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the teacher and the psychologist as experts. Features of pedagogical and psychological knowledge as versions of special knowledge

Activity of the teacher (psychologist) in the criminal trial is carried out by the persons having the professional education, that is being carriers of special knowledge. In respect of our research it is obviously important to define essence of the special knowledge the teacher and the psychologist as the maintenance of activity which they carry out depends on it appear which carriers, participating including, and in investigatory actions.

As undertaken by us in the first paragraph digression to criminal trial history gives the bases to rank the teacher and the psychologist as experts, the answer to the brought attention to the question is logical for beginning with the analysis of this known concept of a science.

The general semantic sense of the term "expert" is reduced to that this person possesses special, frequently rather rare, sometimes unique knowledge and ability them to use for object in view achievement. The etymological word meaning "expert" can be found in Russian dictionaries: «Expert - having the big knowledge, data of something. Competent, authoritative, informed in any area».

Attraction of experts to criminal proceeding has the exclusive importance. According to E.P.Grishinoj, it is caused at least by three circumstances. First, timely development by experts, experts and other experts of advanced achievements of a science and technics. Secondly, ability purposefully and vysokoprofessionalno to use this knowledge, that in itself opens unlimited possibilities for reception of mathematical evidences and finally a true establishment on criminal case. Thirdly, [31]

Indispensability of owners of this knowledge as in information (udostoveritelnom) the plan, and remedial. The Criminal procedure legislation does not contain definition of experts. Therefore in the remedial literature disputes on the one whom to them to carry till now are led.

According to JU.D.Livshits and A.V.Kudrjavtsevoj, experts are the persons possessing special knowledge, «got by special training or an operational experience in the field of a science, technics, art, craft». This knowledge is used by the specified persons in an order and the purposes established by the criminal procedure law.

It is in many respects similar defines expert V.N.Mahov, carrying to them of the persons possessing special knowledge and skills of their application, not interested in the issue of a suit, called by the inspector, court for rendering of assistance in a true establishment on business in cases, the forms defined

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The law.

Thus, the main sign of the expert is a possession it

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Special knowledge.

Question on that from themselves special knowledge and what knowledge represent it is possible to carry to special, is investigated by many scientists. So, [32 [33] [34] [35]

J.G.Koruhov carries to special knowledge their set in certain branch of a modern science, technics or art [36 [37].

R.S.Belkin, and subsequently and other authors have offered the developed, multidimensional definition of special knowledge: «Special knowledge is a set of modern knowledge in certain area of a science, technics, art and craft. They are received as a result of special preparation or professional experience and applied for the purpose of investigation of a crime, the organisation of operatively-search actions, performance expert and judicial inquiries».

Underlining especial character of special knowledge, A.A.Ejsman has specified that they are not among well-known and popular, having mass distribution. Special knowledge, according to A.A.Ejsmana, on a professional basis the limited circle of experts [38] has. We also will be guided by this definition in the further statement.

Does not raise the doubts, that the pedagogical and psychological knowledge used in criminal trial, is special knowledge, as they:

Are not popular and well-known though household, popular representations about pedagogics and psychology are accessible to much;

Can be received only as a result of special vocational training, first of all in educational institutions of the higher vocational training;

Are applied at realisation of criminal procedure activity to assistance in the decision of problems facing it.

The stated allows to compare such categories, as "expert" and "expert".

As marks T.V.Isakova, the expert is the qualified, skilled, skilful expert in any branch of human knowledge, a trade, craft. Thus the author of the right and that in remedial sense terms "expert" and "expert" are not identical. The concept of the expert is not remedial, it is the theoretical design, covering carriers of any special knowledge which can be claimed in criminal trial. The carriers of this knowledge involved in criminal trial get the remedial status and carry out remedial functions different in the character - the expert, the expert, the auditor, the translator, the teacher etc., depending on the purpose of their attraction to criminal procedure

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Activity.

Taking into account the told it is necessary to agree that not remedial concepts "expert" and "teacher" correspond as the general and private, that is the teacher is considered as the expert in concrete area of special knowledge [39 [40]. Communication between remedial concepts the expert and the teacher (and we believe, as the psychologist) not so is unequivocal, though both that, and another are carriers of special knowledge [41]. Owing to the importance this question will be separately considered.

It is represented, that perfection of practice of the criminal trial is impossible without active use saved up by pedagogics and psychology of knowledge. The inspector, the investigator, the public prosecutor and court, dealing with the analysis of human behaviour, constantly face its psychological determination. It is no casual one of components of professional skill of the lawyer, along with specially-legal obuchennostju, admits also is professional-psychological

Readiness. In the Decision of the Central Committee of the CPSU accepted still in 1964 «About measures on the further development of jurisprudence and juridical education improvement in the country» it has been told about necessity of studying by lawyers not studied before discipline - judicial psychology [42 [43] [44]. Such readiness to understanding and the account of psychological aspects at realisation of the professional work, to overcoming of psychological difficulties during the decision of professional problems develops of professional psychological knowledge, abilities and stability which should possess

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The officials who are carrying out the criminal trial.

From this point of view it is necessary to note the substantial scientific work, concerning psychology of minor participants of process and value of a professional knowledge of the teacher and the psychologist, the prepared N.I.Gukovsky, A.I.debt, G.I.Minkovskim in 1974 and kept the scientific value hitherto. Authors of work - known scientists - notice, that the knowledge of age features of the minor is necessary for the inspector, the public prosecutor, the judge, the lawyer, the operative worker that: correctly to apply the specialised norms of the law concerning manufacture on these affairs; to provide revealing of all essential circumstances of business (including motives and the act reasons); tactically correctly to carry out investigatory and judicial actions in which the minor [45] participates. However level of complexity of some questions nepozvoljaet to resolve them with appropriate completeness only on the basis of the general knowledge of psychology of the inspector and the judge and demands application of professional psychological and pedagogical knowledge. Taking into account the participation of the teacher (psychologist) told institute in criminal proceeding opens new possibilities in use of these kinds of special knowledge in criminal trial. Especially actually and sharply there is this question by manufacture on affairs in the relation or with participation of minors.

Variety of the problems put by the law before investigatory agencies and court on criminal cases about minors, cannot be effectively solved by means of one only legal knowledge. So, finding-out of a question on level of mental development of the person of the minor is included in the ultimate fact on affairs minor (item 421 UPK the Russian Federation), and also his life and education conditions. Appointment of examination for an establishment of age of the minor of absence of documents confirming age convicted of a case (item 5 of item 196 UPK the Russian Federation) is provided, that is a subject of special medical and psychological knowledge. Use of special knowledge of the teacher and the psychologist in interrogations of the minor convicted, the witness, the victim and in other investigatory actions (item 191, 280, 425 UPK the Russian Federation) is regulated also. Thus, the decision of the problems facing to the inspector and court, demands more active attraction in criminal trial of representatives of not legal special knowledge.

Depending on complexity of the psychological questions arising in the course of manufacture on criminal cases with participation of minors, various forms of use of special pedagogical and psychological knowledge are possible.

At the same time it is necessary to recognise, what exactly the insufficient readiness of remedial forms, neotregulirovannost remedial requirements to character and results of activity of the teacher (psychologist) brakes introduction in the criminal trial of special pedagogical (psychological) knowledge.

Finishing these reasonings, we will formulate a conclusion: the teacher and the psychologist in criminal trial are experts, and a professional knowledge which they possess, concern a category of the special knowledge having the major value at criminal proceeding. But before to consider regulation problems in the law of various forms of use of pedagogical and psychological knowledge, it is necessary to open short at least their general maintenance, mission and on this basis to define sphere of practical application in criminal trial.

Taking into account it we will stop on a question on essence of pedagogics, and then and psychology as complexes of corresponding knowledge.

As mark J.V.Vasilkova and T.A.Vasilkova, the pedagogics developed in the tideway of philosophical knowledge of the person and a society, but in XVI-XVII centuries it gemmates from philosophy, becoming the independent science meaning a science about laws of education, about a transfer of experience of one generation to another, a science about education and training process not only children, but also adults. The general for philosophy and pedagogics is the system of sights at the world and a place in it of the person, to the place of the person in a society. The pedagogics as a private science of philosophy has concentrated only on problems of the person, the person and a society, education, formation and training, an education ideal, an ideal of the person in a society. It became a science about formation, process of education and

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Self-education of the person.

The pedagogics studies activity and the child, and the tutor, and also pedagogical process of transfer by adult generation of knowledge, youth skills. The senior generation transfers young experience of public relations, scientific knowledge, norms of morals. At the heart of pedagogics research of pedagogical process according to which methods are created, techniques and receptions of pedagogical activity and pupils lays. According to A.N.Bychkova, pedagogical activity is a special kind of socially useful activity of adult people, is conscious [46 [47]

Directed on preparation of rising generation for a life according to

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The economic, political, moral, aesthetic purposes.

In respect of our research the greatest importance is represented by social pedagogics which is independent section of pedagogics with the special methods of social, educational and educational activity. The public sense of social pedagogics consists in helping the person who has got to a trouble, to help a family, to the child to find the way of vital self-determination to develop on the basis of the abilities and inclinations. To help with aspiration of the person to leave on a way moral

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Relations.

Research of social pedagogics allows to define character of the pedagogical knowledge used in the criminal trial, to reveal age features of the teenager, both promoting, and interfering success of remedial activity. The social pedagogics especially allocates in processes of education and formation aspects and the phenomena connected with inclusion of the child during a joint life in a society, its occurrence in a society, acquisition of social experience, i.e. process of socialisation [48 [49] [50]. Being examined, participating in other investigatory actions, the teenager, undoubtedly, leans against social experience already available for it, but at the same time receives during this moment new experience which will influence its behaviour further.

As the science social pedagogics aspires to find out, first of all, influence of environment, both physical, and social, on physical and spiritual

Development of the pupil, on formation at it social and asotsialnyh bents, on quality and rate of its work [51 [52] [53]. The authors allocating functions of social pedagogics, carry studying of the child, its condition, relations to that in a family, at school, with group in a court yard, its behaviour in a conflict condition; rendering assistance to the child (teenager) who has got to a trouble; the analysis of a condition of social education in the various social spheres surrounding the child and influencing it. Within the limits of criminal proceeding similar knowledge is necessary for a full and qualitative establishment of the circumstances constituting the ultimate fact: conditions of a life and education of the minor; influence on the minor of seniors on age of persons (item 421 UPK the Russian Federation); the circumstances promoting committing a crime (ch. 2 items 73 UPK the Russian Federation).

From the point of view of our research by the important function of social pedagogics is is social-legal by means of which the care of the state of children and their legal protection including coordination and association of various experts, the organisations solving problems of the child (teenager) is realised, concerning a condition of its crisis, to its protection

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The rights.

In social pedagogics, as well as in criminology, there is a concept «deviating (« deviantnoe ») behaviour». This term designates the behaviour of the person mismatching norms accepted in a society and

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To role missions.

According to experts in the field of social pedagogics, at the heart of deviating behaviour of the person its biopsychological characteristics, process and results of its social education, mastering of negative social experience of behaviour by it lay: negatively expressed orientation of the person (interests, requirements, motives, the purposes, ideals), negative habits and corresponding to them (to a negative orientation and negative habits) positive feelings - internal satisfaction from their display which act as its regulators asotsialnogo,

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Immoral behaviour, actions and acts.

The basic stages of formation deviantnogo behaviour are: contradiction occurrence between social norms and the person; display of disagreement of the child with social requirements, their negation; display of illegal actions (minor hooliganism, a deceit, thefts etc.); relapses of illegal actions; experience accumulation asotsialnogo behaviour (violence, prostitution, etc.); inclusion in group with asotsialnym behaviour; infringement of laws; committing a crime [54 [55].

Undoubtedly, that possession of bases of social pedagogics essentially enriches research activity in criminal trial sphere, including on affairs about crimes of minors. Armed, thanks to participation of the teacher, corresponding knowledge, the inspector, the investigator, and also court have an opportunity more freely to be guided in private world of the person, especially the teenager, to understand the motives operating its behaviour in criminal conditions, a situation of preliminary investigation and proceeding, to select the most effective tactical receptions providing balance of interests of the inspector and the minor participant of investigatory action.

In respect of dissertational research we find an interesting material in executed many years ago works of the known expert in the field of N.D.Levitova's teenage psychology. The researcher believes, that «from the pedagogical point of view it is rather important to bring up at pupils so-called« the higher feelings »: moral, intellectual and aesthetic which in bolshej express to a measure an orientation of the person...», and also to form at pupils positive emotional conditions, to warn and eliminate negative emotional conditions [56]. It is represented, that orientation of criminal procedure activity to such positive influence to the minor participant of criminal trial is capable to lead to the best effect, including in achievement of the purpose of investigatory action.

Using corresponding knowledge, skills, the teacher participating in criminal trial, can help to cope to the minor with installations which complicate its participation in investigatory actions, with the negative emotions caused by those circumstances which have involved the minor criminal trial in sphere. However it is necessary to notice, that fixed in UPK the Russian Federation the model of participation of the teacher in criminal proceeding does not allow it to solve the given problems effectively. Presence of the teacher at interrogation of the minor, and even the right to set with the permission of the inspector questions, does not give the chance to the full to the participant to realise available resources for rendering of the necessary help to the minor. It as it will be shown further, caused including by that to the teacher invited for participation in investigatory action, the purpose of its participation is not clear, interests of the minor and concrete features and conditions of formation of its person are not known.

The pedagogics as a science leans in the development against psychological knowledge as in psychology the considerable place is taken away to research of age features of the person, including persons of the minor. We will specify the most essential aspects from the point of view of criminal trial of psychological knowledge.

First of all, for criminal procedure activity the knowledge of motivation of behaviour of the teenagers is important, on which the emotional excitability interfaced to mood swings, "flashes", irritability can render essential influence. It is connected as with incompleteness of formation of a habit to restrain, abilities comprehensively to estimate a situation, and with some features of physiology

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The teenage period.

In a certain situation physiological features of the teenager sometimes can promote motive and occasion formation to committing a crime, to become as though its "catalyst", however it does not mean, that they are the independent reason of acceptance for minors of the decision it to make. Such decision - always a consequence of moral deformation of the person, distortions in social development of the teenager, instead of its age features.

Age feature of the person of minors, for the criminal trial, the wrong estimation of a concrete situation is significant also; a choice as the sample to whom the teenager aspires to imitate, persons with antisocial sights and behaviour; wrong treatment of the maintenance of such concepts, as boldness, association, vzroslost (their identification with recklessness, impudence, etc.); a choice of a line of conduct in a concrete case under the influence of emotional factors without some serious estimation of its value and consequences; mistrust to workers of bodies socially-right protection minor and leading crime control [57 [58] [59].

For teenagers in following to norms of behaviour opinions of persons from the nearest environment with which the teenager is connected by joint pastime have special value. The motivation of a considerable part of offences of teenagers, as well as behaviour of many minor suspects convicted, victims, witnesses on a consequence and in court, are just connected with fear «to drop itself» in opinion of these persons [60].

Rather essential value for consequence and proceeding tactics on affairs of minors has imitation peculiar to teenagers (copying of actions and behaviour of other persons, especially senior) the raised suggestibility and a pliability to belief, arrangements, promises, threats [61].

It is represented, that the resulted positions in a sufficient measure open value of psychological knowledge for production efficiency maintenance on affairs of minors.

One of the researchers who have laid the foundation for the theory of use of psychological knowledge in criminal trial, professor A.R.ratteen is. Using starting positions of a psychological science, the author investigated laws of occurrence, formation and development of the mental phenomena which are of interest from the criminal procedure point of view. Proceeding from that indisputable position, that the mentality is a function of a brain, A.R.ratteen has developed applied science substantive provisions - legal psychology, having shown, that without knowledge of laws of the higher nervous activity and physiological mechanisms of mental processes it is impossible to understand beings of the mental phenomena and to seize methods and means of their formation and development [62], and consequently also uses in criminal procedure activity. According to the author, the judicial psychology should provide investigatory and judicial officers with the effective and scientifically proved recommendations, to promote development of purposeful receptions and the methods of their work which completely are meeting the requirements of legality [63 [64]. After A.R.Ratinovym of a problem of use of special psychological knowledge as special

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Directions of application of psychology in practice of investigatory agencies and vessels were developed by many researchers.

According to M.V.Kostitskogo, the object and a subject of psychology and object and a subject of the theory of use of special psychological knowledge in criminal trial coincide [65]. If object of legal psychology is the mentality of the person in legal regulation sphere, and a subject - mental laws of the person, its activity in legal regulation sphere as object of use of special psychological knowledge in criminal trial mental activity of mentally healthy person, and a subject - components of mental activity of the person in its integrity and unity acts, the establishment and which expert estimation matter for an establishment of circumstances on criminal case [66].

In the criminal trial psychological knowledge which, first, are necessary for an establishment of the circumstances which are coming under to proving, secondly, are actual influence a choice of tactical receptions of manufacture of concrete investigatory actions, thirdly, are considered at an estimation by the inspector, court of the received proofs and, at last, are useful at promotion of investigatory versions and crime disclosing.

First of all, integration of psychological and legal knowledge occurs at the decision of questions on responsibility of the person, ability to bear the criminal liability for the act made by it, and also at qualification of actions of the person convicted taking into account mental condition and the reasons, motives of fulfilment by it of a crime.

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Thereupon there is a necessity for definition of features of the person and the installation of the subject providing purposeful and steady character of activity carried out by it. Special value for the effective decision of the problems arising during preliminary investigation and proceeding, gets correct definition of mental condition of the person - the complete characteristic of mental activity of the person for the certain period of time, showing an originality of course of mental processes (for example, anger, affect, rage, cruelty, alarm, frustratsija, etc.) 67. The knowledge and understanding of this condition allows to judge perception to the victims convicted and the witness of event of crime, about possibility to remember those or other circumstances, truly to estimate a situation, to make adequate decision, properly to operate. Such emotional conditions as fear, the stress, affect, suffering, can be also the reason (motive), pushed to commit a crime against a life and health (murder, etc.), and also the psychological factor of decrease in ability «to the full to realise actual character and the social danger of the actions (inactivity) or to supervise over them» (ch. 1 items 22 UK the Russian Federation). Hence, knowledge of features of mental condition of the person are necessary pravoprimenitelju at the decision of questions on qualification of act.

So, a sentence of the Volga regional court of the Samara area from 21.07.2016 Ar. It is recognised by guilty of the committing a crime, provided ch. 1 items 107 UK the Russian Federation, under following circumstances. Ar. And An. Were in the car in a condition of alcoholic intoxication. Suddenly An. Began to offend unjustly Ar., and also tried to break the internal equipment of the car. Ar., trying to leave from the conflict, left the car and has approached from a passenger right door to help An. To leave the car. Having opened a door, Ar. Has seen in hand An. A knife with which last began to threaten a life and health Ar. Last, aspiring to cease aggressive actions

An., being in a condition of the cumulative affect caused by a long psychoinjuring situation, connected with behaviour of the victim, in reply to aggressive behaviour of the victim has snatched out a knife at An. And it is deliberate, for the purpose of causing of death to the last has put it a knife on a trunk, a neck and finitenesses koloto-rezanye wounds from which there has come death [67].

It is necessary to notice, that for the decision of the given questions psychological knowledge in criminal trial is used directly in the form of a method of expert psychological estimations.

The knowledge of mental condition of the person also provides possibility to develop correct tactics of carrying out of investigatory actions, to use correct receptions of influence on persons participating in them and correctly to estimate received as a result of data. As a rule, the persons involved in criminal trial as convicted, of the suspect, the victim and the witness, in particular minors, are in a condition of the emotional intensity actively influencing their behaviour.

Necessity to consider this aspect especially is underlined by authors with reference to minor victims [68 [69]. So, in view of specificity of the person of the victim, E.E.centre even has suggested to bring additional criteria of mental conditions of this participant of process depending on three basic stages of their formation: 1. The Mental conditions arising at committing a crime; 2. Mental conditions during the period from committing a crime before excitation of criminal case and investigation carrying out; 3. Mental conditions in the course of preliminary and examination during trial.

At a choice of tactical receptions of carrying out of investigatory actions and, first of all, interrogation also it is necessary to consider mental properties

Persons to whom carry temperament, an orientation of the person (requirement, interests, outlook, ideals), abilities and character.

For example, knowledge of essence of such base property of the person as the temperament, defining style of activity of the person, it is necessary for correct construction of interrogation, creation of favorable conditions and for an establishment of psychological contact with interrogated. The temperament predetermines also time necessary for different persons for the answer to put questions, and degree of detailed elaboration of the information, and even a role of the inspector in the organisation and interrogation carrying out. The information on temperament helps to assume, as the given person could behave in a certain situation, whether it is capable correctly to perceive and remember events of crime as concerns the behaviour, what position can occupy in a course

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Investigations.

Not smaller value in organizational and remedial activity of the inspector is acquired by psychological knowledge of behaviour of the person as having the natural preconditions, socially caused, mediated znakovo-semantic systems of activity. First of all, it concerns effective construction of dialogue as difficult and multiplane process of the information interchange including development of uniform strategy, perception and understanding of other person.

N.I.Gerasimenko, considering psychological features of interrogation of minors, allocates value of such factors, as:

- Psychoemotional conditions interrogated at the moment of interrogation (the calmness, agitation, feeling of shame, etc.) which can both is favorable, and negatively to affect reproduction of the information available for the person;

- Psychological protection interrogated - the special condition caused by disputed conditions of interrogation, and also the conflict [70]

Remedial interests. First of all, this condition is actual for suspected and convicted as potential subjects of the criminal liability;

- Features of the person interrogated which influence an establishment with it of psychological contact (temperament, character) and reliability of the received information (suggestibility degree, propensity to imagination);

- Ability interrogated accurately to formulate the thoughts.

Psychological knowledge of features of the person and the organisation of dialogue,

Including in the conditions of the conflict, are used as directly inspector (investigator), and by means of attraction of the psychologist to carrying out of investigatory actions. Thus the psychologist can act as the participant of legal proceeding or the adviser, helping the inspector to choose tactical receptions taking into account the developed remedial situation, to formulate questions and to think over their sequence etc.

It is necessary to note, what exactly the psychological knowledge helping the inspector (investigator) in disclosing of a crime (promotion of versions, drawing up of a psychological portrait of the suspect and the victim, the decision of a question on necessity of appointment of a certain kind sudebnopsihologicheskoj examinations etc.) in advisory, not to the remedial form are mainly used.

Important value have in the course of manufacture on business of knowledge of laws of course of the mental informative processes influencing formation of indications (sensation, perception, thinking, imagination and memory), about the psychological nature of lie as help at a choice of tactics of interrogation, and also to an estimation of reliability of indications interrogated. Thus the purposes of use of psychological knowledge depending on a remedial situation can essentially differ. So, for example, if [71 [72]

It is a question of the adult participant of process (first of all, convicted) which deliberately disguises true, knowledge of revealing and lie exposure are necessary for the inspector (investigator). If it is a question of the child, knowledge of features of children's perception and speech (correctly to ask a question, not having deformed the images stored in memory of the child, not aktsentuirovat it on unpleasant experiences or not to frighten) are necessary. When the child important both not to do much harm to him participates in criminal proceeding, and not to leave a trace for all life (a mental trauma). At the same time for the inspector (investigator) it is important to receive correct and, whenever possible, the full information as behind it there is a destiny of other person.

One of features of application of psychological knowledge is practically unlimited possibility of their direct use by the inspector or court at application of various tactical receptions. Tactical receptions represent developed by criminalistics and the optimum ways of conducting investigatory action approved by investigatory practice. By means of such receptions the establishment with the participant of process of psychological contact, neutralisation of its negative spirit to investigation and rendering on it of positive influence for the purpose of motivation to cooperation is reached. The separate attention in a remedial and criminalistic science is given working out of tactics of interrogation of minor participants of the criminal trial.

It is represented, that the knowledge of psychological and age features of minors the inspector would allow it to build investigatory versions; in due time to appoint examination; more carefully to pick up tactics of carrying out of investigatory action with participation of these persons, to estimate the received information. However professional readiness of the inspector and its concentration on the decision of problems, [73]

Defined by the criminal procedure law, do not allow it to apply knowledge in the field of psychology with exhaustive completeness and efficiency. Despite studying of corresponding disciplines in the course of reception of the higher vocational training (legal psychology,

Criminology, criminalistics), psychological (and the more so pedagogical) knowledge of the lawyer is not so system and fundamental to do without attraction of experts in corresponding branches of a science. Also it is a question not only of the questions solved by the inspector (court) by means of appointment and carrying out of examination, and the parties - by means of the reference to the expert behind conclusion reception.

In the literature also it is noticed, that presence of own knowledge does not reduce necessity of attraction of the qualified expert what the teacher or the psychologist is, for the decision most challenges [74 [75]. Special value gets qualitative psychological support

Investigations of crimes on the affairs made concerning minors or with participation of minors. It is no casual in UPK the Russian Federation obligatory participation of the teacher (psychologist) in investigatory actions, and also possibility of attraction of these persons under the decision of the inspector is provided. S.A.Shejfer, considering a question on acceptance by the inspector of the similar decision, has underlined expediency of attraction of the teacher in a situation, «if features of the person interrogated (the teenager maloobshchitelen, will close, etc.) complicate an establishment with it of psychological contact».

A variety and volume of the psychological knowledge claimed in criminal trial, and also the different purposes for which they are used, dictate a variety of forms of their use which will be separately considered by us. But before we will dare to note actual for criminal trial a problem of differentiation of pedagogical and psychological knowledge.

The analysis of essence of the pedagogical and psychological knowledge claimed in the criminal trial undertaken by us, shows, that they are not identical. E.M.Kochnev obosnovanno, in our opinion, differentiates distinctions in their use in educational space. She notices, that the psychologist works with emotionally-motivational sphere of the person of the child which is considered as base, basic for personal development. The teacher influences, first of all, (and sometimes and only) on kognitivnuju sphere, i.e. system of the mental functions providing reflexion, knowledge the subject of phenomena of the objective world, i.e. the natural and social environment. The psychologist on the basis of diagnostic activity can give scientifically proved information on tactics and approach strategy to children, and the teacher - the information on features of behaviour of children.

E.B.Melnikova has noticed, that the psychologist though the question on backlog in development, especially offenders of a younger age subgroup, professionally is closer to the teacher [76 [77] is necessary for the account of psychological features of the person of the minor.

These reasons are in many respects fair for differentiation of spheres of application of pedagogical and psychological knowledge in remedial activity.

It is obvious, that a question of distribution of powers of the teacher and the psychologist involved in investigatory actions with participation of minor persons, should dare taking into account a complex of factors:

- The purposes for which achievement the teacher or the psychologist is involved;

- Features of the person of the participant of process, level of its development and age (victims and witnesses juvenile children often are);

- The developed situation of dialogue of the official and the minor (disputed or frictionless situation);

- Legal status of the person (for the victim, as a rule, legal proceeding conditions are more psychoinjuring).

Thus, the analysis of character and essence of a professional knowledge of the teacher and the psychologist allows to carry these participants of process to experts, and also to draw a conclusion on a qualitative originality of the pedagogical and psychological knowledge used for the decision of various problems during criminal trial.

The nature of considered special knowledge causes their special demand by manufacture on criminal cases with participation of minors. Thus conceptual idea is necessity of maintenance to minor participants of process taking into account psychophysiological features of such persons of the help of the expert in the field of pedagogics and psychology for the purpose of levelling of psychoinjuring influence on the person of the teenager (child) of procedure of legal proceedings.

1.3.

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A source: Demkina Maria Sergeevna. TEACHER (PSYCHOLOGIST) AS the PARTICIPANT of the CRIMINAL TRIAL: the PRE-JUDICIAL STAGE. The dissertation on competition of a scientific degree of the master of laws. Samara - 2018. 2018

More on topic the teacher and the psychologist as experts. Features of pedagogical and psychological knowledge as versions of special knowledge:

  1. Forms of realisation of pedagogical and psychological knowledge in the criminal trial
  2. § 1.2. A place and a role of medical knowledge in system of legal and special knowledge. Subjects of medical knowledge
  3. use of pedagogical and psychological knowledge as an element juvenalnoj justices
  4. Application of pedagogical and psychological knowledge in history of domestic criminal trial
  5. Chapter 1. Development of representations about application of pedagogical and psychological knowledge in domestic criminal trial
  6. features of use of special knowledge in activity of the parties and their representatives on affairs about offences in sphere of information technologies
  7. sources of military-psychological knowledge: approaches to the analysis and an estimation
  8. § 4.2. Special building-technical knowledge
  9. a role of own special knowledge of arbitrators
  10. § 1. Essence of special knowledge and classification of their use in the criminal trial