ATTEMPTS TO LEGAL REGULATION OF LIE DETECTION DURING THE PRE-TRIAL INVESTIGATION OF CRIMINAL OFFENSES

Abstract

The article analyzes one of the pressing problems of the use of polygraph in the pre-trial investigation of criminal offenses, namely, the legal regulation and legalization of the detection of lies during the pre-trial investigation of criminal offenses. The effectiveness of using polygraph in the course of pre-trial investigation is well proved by research practice in many countries of the world. At the same time, the use of polygraph methods is not provided for in criminal proceedings in Ukraine due to a number of factors, among which, firstly, the legal lack of regulation in legislative acts, and secondly, the lack of developments in the development and provision of necessary instrumental and methodological basis. Many scientists and practitioners have no doubts about the effectiveness of the use of polygraphs in combating crime. At the same time, the process of its application requires a balanced approach to the issue of legal regulation, based not only on the world experience of using «lie detector», but also on traditional features of modern criminal proceedings. Analyzing the current legislation of Ukraine, we can conclude that the polygraph in our country is a «test of people who want to be honest». At the same time, as practice shows, a person who has nothing to hide voluntarily expresses his desire to undergo such a study. It should be noted that the use of polygraphs is practiced in many countries of the world, the results of which are considered as evidence. For many years, lie detection devices have been used in the fight against crime in more than 20 countries, including the United States, Switzerland, Japan, Turkey and others. Special laboratories have been built there and are maintained by qualified professionals. Some of the latest polygraphs can record contactlessly more than a dozen different psychiatric parameters, the dynamics of which are analyzed by a builtin computer. The accuracy of diagnosing the involvement of persons suspected of committing a crime is ensured within the range of 75-100%.