FORENSIC STRUCTURAL ENGINEERING IN THE MECHANISM OF CRIMINAL LAW EVALUATION OF UNAUTHORIZED CONSTRUCTIONS: ISSUES OF THEORY AND PRACTICE OF PROOF

Abstract

The relevance of this research is determined by the growing number of unauthorized construction and the need to improve the proof mechanisms in criminal cases for violations of safety regulations during construction work. The purpose of the study is to determine the theoretical and practical aspects of forensic structural engineering application in the criminal law assessments of unauthorized construction, to identify existing problems of proof and to propose solutions. Research methods: empirical methods (comparison and description); theoretical methods of formal and dialectical logic; specific scientific methods of legal-dogmatic interpretation and modeling. Results: the scientific article analyzes the regulatory criteria for classifying buildings as unauthorized, identifies the specifics of establishing a causal link between violations of building regulations and the ensuing consequences and substantiates the need to apply modern non-destructive control and computer modeling. It is substantiated that compliance with the principle of unity of form and content of an expert examination is a prerequisite for the admissibility of an expert’s opinion as evidence. Conclusions: forensic structural engineering is one of the primary tools of proof in criminal cases involving unauthorized construction; further improvement in this area requires the development of standardized methodological recommendations and the implementation of digital technologies.