Norwegian Journal of development of the International Science No 55/2021
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JURISPRUDENCE УДК 343.85 HOLISTICS OF CRIMINAL KNOWLEDGE Komisarchuk R. Associate Professor, Candidate of Law, Associate Professor of the Department of Criminalistics of the National University "Odessa Law Academy"
Abstract The article identifies some components of the epistemological principles of criminalistics, as the doctrine of criminalistic knowledge, on the basis of which it is possible to develop a set of scientifically based practical recommendations for improving the effectiveness of criminalistic science based on the analytical paradigm. In criminalistics, the problems of general theory (the doctrine of knowledge) are not revealed, but without this criminology risks disappearing as a science. Epistemology can combine the essence of natural, humanitarian and cognitive complexes associated with various past and present criminalistics practices and form a technology for combating crime - criminalistic technology. After all, one of its constituent elements is holistics. The subject of this research is relevant for the further development of forensic scientific knowledge and for forensic investigative, prosecutorial and expert practice. Keywords: general theory of criminalistics, epistemological bases of criminalistics, doctrine of criminalistic technology, concept of criminalistic knowledge, holistics of knowledge. Introduction. With the help of criminalistics, humanity declares its claim to solve the issues of detection, investigation and prevention of criminal offenses (crimes and misdemeanors) consciously, intelligently and rationally. Therefore, the issues of criminalistic knowledge remain relevant for criminalists, that is, organically related to their cognitive intentions in law enforcement activities. Therefore, the purpose of the article is to identify the epistemological principles of the formation of criminalistic knowledge, and for this purpose it is necessary to define them and indicate their integrity. The more criminalists have thought about the problem of criminalistic knowledge and criminalistic cognition, the more empirical material has been accumulated on the practice of combating crime, the more misunderstandings and complications arise. And this continuous reflection of criminalistics is a general condition of criminalistic thinking [1-6]. So, on this base the next question raises: what is the starting point for criminologists' reflections on the problems of criminalistic knowledge and criminalistic cognition? We believe that the starting point of these reflections is their lively, actual perception of reality. After all, we are talking primarily about natural and direct experience, "flair" of law enforcement officers, which they experience in the process of carrying out their law enforcement activities, and especially during the detection, investigation and prevention of criminal offenses. And no matter how scientists glorify different concepts, terms, etc., and no matter how much they abstract them from sensuality, they will always be accompanied by figurative representations. In addition, the surrounding environment, and even more so if it is a criminogenic environment - this is the representation of a particular person (law enforcement officer) - this is the truth that has power for every living person who knows because only a person can reduce it to reflexiveabstract consciousness, and if he really does, then a
criminalistic view of things is born in him which causes the infinity of criminalistic knowledge. "In many individual psychological subjects, regardless of their empirical characteristics, there is something identical and experienced (a priori), so that they form the object of knowledge in the same way and recognize it. [7, р. 287] " Therefore, "perhaps we still reflect something more than purely material things and processes, and constructively operate in the ideal-informational plan with something greater than the semantic products of our purely human subjectivity!"[7, рр. 357358]. V.F. Petrenko proceeds from the idea that «knowledge is not a reflection" of reality, but is constructed by the subject on the basis of experience of interaction with the world and depends on the motivation of the subject of cognition, language of description, operational means, etc, which is ultimately determined by the culture of society and the personal characteristics of the subject of knowledge, his "picture of the world» [8, р. 82]. Therefore, in the study of criminalistics, it is equally important to combine empirical, rational, intuitive, deductive cognition and rely on grammar, psychology, logic and other cognitive sciences. Like any branch of scientific knowledge criminalistics does not recognize the absolute stability of any knowledge, but its vocation is to form new criminalistic knowledge for the formation of a "criminalistic consciousness" in law enforcement officers who fight against crime. Therefore, the rational knowledge is given a leading place in criminalistic knowledge. All the provisions of criminalistics must receive empirical confirmation, theoretical evidence. That is why the features of academic criminalistics meet many analytical criteria. The epistemology of criminalistics makes it possible to pay attention to how criminalistics shapes the technology of combating crime, acquires, forms and
