manufacture, process of operation of building objects; the actions of the persons which have caused decrease of quality of carried out civil work, and finally - qualities of building objects, partial or full loss of their ability to carry out a design functional purpose etc.

The set of objects SSTE includes such subjects of a material world, as: production of building manufacture (actually buildings), produshchija the industries of building materials, building products, details of other origin (for example, made in the handicraft way); the sites of district functionally connected with building objects; the equipment of building sites; engineering specifications and documents in which data on the event which has occurred in sphere of building manufacture or operation of building objects and become subject of investigation (establishment) or proceeding contain. To the most essential signs of object of examination carry: the material nature of object, its information role as material data carrier about the established facts and communication of the established facts with investigated or established event [262, with. 10].

Necessity of division of set of the objects studied by court experts, on objects of examination and objects of expert knowledge speaks a remedial regulation of expert activity. This division in a certain measure is conditional, as really object which is coming under to expert research, should be considered as complete system, in its unity of gnoseological and remedial aspects.

A variety of objects is great enough, and studying of these objects is impossible without streamlining of their set, without classification.

Classification of objects SSTE will serve the scientific and practical purposes of expert testimony in court only in the event that it is based on the bases allowing comprehensively to characterise investigated objects, to allocate essential to a science and practice of their property, the party and the relation.

It is connected with certain difficulties as cannot be constructed as certain strictly hierarchical system on the uniform basis. On the contrary, it is the difficult, multilevel, branched out system constructed taking into account the various bases independent from each other, most essential of which, from our point of view the remedial nature of objects of examination of the given sort and their functional purpose are.

Consideration with reference to SSTE accepted in the theory of expert testimony in court of division of objects on patrimonial (specific), concrete and direct, "primary" and "secondary" is of interest also.

Excessive bulkiness of this system does not allow to result it entirely - in the form of the uniform scheme, and forces to be limited to the description of separate groups of objects.

At association of objects SSTE in groups we will be guided by results of studying of considerable volume of the material which has been saved up by expert practice, and we hope to give the general representation about their set. Thus it is necessary to consider, that the classification of objects SSTE received as a result to a certain extent is conditional, simplified, it some kind of scientific abstraction. In a real life experts investigate difficult enough objects - building sites,

Industrial mechanisms and zones of their action, constructive elements in the course of occurrence and development of deformations, scene conditions (failures, accident) as a whole, etc. However and such division is necessary and is defensible, as allows to open those parties of object of research which are of interest for the court expert, and to concentrate attention to the aspects having theoretical or practical value. «The correct decision of a question of classification is a methodical basis of perfection expert and, hence, is investigatory-judiciary practice» [464 with. 3].

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A source: Butyrin Andrey Jurevich. BUILDING-TECHNICAL EXPERT APPRAISAL In LEGAL PROCEEDINGS of Russia. The dissertation on competition of a scientific degree of the doctor of juridical science. 2005

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