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8ISSUES OF PROFESSIONAL KNOWLEDGE REQUIREMENTS OF PSYCHOLOGIST-EXPERT IN COURT PROCEEDINGS IN
UZBEKISTAN
Mahmudova Hulkar Tilabovna
Professor of the Department of Professional Skills of the Higher School of Judges under the Supreme Council of Judges of the Republic of Uzbekistan, Candidate of psychology https://doi.org/10.5281/zenodo.8170682
Abstract. This article discusses the requirements for professional knowledge of a psychologist-expert in court proceedings. It describes the scope of professional competence of a forensic psychologist from both a legal and a methodological point of view.
Keywords: court, expert psychologist, knowledge, competence, professional skills.
It is known that the decision of the President of the Republic of Uzbekistan on measures to further improve the activity of forensic experts (January 17, 2019) assigned a great responsibility to expert psychologists. In the Republic of Uzbekistan, great attention is being paid to the comprehensive improvement of the field of forensic expertise, conducting scientific research on problems in this field, forming the main directions of developing the theory and practice of forensic expertise in the country, and further supporting the activities of non-governmental forensic organizations.
In addition, paragraph 7 of the Decree of the President of the Republic of Uzbekistan No. PF-6256 of 05.07.2021 provides for a lawyer in economic, civil and administrative proceedings to prepare before the trial and to present an expert opinion during the trial on the basis of a contract in state and non-state forensic organizations. According to his request, it is allowed to take the initiative of conducting an examination.
The complexity of the expert's work is that the expert must not only have special knowledge in the field of psychology, but also have a thorough knowledge of the theory and methodology of the forensic examination, and must also acquire special methods of examination for the purpose of diagnosis, classification and identification (identification) based on the issues to be solved by the expert. He should be able to retrospectively analyze the situation, apply the principles of criminal and civil law and procedure in his practical work in order to perform the task of determining the mental state of a person of legal importance. At the same time, on the one hand, he should know general, differential, age periods, social psychology, psychodiagnostics, clinical and pathopsychology, psychophysiology, engineering psychology, on the other hand, he should know the fields of psychiatry (forensic psychiatry), narcology, linguistics and psycholinguistics, criminology. Also, a court expert-psychologist should be able to use the necessary mathematical analysis methods. Thus, an expert psychologist can work within the framework of strictly regulated law and procedural norms only by studying this specific activity for a long time.
Therefore, the psychological examination of the court should be entrusted to a psychologist-expert who has special knowledge and practical experience of working in the field of forensic psychology, in addition to having a special higher education related to psychology. As F.S. Safuanov (Russia) noted, "only psychologists who have a higher psychological education, work in their specialty and have sufficient professional training to conduct forensic examinations
have professional knowledge, theory and methodology of psychology, practical skills and is a specialist with skills".
Professional competence of a forensic psychologist. With the beginning of the reform (updating, modernization) in education, the concept of "professional competence" took a firm place in the field of education. It's understandable, of course. Because the presence of competence is a necessary condition for successful professional activity. Until now, there are different views on the definition of the concepts of "competence" and "competence".
The term "competence" (translated from Latin - conformity, appropriateness) has two meanings and means the set of powers of an institution or person and the range of issues in which this person has knowledge and experience.
"Competence" is:
1) sphere of powers of the governing body, officials;
2) the range of issues they have the right to make decisions;
3) is defined as knowledge and experience in this or that field.
Thus, the concept of "competence" is broader and includes the concept of "competence". The term "competence" means "the ability to use knowledge, learning (skills) and personal qualities in activities in a specific field." We understand "competence" as the professional qualities, special knowledge, training and skills, as well as professional motivation, which are formed in the process of professional training, and the compliance with the objective requirements of the profession.
At the same time, competence is divided into three components, namely cognitive, ergonomic and motivational components. Undoubtedly, in order to successfully perform the activity, the specialist must have these three components, but in this monograph, we will consider the cognitive component of the legal psychologist's professional competence in more detail. Usually (according to tradition), the final result of training a specialist was knowledge, skills (learning) and skills corresponding to the requirements of the profession formed in him, that is, the graduate should know, be able to apply and master the relevant material. A new approach to the education system requires a specialist to have certain competencies, while it is clear that competence is not simply a sum of knowledge, skills (learning) and skills, but something much wider than this sum.
Within the traditional (knowledge-based) approach, the cognitive component of professional competence is manifested in special knowledge, skills and abilities. At the same time, professional knowledge is divided into interdisciplinary and interdisciplinary knowledge, and special qualifications and skills are divided into basic (fundamental) and practical types.
Professional knowledge as objective necessary information about all aspects of the work of an expert psychologist consists of general and special components required by practice. They are the basis for training an expert psychologist and drawing up an individual trajectory (plan) of his professional development.
The professional knowledge necessary for the successful operation of an expertpsychologist includes information on the objects and subjects of expert research, psychological methods and methods that must be acquired for the practical work of an expert-psychologist. In general, the structure of the work of an expert psychologist includes a number of components, such as motivational, diagnostic and analytical.
The algorithm of professional activity is as follows: understanding the goals and tasks of expert research according to the order; studying the materials submitted for examination in order to determine the tactics and strategy of forensic psychological examination; planning the research of a psychological expert based on tasks (assignments) corresponding to the relevant topic (problematics) of the questions put before him; conducting direct expert research using specialized psychodiagnostic methods and methodologies corresponding to the questions; processing and interpretation (interpretation) of received data; analysis of the obtained data in accordance with the characteristics of the legal situation; writing conclusions on the results of the psychological analysis of the court case and the conducted expert research.
Knowledge of the general aspects, as well as features and specific aspects of the expert psychologist's professional activity, its structure, content and practice is a necessary condition for the successful implementation of this activity. The list of issues that an expert psychologist should know (be competent) includes knowledge about his own individual characteristics, abilities, opportunities, strengths and weaknesses. It is also important to know the main psychological characteristics of research objects in development (learning), to know the characteristics of real processes and interactions. In this, first of all, it is necessary to focus on the real dimensions of a person as an individual, a person, a subject of activity, and as a holistic event (phenomenon) with macro-characteristics as individuality. A developmental model of all constituent aspects may be useful.
Professional skills are actions and "techniques" used by an expert psychologist in the field of forensic psychological expertise. Skills here reflect the expert psychologist's professional actions, methods, and the ability to perform specific job tasks (functions).
The professional skills necessary for an expert psychologist to work effectively cover many of his actions in the performance of professional functions. He must be able to objectively and comprehensively analyze the characteristics of the person being examined in accordance with the requirements of the legally significant situation in which he finds himself. It is also important for an expert-psychologist to be able to distinguish the main aspects that determine the nature (character) and characteristics of the behavior (behavior) of the person being examined in the examined situation.
Skills are a key component to skill development. The set of skills is the basis, that is, the established, stable ability of an expert psychologist to perform professional activity methods, actions, and operations in the field of forensic psychological expertise.
Forensic psychological examination is a branch of legal psychology, which has firmly established itself in the legal system as a type of activity. In this regard, the number of expertise institutions is increasing year by year, and consequently, the demands placed on specialists and expert psychologists are also increasing. This, in turn, requires special training and retraining of personnel. Since the work of a legal psychologist is of a practical nature, the main attention is paid to professional competencies.
Within the competency-based approach, we are talking about the need for a forensic psychologist to have a certain set of competencies, that is, general, professional, and professional-specialized competencies. Based on the training system of legal psychologists, there are specific aspects of the professional competencies of an expert psychologist based on a competency-based approach. The level of professional competence of an expert psychologist within the framework of current requirements is presented in Table 1.
Table 1.
Professional competence of an expert psychologist
In the field of expert activity - to know the theoretical, methodological, procedural and organizational foundations of conducting research and forensic examinations; - to know how to apply the methods of forensic expert research in professional activity; - material and procedural law knowledge ability to apply; - know how to participate as a specialist in the implementation of investigation and other procedural actions.
In the field of information acquisition activities - knowing how to comply with legal requirements regarding state secrets and information security, confidentiality in professional activity.
In the field of organizational and management activities - the ability to organize the work of the commission of experts and the group of experts; - the ability to organize professional activities based on the basics of work and functional tasks, requirements of legal and regulatory documents; - ability to prepare reports and plans based on approved forms; - to have the ability to conduct forensic examinations and provide advice on questions to subjects of the law enforcement body;
In the field of scientific research activities - the ability to analyze foreign and local practice, scientific information, forensic expert practice related to the research topic; - the ability to know how to use practical scientific research methods, analyze and process results; - to have the ability to summarize and interpret conclusions on the topic of research; - the ability to describe the laws of development and functioning of the psyche and apply psychological phenomena, categories, and study methods of psychology as a science;
- the ability to understand professional tasks in practical activities and in the field of scientific research and to set them correctly.
In the field of practical activity - to be ready to use and choose psychodiagnostic methods based on the goal, depending on the situation and the contingent of respondents, as well as to be ready to perform mathematical-statistical processing and interpretation of the obtained results; - to be ready to determine the specificity of the mental functions of a person, taking into account the nature of young periods, developmental crises and risk factors, their gender, ethnic, professional and other social groups; - to be ready for psychological diagnosis of the level of development of cognitive processes and motivational-volitional spheres, self-awareness, psychomotor skills, abilities, character, temperament, functional states, personality traits, and abnormal and normal accentuation of human mental processes.
Thus, taking into account the above points, it is worth noting that Article 3 of the Law "On Forensic Expertise" provides that the solution of forensic expertise requires special knowledge in the field of science, technology, art or craft, and that the court, judge, investigative body, investigator, the investigator or prosecutor is expected to involve experts in order to determine the circumstances that need to be proven in a specific case. It should not be forgotten that every expertpsychologist should not forget that this process has its own procedural status when conducting investigations (researches) on the issues put before it and giving a conclusion. Therefore, it is necessary to take into account that an expert-psychologist should have knowledge of the procedural and legal norms regulating the conduct of forensic examinations, as well as knowledge in the field of psychology. For this purpose, we have tried to analyze the normative and legal aspects regulating the activity of the forensic expert.
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