2. Judicial speech expertise

In recent years, Russian courts of general jurisdiction and arbitration courts have significantly increased the number of cases in which texts are an important source of evidence necessary to make an informed decision. The social order for handwriting, authoring, linguistic examinations can be explained by the improvement of legislation and changes in law enforcement practice. With the adoption of a new civil law over the past decade, the range of transactions involving citizens and legal entities, for which the legislation provides for mandatory written form, has significantly expanded.

Thus, the most important evidence in the process of consideration and resolution of civil cases are documents fixing certain facts that are important for the proper resolution of a particular civil case.

It should be noted that in the course of consideration and resolution of civil cases, documents may act not only as written evidence, but also as material. Any document has two components: the material and the ideal. From the point of view of consideration of documents in a court proceeding, we are interested not only in its substantive side, i.e. the information recorded in it, which is important for the proper resolution of the case, but also the formal side, reflecting the functional-stylistic and individual-speech characteristics of the text.

The term "judicial verbal studies" is used in relation to a complex of scientific disciplines united by a common object of study - speech, speech activity, verbal communication and verbal behavior. The notion of “speech science” that constitutes it is not doubted by anyone today and acquires important practical significance, since it is defined as a culture of communication and interaction, the focus of which is an orientation toward the characterization of a speech act in the totality of its linguistic, pragmatic, psychological and social parameters.

Judicial vocabulary is a new synthetic field of knowledge about human speech activity as a single basis for expert-linguistic research of oral and written works of speech (handwriting, author-based, linguistic, phonoscopic examinations).

Specialized knowledge in the field of forensic speaking is the scientific basis of a forensic expert study of the products of human speech activity in legal proceedings, where a speaker can speak in two procedural qualities: an expert and a specialist. In contrast to the forensic examination of texts that have become the subject of litigation, special knowledge in judicial verbal studies can also be used in non-procedural forms - in the form of consulting and reference activities, in non-judicial examinations, etc.

The tasks of judicial verbal studies are the study of the verbal behavior of an individual and the products of his verbal activity from the formal and substantive side in order to establish facts relevant to forensic evidence.

The objects of judicial speech are speech works recorded on any material medium in any form (handwritten, typewritten, electronic, sounding), involved in the sphere of legal proceedings as documents, physical evidence, as well as other case materials.

The products of speech activity can become objects of different forensic examinations, differing in subject, goals and objectives, but based on the use of special knowledge in the field of speech research constituting one class of judicial speech studies examinations.

The basic theoretical principles underlying the forensic examination of the products of speech activity are seen in the following:

- products of speech activity reflect the speech skills of the author and (or) performer (speaking or writing) text, contain manifestations of the intellectual and functional-dynamic complex (stereotype) of the implementation of speech skills;

- products of speech activity are a representative carrier of properties that are essential for solving the tasks of examination, namely: individuality, dynamic stability, variability and selective variability of identification and diagnostic features.

In accordance with the classification presented by prof. E. R. Russian, a class of speech expertise includes: judicial handwriting. judicial authoring and judicial linguistic expertise. Taking into account new trends in the development of the general theory and practice of forensic examinations in the future, the class of forensic speech-based examinations can be supplemented with the expertise of sounding speech recorded on a phonogram. The study of voice and sounding speech (identification of persons by the phonograms of oral speech) is highlighted as an independent expert specialty in the preparation of forensic experts in phonoscopic examination (examination of video and sound recordings). However, at the present time, this type of forensic examination was not completely isolated, and therefore in this paper it is considered in the section on forensic phonoscopic examination.

Allocation of judicial speech examinations to a separate class is used to determine specialization in the process of training experts on the basis of higher education in specialty 030502 - “Forensic examination”, which is dictated by the need to train specialists in the framework of higher professional expert education on several adjacent types of judicial examinations. Thus, as part of the specialization of “judicial verbal studies”, such specialists began training at the Institute of Forensic Examination of the Moscow State Law Academy in 2005.

To clarify the content of the forensic examination it is necessary to clearly define its subject, goals and objectives. Moreover, the subject is an essential feature, allowing to distinguish one type of examination from another.

Knowledge of the subject matter of the examination helps the participants in civil and arbitration proceedings to more effectively use the forensic examination capabilities in order to clarify the truth of the case.

The formation of new kinds of examinations - linguistic - predetermined the need to systematize and unify the accumulated knowledge in the field of classical textology and hermeneutics in relation to the objectives of forensic expertise. Changes in legislation and improvement of law enforcement practice, the emergence of new objects required a revision of the previously established views on handwriting and authorship expertise, previously traditionally referred to the criminalistic class. However, the assignment or non-assignment of forensic expertise to forensic has lost its relevance not only from a theoretical but also from a practical point of view, since, in determining the special competence of an expert, they are usually based not on classes, but on kinds and forensic examinations