ON THE ISSUE OF IMPLEMENTATION IN THE LEGAL SYSTEM OF UKRAINE OF THE EXPERIENCE OF LAW ENFORCEMENT OF THE POLYGRAPH IN THE USA

Abstract

The active implementation of the polygraph in the field of public administration over the last decade indicates its effectiveness and public trust in the conclusions obtained with the help of this device. However, the commercialization of the polygraph by the private sector in matters of its application, training of specialists and sale of the devices themselves often leads to the opposite conclusions of experts who claim that it is their training, knowledge and equipment that is the most accurate, correct and effective in drawing up a conclusion, on which the future of a person sometimes depends. The presented study gives a survey of the international experience of the administrative and legal implementation of the polygraph in the work of the public service and the private sector. An analysis of regulatory legal acts and court precedents was carried out in matters of polygraph using in the United States, as the world's leading country in the use of the polygraph. The experience of the USA, the country that was the first to develop and implement the polygraph in the activities of both the federal government and the private sector, is the most relevant for Ukraine. It was the country in the 80s of the last century that went through the path that Ukraine is currently taking, from commercialization and violation of the rights of individuals to the scientific justification of the polygraph with strict observance of the rights of citizens and the legality of its use. The scientific novelty of the paper is motivated by the active implementation of the polygraph in the public service of Ukraine. We conclude that the legal standards of polygraph practice in the USA are representative of the standardization of polygraph methods in Ukraine and the condition for recognition of polygraph conclusions should be science-based. Nowadays, there are departmental orders and instructions regarding the use of polygraphs in matters of personnel selection and conducting official checks and investigationsin Ukraine, however, the issue of polygraph examinations of citizens who are not related to departments remains open, which can be resolved by the implementation of a special legal act. Besides, there are no uniform standards for the training of polygraph examiners in Ukraine, and there are no approved methods of using the polygraph in forensic examinations. In order to eliminate the gaps in domestic legislation in matters of law enforcement of the polygraph, one should take into account the path taken by the USA in the development of normative legal acts of domestic legislation aimed at: figuring out the general procedure for the use of the polygraph, formulating requirements for the training of polygraph examiners, ensuring forensic expert activity, regulating the protection and the procedure for processing the received information, to introduce the polygraph as a component of the check when registering the rights of citizens to access secret information, as well as its use in criminal analysis as a method of assessing the reliability of information and forming databases of the results of polygraph examinations.