Problematic issues of using a polygraph in the detection, disclosure and pre-trial investigation of criminal offenses

Abstract

This article retrospectively studies the genesis of emergence and improvement of legal norms on the grounds, necessity and possibility, as well as the theory and practice of using the polygraph in Ukraine in various areas of management and personnel work, in civil, economic, administrative legislation and process, as well as in particular in commercial activity, conditions for emergence and creation of a market for its production, import and the system of fulfilling orders for its use in psychophysiological studies. National regulatory and licensing requirements for the use and prohibition of the use of the polygraph for certain subjects, time issues of application, and in various areas of activity in Ukraine are established, as well as qualification requirements for the positions, rights, duties and powers of psychologists-polygraph examiners who have the right to conduct psychophysiological studies and conduct forensic psychological examinations in criminal proceedings, and state standards for the grounds, requirements and algorithm of their actions when conducting the specified studies are clarified. Separately, problematic issues of using the polygraph in carrying out operational-search measures and in criminal proceedings were studied, in particular in the preparation, appointment and conduct of forensic psychological examinations, and in conducting individual investigative (detective) actions. Based on the results of the study, proposals and recommendations were developed for improving the theory of forensics, criminal process, forensic expertise, psychology and other branches of knowledge in the researched area, as well as the legal framework. In particular, attention was focused on the conceptual change in the text of the Law of Ukraine: On Judicial Examination (№. 4038-XII dated on February 25, 1994) that does not meet modern requirements of forensic science, criminal law and procedure, law enforcement activities in combating criminal offenses and the work of forensic science institutions taking into account the latest achievements of science and technology, and in particular the use of the polygraph. On the same issues, proposals were made for making relevant amendments to the current Criminal Procedural Code of Ukraine.