Involvement of an expert by a lawyer during the investigation of illegal manufacturing, storage, sale of fuel or its transportation for the purpose of sale

The article examines the problems that exist in law enforcement practice regarding the initiation of an examination by the defense party during the investigation of the illegal manufacture, storage, sale of fuel or its transportation for the purpose of sale. According to the analysis of statistical data on combating crime in Ukraine, a gradual increase in the number of cases of illegal manufacture, storage, sale or transportation for the purpose of sale of excisable goods has been established, which requires improving the quality of their investigation, ensuring the adversarial nature of the parties in proving the guilt of the suspects. It is proved that a mandatory investigative (search) action in criminal proceedings initiated under Article 204 of the Criminal Code of Ukraine, in which the subject of the infringement is fuel, is a forensic examination, namely the examination of petroleum products and fuel and lubricants. The possibilities of a lawyer to involve an expert to conduct an examination in criminal proceedings are disclosed: initiating this investigative (search) action by submitting a petition to the investigator, prosecutor, investigating judge; as well as independent involvement of an expert on contractual terms. It is found that the legislation of Ukraine provides for the general right of a lawyer to initiate judicial examinations or independently involve an expert in criminal proceedings. The problems of law enforcement practice are investigated when a lawyer attempts to independently involve a judicial expert, which are related to the need to submit samples and objects of research that are in the possession of the prosecution for examination. Attention is drawn to the specifics of obtaining samples for examination during the investigation of illegal production, storage, sale of fuel or its transportation for the purpose of sale, which consists in obtaining three types of samples, one of which remains at the enterprise in the sphere of circulation of fuel and lubricants. Based on this, a conclusion is made about the existing possibility of a lawyer to independently appoint an examination in criminal proceedings on illegal production, storage, sale of fuel or its transportation for the purpose of sale, without contacting the prosecution, the investigating judge or the court.