IMPLEMENTATION OF POLYGRAPHIC AUDITRESULTS (LEGAL ASPECTS)

Abstract

The author explores the types of forms of use of the results of polygraph checks in the relations of administrative law. The author outlines the main approaches to understanding the value of polygraph screening in measuring legal reality.

The first approach defines validation results as an information product that contains reasonably accurate and up-to-date knowledge that confirms or refutes information.

According to the second approach (formal-legal) it is possible to present the results of a polygraph survey as a concentration of materials of psychophysiological and legal content, which in their content, claim the status of a complete official legal document Broad and narrow approaches to understanding the findings of the polygraph expert are formulated. According to the results of the research, the author has established that the main dilemma of the quasi-evident value of the conclusion of the polygraphic research is that the conclusions of psychological examination are a type of forensic expertise. But, at the same time, they have an exceptionally focused purpose for information that is difficult to interpret as the official source of evidence.

The rejection of the results of polygraph surveys, the negation of the legal significance of their findings in the formation of sources of legal support of the administrative process, the adoption of administrative decisions and the exercise of public authority can be generally due to the following factors: lack of a special law on the use of polygraph; lack of a harmonized state policy of legal protection and guarantees of interviewees; the uniqueness of determining the grounds for initiating a polygraph poll in regulatory legal acts of state bodies for the purpose of refuting unjustified charges in favor of the interviewee; lack of state policy of licensing and certification of polygraphic activity as forensic and qualification evaluation of polygraph experts; lack of a securing of the mechanism of re-polling, formation and functioning of the commission on polygraph polls.