Obtaining samples for examination in criminal proceedings: problems of normative regulation and law enforcement

The aim of the study is to identify topical issues of the regulatory framework and the application of legal provisions related to acquisition (collection) of samples for examination in criminal proceedings. To achieve this objective, as well as justify the results, a set of general scientific and special methods is used. The comparative legal method enables to analyze the criminal procedure legislation of Ukraine and other countries, as well as the practice of the European Court of Human Rights. The system-structural method enables to reveal the procedure for sample acquisition for examination. The technical-logical method is the basis for forming the conceptual apparatus in the framework of the subject under study. The statistical method is used in the course of summarizing and processing of the data of investigative and judicial practice. The analysis of the procedure for acquisition (collection) of samples for examination in criminal proceedings is carried out in accordance with the Criminal Procedure Code of Ukraine and international acts. The study states that the CPC of Ukraine, first, does not reveal the concept of" samples for examination,"" biological samples"; second, does not fix the list of sample objects that can be obtained for comparative examination; third, does not provide the list of persons authorized to conduct this procedural action and persons, from whom they can be collected. Taking into account the study conducted, the author suggests how to improve the procedure and organization of sample acquisition for examination, as well as recommends how to resolve problematic issues arising during their collection.