26
Criminalistics is a science because: it created its own system of theories and principles; it uses its own
research methods; it has specific objectives and targets; it has its own subjects of study; and scientific
theoretical system of knowledge associated with the practice“
56
.
At some other occasion it is concluded that "criminalistic science (criminalistics) is a modern science.
According to this claim, it has its own methodological system whereby “critically observe the existing rules
de lege lata, articulate and analyze”
57
. Its independent development is thoroughly with the help of “shaping
and defining the principles and institutes and their proposed amendment de lege ferenda, in accordance with
the development of modern and expected crime.” The development of categorial - conceptual apparatus is of
particular importance for its development. Also it is concluded that "criminalistic science used concepts and
terms that it created in its part so called criminalistic terminology, the language of vocation and contributing
to the interpretation of its rules and helps in their proper application in everyday criminalistic practice “
58
, i.e
by rules of discovery (heuristically aspect) and proof (mostly syllogistic aspect) of the crimes creates
conceptual-categorical apparatus, which requires smooth communication science.
Studies of criminalistics concluded that in its development there are differentiated: a) criminalistic
science in the narrow sense as a theory and b) the dogmatism of criminalistics science, that with its scientific
authority and basement becomes inevitable and unavoidable additional source for applying the rules of this
science. It is believed that the theory and practice of criminal science complement each other and jointly
contribute to its only goal and task: in ultima linea prevention
and repression of crime
59
.
A significant breakthrough in the development of criminalistics is the identification and development
of the criminal theories. They are of interest to theoretical Forensic Sciences. This term covers a number of
issues in the area of philosophical sciences, especially gnoseology and epistemology, psychology, logic,
judicial psychology, systems theory, organization of labor, etc. According to researchers, theoretical
criminalistics deals with awareness of focus and theoretical questions of investigation of criminal offenses.
They represent its theoretical foundations by ensuring truth in an organized procedure, application of tools
and methods that provide a clear and strong arguments of the truth, especially through modeling of thought,
setting versions as ad hoc hypotheses through the application of the approach argumentum acontrario and
other procedures and ensure its development and gets features based on science. This development of
scientific knowledge makes it possible to differentiate the structure of criminal science
in which relationships
among its and other fields come to light, i.e areas of the criminal investigations. In performed classifications
it emphasizes that theoretical criminalistic science can be called criminal science in the narrow sense, while
practical (repressive) criminalistic science deals with problems related to the discovery and proof of offenses
post delictum, can be considered as criminalistic science in the broadest sense. In fact, it is the sum of the
Criminal Rules
60
.
From the discussion we can conclude that the
notion of Criminalistics
61
(from lat. criminalis - atrocity,
offense, crime) defines the area of scientific knowledge about the mechanisms of crime, regularities of
occurrence and information about crime and its participants, the legality of the collection, research,
evaluation and utilization of evidence based on knowledge of the regularity of special means and methods of
detection, investigation and prevention of crime
62
. So, at the base of scientific knowledge of criminalistics,
there is a study of the regularities of the objective reality in its totality. They are necessary for successful
detection, investigation and prevention of crime. The formation of these regularities is conditional upon that
any offense or crime associated with offence or delict, all are reflected in objective reality in various
emergent forms - as ideal (as thought forms of articles) and in the material (in the form of objects and their
seizure, etc.). Scientists use such observations as resource for crime. "The process of formation of different
findings becomes part of regularities and are an integral part of the mechanisms of the crimes and their study
“
63
. The term Criminalistics denotes science, research and the discovery of the crime.
There is frequent use of
this term as a consequence of many years of searching for the right name of science for dealing with crime
64
.
56
Ibidem... pg.10;
57
Elmedin Muratbegović:
Contemporary criminalistics theories; hrestomatija texts; Faculty of criminalistics, criminology and
security studies, Saraevo, pg. 13;
58
Ibidem.... pg. 13;
59
Ibidem... pg. 13;
60
Ibidem... pg. 13;
61
See also: Mojanoski, T. Cane:
Methodology of security sciences - basics, Book I, Faculty of security, Skopje, 2012, pg. 218-219;
62
I. A. Ipatova:
Criminalistics; M., publisher EAOI, Moscow, 2008, pg. 6;
63
Е.V. Burceva, I. P. Rak, А.V. Seleznev, Э.В. Сысоев:
Criminalistics, publisher Tambov TGTU, Moscow, 2006, pg. 5-6;
64
Criminalistics (from lat. Criminalis - related to crime) - 1) applied legal science, which deals with the system of
special ways, methods and means of collecting fixation, for research and use of forensic evidence. These ways and