14. Forensic psychological examination in civil proceedings. Subject and objects of forensic psychological examination.

Judicial psychological examination for a relatively short period of its development, estimated at several decades, received a theoretical justification, took shape in a developed scientific and practical industry. The official introduction of psychological expertise in the list of childbirth and types of forensic examinations carried out in forensic institutions of the Ministry of Justice of Russia, gave it a new status.

The first scientific research, which began in the 60-70s. last century, concerned the possibility of using psychology as a science to solve practical issues of criminal justice. The main merits in this area belong to MM Kochenov, who formulated and substantiated the generic subject of forensic psychological examination, the basic methodological principles of production expertise, methods for solving specific expert tasks. The problems of applying special psychological knowledge in connection with the investigation of criminal offenses are reflected in the numerous writings of scientists (A. F. Koni, A. E. Brusilovsky, L. E. Vladimirov, A. V. Dulova, M. M. Kochenova, A. R. Luria, G. M. Minkovsky, A. R. Ratinov, R. D. Rakhunov, L. I. Rogachevsky, O. D. Sitkovskaya, M. S. Strogovich, etc.).

Today, updating the legislation related to the socio-economic transformations taking place in Russia sets new challenges for the judiciary and requires new approaches to their solution. In this regard, the interaction of the practice of justice with psychological science is expanding, new types of psychological expertise are emerging. Thus, in recent years, expertise has been intensively developed in a civil procedure where, until recently, psychological knowledge has practically not been applied. In due time, lawyers and psychologists T. V. Sakhnova (1986) drew the attention of the necessity and expediency of the appointment of a psychological examination in civil cases. Her theoretical research showed that the use of psychological knowledge in this branch of legal proceedings can enrich the system of forensic evidence with a new means of proof — an expert opinion, and in accordance with the new rule of law — a specialist opinion. The works of T. V. Sakhnova, in a certain sense, gave impetus to developments in the field of psychological expertise in the civil process.

The observed increase in the appointment of psychological and complex psychological and psychiatric examinations in civil cases is a significant positive trend of the last decade and indicates an increasing need for psychological knowledge used in civil proceedings.

Subject and objects of forensic psychological examination

Judicial psychological examination is based on the data of psychological science, categories and concepts of general psychology, uses the capabilities of all branches of psychology, has many theoretical and experimental information. Forensic psychological examination systematically uses methods borrowed from general psychology, clinical psychology, differential psychology, psychophysiology, psycholinguistics, speech psychology and other areas, but reliable, positively proven in expert practice, as well as specially designed to solve specific expert tasks and clarify circumstances conducive to the establishment of the truth of the case3.

The object of the examination is the mental activity of the subject (sub-expert person) in a legally significant situation.

The subject of expertise is evidence relevant to justice about the laws and peculiarities of the structure and course of a person’s mental activity, established by psychological research and expert evaluation.

The specificity of the subject of forensic psychological examination is made up of evidence of the results of influencing the mental reflection of the surrounding world, reflection and regulation of one’s behavior as a subject of psychological factors (including emotional, personal, age), as well as pathological factors that manifest themselves in a complex of mental phenomena, processes, psychological properties and states.

Often there are issues of differentiation of forensic psychological examination, forensic psychiatric examination and complex forensic psychological and psychiatric examination. The common object for these examinations is the mental activity of the person under the expert in a legally significant period.

The range of issues that are within the competence of the expert psychologist was initially determined in the framework of the forensic psychological examination and only later moved to a comprehensive examination. If necessary, the examination of common for forensic-psychological examination and complex forensic-psychological examination of the types is formally possible the appointment of the examination of one kind or another. In such cases, special grounds should be considered for the purpose of the examination.

The appointment of a forensic psychological examination is reasonable and expedient under one of the following conditions:

- when with respect to the subject there is obviously no doubt about his mental health;

- when a forensic psychiatric examination was conducted, as a result of which no mental disorders were detected in the subject;

- when a forensic psychiatric examination was conducted, as a result of which the subject was found to have a mental disorder at the border level that did not affect his legally significant abilities (for example, the ability to understand the nature of his actions and direct them, the ability to correctly perceive circumstances relevant to the case, and testify about them).

In other cases, if it is necessary to address issues that are within the joint competence of psychologists and psychiatrists, it is advisable to assign a comprehensive examination.

Using the division of forensic psychological examination of the category of the object, provide expertise:

- living persons requiring face-to-face examination;

- by correspondence, held in the absence of a person or in relation to the deceased person (posthumous);

- material evidence (texts, video, audio recordings, materialized activity products);

- certificates and documents.

As a kind, a forensic psychological examination can be conditionally divided into types (differing in the specificity of the subject in relation to common generic objects of study):

- examination of mental (emotional) states;

- examination of individual psychological features;

- examination of mental processes.

Returning to the formulation of the subject of forensic psychological examination, it should be emphasized once again that mental states, processes and features that have legal significance are investigated. The study of these categories for other purposes (not related to their legal meaning) is the subject of basic science (psychology) and does not require special knowledge in the field of forensic psychology and forensic psychological examination.

The tasks of the forensic psychological examination consist of the establishment of two main groups of circumstances: the nature of the mental state of the person and the legal significance of this state, i.e. its impact on the subject to a legal assessment of behavior. The concept of mental state is interpreted in this context in the broadest sense, as an integrative indicator of the functioning of all mental processes in conjunction with mental properties.

It is rather difficult to establish and designate all the tasks that may be needed during the investigation and consideration of the case in court, since the competence of the expert psychologist can be attributed to any issues of psychological content that require the use of special psychological knowledge relevant to the case and relevant to justice. Moreover, the purpose of the examination may be to obtain information on the facts, both included in the subject of proof, and intermediate, auxiliary.

Currently, there are two main areas of application of special psychological knowledge in order to solve the problems of justice - an examination in the criminal process and an examination in the civil process. It should be said that psychological expertise can be assigned within the framework of administrative and arbitration processes; however, in these branches, the practice of applying psychological knowledge is still very modest.