The dissertation provides a scientific generalization of the current capabilities of DNA analysis in the investigation of criminal offenses, clarifies the state and prospects of its legal regulation and organizational support and develops theoretical provisions and practical recommendations on the legal and organizational principles of forensic DNA analysis.
Based on the results of the study, it was found that the current state of scientific research on the issues of forensic DNA analysis in Ukraine is insufficient. This is due to the lack of scientific and educational literature in which this area of forensics is considered systematically. There are no dissertation studies on this topic in forensics. There are no relevant sections in most textbooks and manuals. At the same time, the realities of investigative and expert practice emphasize the importance of further research in this area. The situation contrasts with the state of scientific support for forensic DNA analysis in leading democratic countries, and therefore requires significant improvement through comprehensive scientific generalizations to form a holistic view of this section of forensic technology.
It is stated that the path of formation and development of forensic DNA analysis included several stages which can be differentiated depending on the technological level and the state of legal regulation. At the technological level, these are: the stage of formation of the prerequisites for DNA identification (1900-1985), when the technological basis for the introduction of methods for studying individual genetic characteristics of a person was created; the current stage (from 1985 to the present), which began directly with the introduction of DNA analysis into the practice of crime investigation and is currently characterized by the fundamental importance of STR profiling; a promising stage in which the latest methods and platforms based on next-generation sequencing (NGS) are expected to be improved and widely implemented. According to the state of legal regulation, this is: a stage characterized by the absence of specialized legislation and the use of forensic DNA analysis technologies based on the general rules of criminal procedure; a stage characterized by the adoption and implementation of specialized national legislation; a stage of formation of international legal standards. In Ukraine forensic genetics laboratories use technologies typical of the current stage of development of forensic DNA analysis. In terms of legal regulation, the transition from the first to the second stage has recently been made.
It is substantiated that forensic molecular genetic expertise is a study of biological material samples with the aim of determining their genetic characteristics and providing an opinion on issues related to their biological nature, gender, identification, establishment of biological paternity and biological kinship. In Ukraine, in the context of the legal status, organizational, technical, scientific and methodological support of this type of expertise, there is an urgent need to improve the state of its legislative regulation regarding the admissibility of the latest forms and methods of molecular genetic research, namely technologies involving the study of coding regions of DNA, the application of a systematic approach to the development of a network of expert laboratories, the completion of scientific analysis and the improvement of the regulatory definition of molecular genetic expertise.
It is established that the European principles of legal regulation in the field of forensic DNA analysis, formulated in various regulatory documents, can be divided into two groups: general - which are both advisory and mandatory and relate to the entire scope of the use of DNA analysis in criminal proceedings; special - related to the protection of personal data and cross-border exchange of genomic information. The relevant principles should be implemented as guarantees in national legislation, given Ukraine's chosen path of integration into the European Union.
