Directions for Improving Legal Support of Vocational Training of Forensic Experts in Ukraine

Vocational training of forensic experts plays an important role in their professional activities. It directly affects ability of these experts to draw qualitative and objective forensic expert conclusions to provide the State law enforcement system with the necessary evidence in courts. High level of professional training increases their efficiency. Moreover, a well-established system of professional education has a positive effect on adaptation of new employees to the specific conditions of forensic science, and it accelerates the process of acquiring specific expertise and practical skills.

A professionally untrained expert cannot successfully use equipment available in laboratories, objectively draw up a forensic expert conclusion and provide comprehensive answers to questions. Professional readiness to perform functional duties in combination with specific expertise, skills and abilities does not automatically arise in graduates of higher education institutions but is purposefully and systematically formed throughout forensic expert professional activity. Postgraduate education becomes an important stage in the specialist’s continuous improvement of their specific expertise, skills and abilities, mastering new forensic expert specialisation. Progress forces specialists to professional development.

A forensic expert is a procedural person. Forensic expert conclusions are an important type of evidence in courts. This imposes certain requirements among which is the appropriate level of their professional training. Therefore, this training, followed by certification for the right to conduct forensic research in certain forensic expert specialisations, should be regulated by the State and be under its direct control, regardless of whether forensic expert works in a State specialised institution or belongs to the category of professionals who are not their staff.

Systematicity, consistency, combining theory with practice, regulations and control of the professional level of forensic experts by the State should be the basis of their professional training. This requires development of modern progressive system of training of forensic experts as a procedure, its legal consolidation, in order to form a high level of training as a quality that should lead to timely provision of law enforcement system quality and objective forensic expert conclusions.

Such scientists as N. M. Tkachenko, O. M. Kliuiev, E. B. Simakova-Yefremian, I. A Petrova, O. V. Agapova, and O. V. Kurdes paid attention to the issue of improving training of forensic experts in Ukraine. K. Palkova and O. Agapova carry out research for the use of open educational resources in training forensic experts. Therefore, it is obvious that the process of training a future forensic expert covers several stages of training and combines different degrees of difficulty of the training programme. New challenges related to technological progress impact the education of forensic experts and require new and unique skills (Palkova, Agapova & Zīle, 2021).

Given these scientists’ best practice, the purpose of this article is to outline the main directions of improving the legal framework for training forensic experts in Ukraine that should become scientific basis for reforming the entire system of training of this category of professionals, regardless of whether they work in state specialised institutions or independently perform forensic science activity.

Currently Ukraine is heading for full accession to the Commonwealth of European Countries and building a rule of law in Ukraine where human rights are guaranteed by law. Compliance of state legislation with international norms and European standards should become prerogative of rule-making activities. Regulation of professional training of forensic experts that provides State law enforcement bodies by forensic research conclusions and who are procedural persons in legal proceedings should be regulated and simultaneously comply with the international norms.

In accordance with Art. 16 of the Recommendations on Vocational Guidance and Training in Human Resources Development of the International Labor Organisation No. 150 dated on June 23, 1975 (Rekomendatsii Mizhnarodnoi orhanizatsii pratsi, 23.06.1975) (hereinafter referred to as ILO Recommendations No. 150 dated on June 23, 1975) defined types of vocational training: initial training (for persons who have no work experience or have little experience); further training (for the purpose of advanced training), retraining (in case of obtaining a new qualification in another field of professional activity); further education (complementing existing education); on-the-job training on occupational safety and health; obtaining information about the rights, responsibilities of employee and his social security. It is worth noting division of further training to improve skills performed in order to improve knowledge within one specialisation and further training carried out to obtain new knowledge within one specialty. According to Art. 18 of the ILO Recommendations No. 150 dated on June 23, 1975 initial training consists of: general training (divided into theoretical training and practical training); basic education; area of specialisation (specifying existing specialisation); introduction to working environment.

In Ukraine, the Law On Professional Development of Employees (Zakon Ukrainy, 12.01.2012) regulates the structure of vocational training. Thus, for categories of managers and professionals the following types of training are provided: retraining, internships, specialisation and advanced training. However, this Law does not provide definitions of these types of training that is its significant shortcoming.

The Law of Ukraine On Education (Zakon Ukrainy, 05.09.2017) defines the general structure of education in Ukraine that includes vocational training; postgraduate education; retraining and/or advanced training courses; continuous professional development. The law provides for continuous professional development of a person after obtaining higher and/or postgraduate education, as a continuous learning process in order to improve professional knowledge, skills and abilities. Article 18 of the Law defines the structure of postgraduate education, which consists of specialisation (specialised training within area of specialisation); retraining (education aimed at mastering another profession); advanced training (acquisition of new and/or improvement of existing specific expertise within a certain field of knowledge); internship (gaining practical experience in a particular professional activity).

Professional training of forensic experts under the control of the Ministry of Justice of Ukraine (hereinafter referred to as Мinjust) is regulated by the Regulations on the Central Expert Qualification Commission under the Ministry of Justice of Ukraine and certification of forensic experts (Nakaz Ministerstva yustytsii Ukrainy, 03.03.2015) (hereinafter referred to as Regulations on CEQC). According to Section III of the Regulations on CEQC, professional training of forensic experts consists of training and internships. As a shortcoming, it should be noted that the Regulations on CEQC do not contain an interpretation of the terms training and internship. In accordance with paragraph 1 of Section III of this Regulation, training (internship) of forensic experts is conducted in order to obtain and/or confirm the qualification of a forensic expert in training programs on theoretical, organisational and procedural issues of forensic science and relevant expert specialisation. Due to the analysis of this norm, it can be concluded that professional training of forensic experts consists of training and internship, as well as two stages of the educational process: course on theoretical, organisational, procedural issues of forensic science and relevant expert specialisations. Based on the general norms of administrative legislation, internship of forensic experts should be understood as practical training in certain expert specialisations.

Therefore, the current Regulation on the Central Expert Qualification Commission under the Ministry of Justice of Ukraine and certification of forensic experts in terms of legal regulation of professional training of forensic experts are considered imperfect and in need of revision towards improvement.

E. R. Rosinskaya offers a classification of forms of professional training of forensic experts: 1)

traditional expert training consisting of two parts: professional training in a higher education institution, and postgraduate education in certain expert specialisations;

In Ukraine, training of forensic experts in higher education institutions is provided to the Ministry of the Interior and the Ministry of Healthcare. Training of forensic experts under the control of the Ministry of Justice is carried out according to the so-called “traditional” system. Use of two forms of professional training of forensic experts is considered the most optimal. Thus, training for popular expert specialties should be carried out in higher education institutions and for less popular in postgraduate courses after receiving a diploma of higher education in a particular specialty corresponding to the expert (Rossinskaia, 2019). This requires the regulatory and legal settlement of this issue at the level of the Cabinet of Ministers of Ukraine. This is the first direction of improving legal support of professional training of forensic experts in Ukraine. Introduction of a new specialisation Forensic Science in Ukraine that should provide professional training in higher education institutions requires research used by J. Almirall and K. G. Furton. Thus, scientists give an example of accreditation of training programmes for forensic experts in the United States: “The American Academy of Forensic Sciences (AAFS) formed a group in late 2001 to continue the work of the TWGED by organising an accreditation commission for academic programmes in forensic science… The primary function of the committee is to develop and maintain standards and administer an accreditation programme that recognises and distinguishes high quality undergraduate and graduate forensic science programmes” (Almirall & Furton, 2003). It is impossible to disagree with L. Quarino and T. A. Brettell who emphasised that “with the development of the an accreditation system, forensic science education has improved dramatically in the last decade and continues to do so” (Quarino & Brettell, 2009).

The second direction of improving professional training of forensic experts should be to improve the structure of postgraduate education in accordance with the general norms of international and Ukrainian law. The procedure for organising professional training of forensic experts should be derived from the Regulation on CEQC and regulated by a separate legal act for the following reasons: 1)

the main task of the Regulation on the CEQC is to certify forensic experts for the right to conduct expert research and resolve the issue of bringing them to disciplinary responsibility, which is quite sufficiently regulated;

The following structure of postgraduate education of forensic experts has been proposed: 1)

initial vocational training (conducted to obtain the qualification of a forensic expert in a particular expert specialisation);

Each type of postgraduate education should consist of two courses of vocational education: 1)

first course: training on theoretical, organisational and procedural issues of forensic science;

In turn, training in a certain expert specialisation is proposed to be divided into two components: theoretical part for a certain expert specialisation and internship. V. V. Bondarenko defines internship as professional training conducted after theoretical training within a certain specialty in order to form and consolidate professional competencies in practice (Bondarenko, 2018). Thus, internship, as an integral part of training in a particular expert specialty, is a systematic practical training under guidance of an experienced specialist, which aims to acquire knowledge, skills and abilities to conduct expert research in the relevant expert specialisation.

Vocational education of forensic experts is an ongoing process aimed at acquiring new specific expertise, skills and abilities to perform expert research. I. V. Shrub proposes to allocate a separate type of training, the so-called “service training”, that in his opinion should be planned, aimed at consolidating and updating existing knowledge, skills and abilities (Shrub, 2016). After undergoing initial vocational training, advanced training or retraining, forensic expert should continue to study legislation related to forensic science activities, new methods of expert research, special literature, etc. This issue should be solved by introduction of specialised training in the system of postgraduate education of forensic experts carried out continuously regardless of the time of their initial professional training, advanced training or retraining.

Vocational training specifics of forensic experts should be the subjectivist principle of its organisation that combines individual and group approach to vocational training (Kovalchuk, 2016). The group approach means possibility of conducting classes on theoretical, organisational and procedural issues of forensic science, as well as lectures on types of expert specialisation with a wide range of professionals. Individual approach means training with each specialist in a particular expert specialty. In addition, an individual approach means organising a learning process with each professional depending on the level of their professional knowledge, skills and abilities. Individual approach also means additional training of forensic experts who have undergone initial professional training in other domestic and foreign institutions of forensic science and criminalistics.

The conclusions of S. Köpsén and S. Nyström, who emphasise “becoming a forensic expert is a learning process in practice where supervision plays a decisive role in maintaining the professional knowledge in the judicial system” (Köpsén & Nyström, 2012), deserve attention and should be embodied in the training of forensic experts.

While organising vocational education of forensic experts, the principle of dividing all types of this training into two parts – theoretical and practical – should be observed (Pokaliuk & Nesterenko, 2016). This applies to training in theoretical, organisational and procedural issues of forensic science, as well as training in certain expert specialisations. Theoretical part is needed if it is necessary for a forensic expert to perform their practical duties. In addition, theoretical and practical parts of the training should be in a harmonious combination where theory is the basis of practical activities of a forensic expert. This applies to training in a specific expert specialisation which should consist of the theoretical part of training in the expert specialisation and internship carried out in availability of theoretical foundations of expert research methods.

Continuity of professional training (Ildiko, 2019) is the next principle of professional training of forensic experts. Primary vocational training; advanced training at regular intervals; retraining in case of obtaining qualification of a forensic expert in another expert specialisation; profile specialised training carried out constantly and self-training create a balanced system of professional training of a forensic expert. This allows forensic expert to consolidate their existing specific expertise, skills, abilities and master new ones.

Introduction of innovative methods in professional training of forensic experts will accelerate process of acquiring new knowledge, skills and abilities, significantly improving the quality of their training (Protsevskyi, 2014). Interstate cooperation in the field of professional training of experts is one of the conditions for raising professional level of experts. It is better if this cooperation is not one-time but is mainatined in accordance with concluded interstate agreements in the field of forensic science, as well as direct agreements between forensic science institutions of different countries (Simakova-Yefremian et al., 2018). Conducting classes by video conferencing by foreign professionals; exchange of scientific, educational literature and methods of expert research; development of video materials of methods of expert research; joint conferences, symposia and workshops are not a complete list of international cooperation in the field of vocational training of forensic experts (Kurdes, 2021c).

Special attention needs to be paid to the normative regulation of the issue of adaptation and acceleration of vocational training of hired experts. This problem can be solved by introducting a mentoring institute in the system of vocational training of forensic experts practiced by leading domestic and foreign companies. In addition, a mentoring institute can be introduced for retraining and advanced training of forensic experts with experience. After all, training under guidance of an experienced professional will significantly accelerate assimilation of new material in accordance with the training programmes. Mentoring will have a positive impact on improved productivity for professionals of forensic institution staff due to reduced adaptation time to specific working conditions of forensic activities; accelerating the process of acquiring new knowledge, skills and abilities; saving working time of the institution management for training and supervision of professionals qualified as forensic experts in a particular expert specialisation (Kurdes, 2021a, 1021b). The main condition for successful functioning of mentoring institute is the development of a mechanism to encourage mentors depending on the results of mentee vocational training. Material component of this incentive should be a priority.

Another direction of improving regulatory and legal support for training of forensic experts should be regulating the procedure for internships. Thus, in Ukraine internship of forensic experts is conducted for: 1)

obtaining (confirmation) qualification of a forensic expert in a certain expert specialisation in accordance with the Regulation on CEQC (Nakaz Ministerstva yustytsii Ukrainy, 03.03.2015);

It should be noted that procedure for conducting internships for forensic experts under control of the Ministry of Justice of Ukraine is not regulated. If the internship to obtain or confirm the qualification of a forensic expert is stipulated by the Regulation on CEQC, in accordance with the annual Plan of the Ministry it is not provided by any legal act. Currently it is important to develop the procedure for internships of forensic experts as a practical part of vocational training taking into account domestic and foreign experience. In forensic science of the Ministry of Justice of Ukraine, it is necessary to create training bases for certain expert specialisations, the list of which should be approved by the Ministry. The condition for functioning of such bases should be availability of highly qualified forensic experts with experience in the expert specialisation for at least three years and a developed material and technical base of practical laboratories.

Specifics of forensic science activity are related to psychological stress on forensic experts during expert research. Thus, being at the scene, conducting a review of physical evidence has a certain negative impact on human psyche. Introduction of psychological training in the system of professional training of forensic experts should improve this situation. In addition, such training will significantly accelerate the process of adaptation of new professionals to the specific working conditions of forensic expert, improve moral and psychological climate in the team and promote creation of corporate culture in the forensic institution. Psychological training should take place in practical classes with the use of innovative technologies, methods and interactive forms of learning; for instance, trainings simulations and business games to name a few. Professionals from psychological research laboratories of state specialised institutions, as well as professionals from higher education institutions and specialised institutions (Kurdes, 2021) can be involved in classes.

An example of successful reform of the system of professional training of forensic experts is creation in National Scientific Center “Hon. Prof. M. S. Bokarius Forensic Science Institute” of the Ministry of Justice of Ukraine of Department of Professional Development (hereinafter referred to as the Department), the main tasks of which are to organise professional training of forensic experts of state specialised institutions and forensic experts who are not full-time employees of these institutions. Thus, the department has a license to conduct educational activities in postgraduate education in the field of knowledge: 08 Law in the specialisation: 081 Law in the educational programme: Theoretical, organisational and procedural issues of forensic science. Order No. 256-L of the Ministry of Education and Science of Ukraine dated on November 23, 2020.

According to the Regulation, the department performs the following functions: 1)

management of classes on theoretical, organisational and procedural issues of forensic science, as well as for certain expert specialisation of forensic experts of state specialised institutions and professionals who are not employees of these institutions;

Conducting classes with the teaching staff of National Scientific Center “Hon. Prof. M. S. Bokarius Forensic Science Institute” is based on the principle of interactive vocational education, consisting of individual approach to each student, flexibility, providing an opportunity to choose the direction of the learning material, teacher-student cooperation, student activity. Successful implementation of the training programme contributes to intrinsic cognitive motivation, mastering new specific expertise and skills, ability to plan the learning process, ability to self-organise and self-control.

Gateway to successful educational process is its proper logistics that should be considered within two criteria – qualitative and quantitative. Classes should be held in equipped training and laboratory facilities. Students should have access to library funds of forensic science institutions. Provision of educational and methodological literature, computer and other organisational equipment is an important condition for vocational training quality of forensic experts. Material and technical measures are ancillary to educational process. However, without proper level of this provision, it is impossible to manage vocational education of the future specialists being able to conduct expert research and provide comprehensive answers to questions. Logistical support for training of forensic experts depends on available material resources that can be classified as follows (Subbot, 2012): 1)

material ones: educational and laboratory premises, special equipment and devices, special and scientific literature, stationery, etc.;

Development of material and technical base for vocational training of forensic experts should be planned and consist of the following (Zhuk, 2016): 1)

strategy design for development of material and technical base for vocational training of forensic experts and implementation of appropriate measures;

Material and technical measures depend on financial measures that are part of the system of financial relations of state and depend on centralised distribution of budget funds. The purpose of financial measures to ensure vocational training of forensic experts is to provide forensic science institutions with sufficient financial resources for professional training of forensic experts. Thus, funds for vocational training of forensic experts come to the subjects of this training in two areas: 1)

budget financing;

The funds received on special account of forensic science institutions for vocational education of professionals who are not employees of state specialised institutions should be spent to cover overhead costs associated with educational process and development of material and technical base of vocational training.

Particular attention needs to be paid to improving structure of administrative and legal support for vocational training of judicial experts under the control of the Ministry of Justice of Ukraine. Currently there are the following levels of subjects of administrative and legal support for vocational training of forensic experts: 1)

general level: Ministry of Justice of Ukraine;

In the Ministry of Justice of Ukraine, administrative and legal support of vocational training of forensic experts is provided by the Department of Expert Support of Justice (hereinafter referred to as the Department) and its structural unit – the department of the Central Expert Qualification Commission at the Ministry of Justice of Ukraine. At the general level (Ministry of Justice of Ukraine), normative work is carried out on administrative and legal support of professional training of forensic experts under the control of this Ministry, general management of their vocational training and control over the state of this training (Postanova Kabinetu Ministriv Ukrainy, 02.07.2014). It necessary to reorganise the department of the Central Expert Qualification Commission under the Ministry of Justice of Ukraine and create a department for vocational training of forensic experts and organise work of the Central Expert Qualification Commission under the Ministry of Justice of Ukraine.

Particular attention needs to be paid to reforming and improving professional training of forensic experts at territorial level, which includes research institutions of forensic science and their territorial branches that directly conduct professional training of forensic experts and state specialised institutions and non-employees of these institutions. As a positive experience of National Scientific Center “Hon. Prof. M. S. Bokarius Forensic Science Institute” of the Ministry of Justice of Ukraine in terms of creating specialised units for professional training of forensic experts licensed by the Ministry of Education and Science of Ukraine for postgraduate education, such units should be established in each forensic science institution through expansion of their powers in vocational training of forensic experts.

Formation of highly qualified forensic experts should be facilitated by introduction of a modern model of vocational training in the educational process consisting of the following (Kademiia, 2008): 1)

in the center of educational process: personality;

Availability of a motivating factor during the study process is a powerful incentive for students to master new specific expertise, skills and abilities. Motivational factors include: interesting and meaningful information, relevance of learning topics and its practical significance, use of innovative learning technologies, self-esteem and self-knowledge. Use of training in the educational process is one of the effective methods of vocational training if logical communication, collective discussion, self-analysis and self-comparison have been used (Lukianova, 2012).

To improve the training of forensic experts in Ukraine, there is an urgent need to improve administrative and legal support of this training. The current Regulation on the Central Expert Qualification Commission under the Ministry of Justice of Ukraine and the certification of forensic experts on conducting vocational training of forensic experts is imperfect. It is important to develop and adopt a separate legal act that should clearly regulate the procedure for vocational training of forensic experts, taking into account domestic and foreign experience.

Reforming and developing the vocational training system of forensic experts under the control of the Ministry of Justice of Ukraine should be carried out in two directions: traditional training system that consists of two parts: professional training in higher education and obtaining higher education majoring in Forensic Science. Simultaneously, training of experts by higher education institutions should be carried out in relation to the most popular expert specialisations. Improving the structure of postgraduate education of forensic experts in accordance with general norms of international and Ukrainian legislation is a necessary condition for raising professional level of forensic experts. A specific structure of postgraduate education of forensic experts is proposed that should consist of initial vocational training(for obtaining qualification of a forensic expert in a certain expert specialisation), advanced training (to confirm the qualification of a forensic expert at statutory intervals), retraining expert specialisation is conducted to obtain another expert specialisation), specialised training (conducted constantly to study the legal framework of forensic science and new professional readings).

To adapt and accelerate vocational education of hired experts, it is necessary to introduce mentoring institute in the system of vocational training of forensic experts. Mentoring can be introduced for forensic experts undergoing advanced training or retraining. Given the specifics of forensic science, associated with psychological stress during expert research, it is advisable to introduce psychological training in the system of professional training of forensic experts that will accelerate the adaptation process of new professionals to specific working conditions of forensic science and improve morale an ambiance in the team.

Adequate logistical support for training of forensic experts is an important condition for such training. For this purpose, budget from the special fund of forensic science institutions that come from legal entities and individuals for professional training of specialists should be used.

Reforming the structure of subjects of administrative and legal support for professional training of forensic experts is a current requirement for both staff of the Ministry of Justice of Ukraine and research institutions of forensic science that directly conduct vocational training of forensic experts. Using the positive experience of National Scientific Center “Hon. Prof. M. S. Bokarius Forensic Science Institute” of the Ministry of Justice of Ukraine on creation of a specialised unit of professional training of forensic experts should be extended to entire Ukraine.