ISSN 2410-3594
e-ISSN 2786-7382
UDC 34; 159.9
Scientific Journal of the National Academy of Internal Affairs
- polygraph, polygraph, polygraph specialist, expert, special knowledge, forensic psychophysiological examination
- https://doi.org/10.33270/01211203.7
- Pages 7-15
The purpose of the study is to highlight a topical issue related to the admissibility and evidentiary nature of the results of psychophysiological studies using a polygraph. Methodology. The methodological tools are chosen taking into account the goal, the specifics of the object and subject of research. The methodological basis was a general dialectical method of scientific knowledge of real phenomena and their relationship with the theory and practice of using the results of research using a polygraph. Also special research methods, namely: the method of system analysis, comparative law, system-structural and forecasting method. Scientific novelty. The scientific opinion on the essence of the positions of admissibility and provability of the obtained results of psychophysiological research with the use of a polygraph, which in combination with other data can serve as evidence in open criminal proceedings, is substantiated. Conclusions. The scientific position is substantiated that the basis of reliability of the conducted psychophysiological researches with use of the polygraph is formed by such components as accuracy and reliability. They relate to each other because they are shades of the same thing, but are not considered identical concepts. Each of them performs its content load, which together provides verification of the obtained research results. In turn, the reliability correlates with the reliability and accuracy of the results obtained due to the quality of research performed by a polygraph examiner, and especially in the issue of forensic psychophysiological examination using a polygraph. The above components provide admissibility as a property of the evidence that characterizes it in terms of the legality of the source of factual data (information, information), as well as methods of obtaining and forms of consolidation of factual data. Accordingly, the evidence is considered admissible if it is obtained legally. Given that the forensic psychophysiological examination with the use of a polygraph is an orderly activity, in compliance with all procedural requirements, respectively, the results obtained by it may well have the status of procedural evidence
References
[1] Dufeniuk, O.M., & Kuntii, A.I. (2016). Judicial practice of evaluating the results of the use of a polygraph at the stage of pre-trial investigation. Legal Scientific Electronic Journal, 2, 119-121.
[2] Gołaszewski, M. (2019). Report from the 54th Seminar of the American Polygraph Association. European Polygraph, 13(3(49)), 161-165. doi: 10.2478/ep-2019-0012.
[3] Groshevy, Yu.M., & Stakhivskyi, S.M. (2006). Evidence and proof in the criminal process. Kyiv: KNT; Fursa S.Ya.
[4] Horvath, F. (2020). A hundred years of polygraphy: Some primary changes and related issues. European Polygraph, 14(1(51)), 30-43. doi: 10.2478/EP-2020-0007.
[5] Kholodnyy, Iu.I. (2004). Accuracy of a conclusion on results of psychophysiological research with application of the polygraph on an example of work in real conditions. Retrieved form http://www.liedetector.ru/pub/ pub17.php.
[6] Komissarov, V.I., & Kholodnyy, Iu.I. (2018). Polygraph as a means of obtaining procedurally significant information on criminal law. Retrieved from http://web1.law.edu.ru/article/article. asp?articleID=148693
[7] Komissarova, Ia.V. (2005). Results of psychophysiological research with the use of polygraph as a proof in the corner process. Angle Process, 5, 58-65.
[8] Komissarova, Ya.V. (2000). Precedent for recognizing the conclusion of a polygraph examiner as a document – a source of evidence. In Theory and Practice of Using the Polygraph in Law Enforcement: Proceedings of the 4 International Scientific and Practical Conference (pp. 11-104). Kyiv: National University. Sochi: GUVD Krasnodar.
[9] Kormos, М. (2017). Polygraph examinations in the department of special psychology of the ministry of the interior of the Slovak Republic – a retrospective view. European Polygraph, 11, 3(41), 120-127. doi: 10.1515/ep-2017-0012.
[10] Kovalchuk, S.O. (2001). Polygraph as a non-traditional forensic tool and the possibility of its use in criminal proceedings. In Actual Problems of Criminology: Proceedings of the Scientific and Practical Conferense (pp. 92-100). Donetsk: Donetsk Internal Military Institute of the Ministry of Internal Affairs of Ukraine.
[11] Motliakh, O.I. (2011). Psychophysiological examination using a polygraph as a possible source of evidence. Law and Public Administration, 4, 117-120.
[12] Motliakh, O.I. (2012). Admissibility of use in proving factual data obtained by polygraph. In Special Equipment in Law Enforcement: Proceedings of the 5th International Scientific and Practical Conference (pp. 31-34). Kyiv: National Academy of Internal Affairs.
[13] Motliakh, O.I. (2012). The place of the results of polygraph research in the system of providing evidence in criminal proceedings. Scientific Bulletin of Uzhhorod National University, 19(4), 147-149.
[14] Motliakh, O.I. (2012). Polygraph: The scientific nature of the origin, regulatory and legal regulation and acceptable limits of application. Kyiv: Education of Ukraine.
[15] Nichiporenko, T.Iu. (2008). Application of the polygraph in the proof of criminal cases: The view of the proceduralist. Criminal Procedure, 3, 45-48.
[16] Shapovalov, V.O. (2012). Method of determining the psychological characteristics of reliability/unreliability of indications in legal practice. Kyiv: Kafedra.
[17] Shapovalov, V.А. (2015). Methods of psychological assessment of the reliability of testimony in legal practice. Kyiv: Education of Ukraine.
[18] Slowik, S.M. (2020). Critical changes over the 100 year evolution of polygraph practices. European Polygraph, 14(1(51)), 50-57. doi: 10.2478/EP-2020-0010.
[19] Strokov, I.V. (2005). Problems of polygraph application in crime detection and expert research. In Special Equipment in Law Enforcement: International Scientific and Practical Conference (pp. 159-163). Kyiv: National Academy of Internal Affairs.
[20] Tertyshnik, V.M., & Slinko, S.V. (1998). Theory of evidence. Kharkov: Arsis.
[21] Widacki, J., & Szuba-Boron, A. (2017). Polygraph examinations of civil servants in Poland. European Polygraph, 11(1(39)), 15-23. doi: 10.1515/ep-2017-0002.