IJCSNS International Journal of Computer Science and Network Security, VOL.20 No.
11, November 2020 203
Problems of Regulatory and Legal Support of Polygraph
Application in Ukraine
Yurii Irkha †, Oleksii Butenko ††, Mykola Pogrebytskyi †††, Oleksandr Manzhai ††††,
Serhii Krushynskyi †††††
† Department of the State Research, Institute of the Ministry of Internal Affairs of Ukraine, Ukraine
††
Doctorant, National Academy of the Security Service of Ukraine, Ukraine
†††
Department of counterintelligence defense of critical infrastructure, National Academy of Security Service of Ukraine, Ukraine
†††† Department of Countering Cybercrime, Kharkiv National University of Internal Affairs, Ukraine
††††† Criminal law and procedure department, Leonid Yuzkov Khmelnytskyi university of management and law, Ukraine
Summary grounds and the procedure for conducting polygraphic
The article is devoted to the study of the problems of inspections is also insufficient. Accordingly, there are
polygraphic research to obtain forensically significant different ways of applying the law in judicial practice,
information. An analysis of the legal basis for the use of which determines the relevance of research in this area.
the polygraph in Ukraine. Problematic issues concerning Scientists such as R.S. Belkin, O.V. Belyushina, Yu. K.
the appropriateness of using a polygraph in the Orlov, G.K. Kravtsova, Ya. V. Komissarova, T. Morozova,
investigation and detection of crimes have been studied. O.I. Motlyakh, Zh. Yu. Polovnikov, M.A. Selivanov, O.P.
The domestic legal norms that regulate this issue, as well Soshnikov, Yu. I. Kholodny and other scientists.
as foreign experience are analyzed. The article reveals the
essence of the polygraph, the legal basis and requirements
for its use. Attention is drawn to the main difficulties of 2. Theoretical Consideration
using a polygraph and ways to solve them.
In today's world there is a tendency to appear quite
Key words: sophisticated and creative ways of committing criminal
polygraph application, polygraph survey, lie detector, hidden
information, polygraph specialist, application trends.
offenses, and therefore requires the search for new ideas,
tools and developments that would assist law enforcement
and justice in their practice, in detecting, investigating,
1. Introduction preventing and combating criminal encroachment.
According to official data, the polygraph is used in most
Changes in technological progress are inevitable countries. In some countries, whether or not there is a
without the use of new technologies. Modern science and practice of using polygraph surveys, the feasibility of such
technology make it possible to improve and introduce new research is being actively discussed. Due to significant
means of production. The use of a polygraph is an effective contradictions between supporters and opponents of the
means of obtaining information at the present stage of polygraph, the scope of its use remains unchanged
development of society. The issue of using a polygraph by (polygraph examination in the detection and investigation
law enforcement agencies is one of the urgent problems of of crimes, forensic examination of the veracity of
criminal procedure. testimonies, personnel screening of employees and
Today, in many foreign countries, the use of polygraphs in candidates for vacant positions, and official inspections in
criminal proceedings is a common effective practice that the field of national security) [2]. As you know, a
allows you to check a person's emotional reactions to polygraph is a multi-purpose device designed to
certain verbal or graphic stimuli and on this basis to draw simultaneously record several physiological processes
conclusions about the likelihood of concealing certain associated with the emergence of emotions. Polygraph is a
information about criminal offenses. information or, set of accurate medical devices that continuously and
conversely, to confirm the veracity of the testimony. In synchronously record the dynamics of a number of
Ukraine, there is no consensus among scholars and reactions of the respondent: blood pressure, pulse rate,
practitioners on the appropriateness and admissibility of depth and respiration rate, skin-galvanic response, muscle
the use of polygraphs at the stage of pre-trial investigation. tension, brain biocurrents, etc. [3]. Conducting polygraph
The normative and legal regulation of the procedural surveys (tests) does not contradict the current legislation of
Manuscript received December 5, 2021
Manuscript revised December 20, 2021
[Link]
204 IJCSNS International Journal of Computer Science and Network Security, VOL.21 No.12, December 2021
Ukraine and does not violate the constitutional rights of presence of hidden information about the circumstances of
citizens, as this type of survey is carried out only with their the crime or the truthfulness of answers to questions.
written consent and simultaneous registration of changes in However, such a scientific position is not consistent with
psychophysiological reactions in response to psychological the requirements of the current CPC of Ukraine [1]. In
stimuli. schemes, photos, etc. Ukraine, the use of a polygraph is not explicitly prohibited
by law. Nor are the constitutional rights of citizens violated,
Such a survey uses a method that does not harm life, as inspections are carried out only with their written
human health and the environment. The argument that consent. The basis for the application of polygraph surveys
justifies the use of a polygraph in criminal proceedings is directly by police officers is Art. 8 of the Law of Ukraine
the speed of processing and analysis of information "On operational and investigative activities" [6], which
obtained by a polygraph expert, as well as the objectivity enshrines the right of units engaged in operational and
of the result of psychophysiological research using a investigative activities to interview persons with their
polygraph, which is difficult to obtain traditional methods. consent (paragraph 1, part 1, Article 8). According to this
In addition, the use of a polygraph provides additional article, the use of a polygraph is a kind of survey, but the
information that is directly related to the direction or object information obtained in this way can not be accepted by
of investigation, accelerates its course, provides a quick, the courts as evidence in the case, they are only guidelines
complete and objective assessment of the accuracy of the for collecting factual data on a person's involvement in a
reported information, helps to detect crimes being prepared crime [7]. There is another problem - the admissibility of
[ 4]. Certain subjects and for a specific purpose have the refusing to answer certain survey questions. After all, the
opportunity to conduct polygraph research only at the level Constitution of Ukraine (Article 63) allows a person not to
of departmental legal support, which defines a polygraph disclose information of a personal nature, including
survey as a measure of psychophysiological testing of a information about a crime committed by him. It was also
person in respect of whom information about his possible noted that the draft laws not only do not specify the
involvement in illegal activities. technical means and procedure for ensuring the confidentiality of information
appropriate methods [5]. As of today, domestic received by a polygraph examiner, but also do not specify
psychophysiological research with the use of the polygraph the level and procedure of responsibility for its disclosure.
forms two directions: the use of the polygraph in personnel In addition, the responsibility for the loss of the polygraph
work and the use of the polygraph in law enforcement. The examiner, forgery, distortion, etc. is not defined [8].
question arises as to the full implementation of the results
of polygraph research of psychophysiological reactions in The possibility of using a polygraph is also provided in
the criminal process as one of the sources of evidence. Articles 71 and 107 of the CPC of Ukraine, but there is no
Most of the problems arose due to the lack of regulations detailed regulation of the process of polygraph
that would define a polygraph as a technical device for examination. The provisions of these articles concern only
recording, analysis and evaluation of psychophysiological the procedure for the participation of a specialist in the
reactions of the interviewee, which served as a basis for conduct of investigative (search) actions and the possibility
some law enforcement officers and the court . In this of using technical means to collect, record and use
regard, the legal literature also expresses polar views, with information [9]. Practically or not the only legal basis on
which within the current legal field it is difficult to which the process of using a polygraph in domestic
unambiguously agree. Thus, some scholars, studying the criminal proceedings was based, were departmental bylaws,
problem of legal regulation of the use of polygraphs, argue namely: Order of the Ministry of Internal Affairs of
that testing with this technical device allows not only to Ukraine "On conducting an experiment on the use of
determine the most promising areas of investigation in computer polygraphs in law enforcement" from 28 August
criminal proceedings, but also to build an active position of 2001 № 743 [10], in which the polygraph was introduced
the defense. into the sphere of activity of law enforcement bodies of
Ukraine with elimination of limited possibilities of
In addition, they will be able to provide additional application of this device in operative-search activity. And
information that is directly or indirectly related to the on its basis the Concept on introduction of computer
investigation in criminal proceedings and provides an technologies with use of the polygraph in system of the
opportunity to quickly assess the accuracy of the Ministry of Internal Affairs of Ukraine with the program of
information and conduct a quality pre-trial investigation its realization is developed. As an experiment, this
within the time limit established by criminal procedure law. departmental bylaw showed its positive results, which
According to other researchers, the information obtained became the basis for the adoption of another order in the
from polyphysiological research using a polygraph is Ministry of Internal Affairs of Ukraine "On further
indirect evidence and confirms only the subjective development of psychological support of operational and
significance of specific incentives that may indicate the service activities of internal affairs of Ukraine", registered
IJCSNS International Journal of Computer Science and Network Security, VOL.21 No.12, December 2021 205
in the Ministry of Justice of Ukraine October 27, 2004 № law that will allow full use of the polygraph. with its help
1365 / 9964) of July 28, 2004 № 842 [11]. Based on this, results in domestic law enforcement practice, in particular
the "Instruction on the use of polygraphs in the police" in criminal proceedings.
(computerized devices for recording psychophysiological
human reactions) for № 1373/9972 [12] was developed, Conclusions
which significantly expanded the possibilities of using a
polygraph in criminal proceedings in Ukraine. However, Summarizing the above, we can conclude that the use of
after the approval of the decision of the Board of the data obtained using a polygraph in evidence, including in
Ministry of Internal Affairs of Ukraine of July 25, 2008 № Ukraine, is quite acceptable, but this should be preceded by a
17km / 1 "Programs for combating crimes against life and deep and comprehensive scientific study of the device. It is
health against the person for 2008-2012." [13], which extremely important to clearly define the type of procedural
provided for the systematic use of the polygraph and the measure (action) in which the polygraph can be used. The
results obtained by it in the work of law enforcement ineffectiveness of some traditional methods of obtaining
agencies aimed at effective detection of crimes against verbal forensic information indicates the need to increase the
human life and health, this process was slowed down due means of overcoming the fight against the investigation of
to the political situation in the country. The need to combat crimes in the field of official activities by using radically new
crime in Ukraine demonstrates the importance of and unusual, unconventional methods of obtaining this
intensifying further developments in the direction of the information. Of all the arsenals of such tools developed in the
introduction of the polygraph in the activities of the theory and practice of criminology, one of the most successful
National Police as a complex issue for personnel work and and effective is the study using a computer polygraph. Despite
law enforcement. Comprehensive application of the the obvious and undeniable advantages of its use in pre-trial
polygraph and its results requires both criminal investigation, there are also a number of legal and
proceedings aimed at effective and timely investigation of organizational problems that hinder the process of its
criminal offenses, and personnel inspection or personnel legalization at the level of the CPC of Ukraine, and thus
"screening". implementation in law enforcement agencies. It seems more
appropriate to define polygraph testing as a type of forensic
It is advisable to use a polygraph during certain examination (psychophysiological examination), and it should
(investigative) actions, including: interrogation, have the same value of the source of evidence as the
presentation for identification, investigative experiment, conclusions of other experts, have no prerogative over other
etc. The polygraph makes it possible to objectively reflect sources of evidence and should be evaluated by the court only
the subjective significance of a fact of reality for the person in conjunction with others. evidence. Doubts about the
being examined. As for the expert polygraph examiner correctness of the conclusion of such an examination may be
involved in the polygraph examination, he primarily questioned on the same grounds as the conclusions of others,
provides probable information about changes in the including psychological, psychiatric examinations, so we
psychological state of the respondent, and is able to should not emphasize their indicative value. However, for the
provide assistance as a technical executor of obtaining full use of the polygraph to obtain evidentiary information in
"perfect reflection traces" for further expert research [14]. criminal proceedings, it is necessary to regulate such actions.
In this way, the possibility of further reproduction of the The fastest solution to these problems will allow you to
obtained "ideal traces of reflection" is used already during effectively and fully use all the features of the polygraph.
the forensic psychological examination, which requires the
involvement of an expert to interpret the content. Thus, if
there are grounds, the polygraph examiner can acquire the References
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