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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of November 1, 2018 No. 514

About some questions of judicial and expert activities in the Kyrgyz Republic

For the purpose of implementation of the Law of the Kyrgyz Republic "About judicial and expert activities" and streamlinings of system of certification of competence of court experts of the Kyrgyz Republic, in view of  the Presidential decree of the Kyrgyz Republic "About measures for reform of system of law enforcement agencies of the Kyrgyz Republic" of July 18, 2016 161, according to articles 10 and 17   of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides No.:

1. Bring in the Order of the Government of the Kyrgyz Republic "About some questions of judicial and expert activities in the Kyrgyz Republic" of March 17, 2014 No. 132 the following change:

- in the Regulations on the expert and qualification commission on questions of certification of competence of the court expert of the Kyrgyz Republic approved by the above-stated Resolution:

state Item 2 in the following edition:

"2. The expert and qualification commissions are formed and function under the Ministry of Internal Affairs of the Kyrgyz Republic, the Ministry of Health of the Kyrgyz Republic and the Public judicial and expert service under the Government of the Kyrgyz Republic (further - the Commission).".

2. Approve:

Regulations on procedure and conditions of issue, refusal in issue, suspensions, cancellation and deprivations of the certificate of competence of the court expert of the Kyrgyz Republic according to appendix 1;

Regulations on the expert and qualification commission according to appendix 2;

Procedure for maintaining the State register of court experts of the Kyrgyz Republic according to appendix 3;

Procedure for maintaining the State register of techniques of judicial and expert researches of the Kyrgyz Republic according to appendix 4.

3. Recognize voided since January 1, 2019:

1) the Order of the Government of the Kyrgyz Republic "About some questions of judicial and expert activities in the Kyrgyz Republic" of March 17, 2014 No. 132;

2) item 4  of the Order of the Government of the Kyrgyz Republic "About modification and amendments in some decisions of the Government of the Kyrgyz Republic" of June 2, 2017 No. 340;

3) Item 1 of this Resolution.

4. This Resolution becomes effective after seven days from the date of official publication, except for Item 3, which becomes effective since January 1, 2019.

5. To impose control of execution of this Resolution on department of defense, law and order and emergency situations of Government office of the Kyrgyz Republic.

Prime Minister of the Kyrgyz Republic

M. Abylgaziyev

Appendix 1

to the Order of the Government of the Kyrgyz Republic of November 1, 2018 No. 514

Regulations on procedure and conditions of issue, refusal in issue, suspensions, cancellation and deprivations of the certificate of competence of the court expert of the Kyrgyz Republic

Chapter 1. General provisions

1. This Provision determines procedure for carrying out certification, condition of issue, refusal in issue, suspensions, cancellation and deprivations of the certificate of competence of the court expert.

2. Certification of competence is assessment of the professional training level of the candidate who decided to be engaged in judicial and expert activities (further - the candidate) on certain expert specialty (direction).

3. Certification of competence is directed to achievement of the following purposes:

a) determination of competence of the candidate;

b) the organization and carrying out independent and qualified assessment of conformity of the candidate to the established requirements.

4. The certificate of competence of the court expert (further - the certificate) is the document confirming qualification of the candidate on certain expert specialty for occupation with judicial and expert activities.

5. The following requirements are imposed to candidates:

a) education in the respective sphere;

b) years of service and work experience;

c) passing of training on specific expert specialty.

6. Certification of competence is performed by the expert and qualification commission formed under the authorized state body realizing policy in the field of judicial and expert activities (further - the Commission).

7. Effective period of the certificate constitutes 5 years.

8. The information about the court experts who received the certificate is entered in the State register of court experts of the Kyrgyz Republic.

Chapter 2. Procedure and conditions of carrying out certification of competence

9. Certification of competence consists of the following stages:

a) consideration of the documents submitted by candidates;

b) holding qualification examination.

10. Certification of competence is performed according to the candidate application.

11. Candidates attach the following documents to the request:

a) passport copy;

b) notarized copies of education documents;

c) the medical certificates issued by narcological and mental health facilities of health care of the Kyrgyz Republic at the place of residence of the applicant not earlier than before month before their submission to the Commission, except for experts of divisions of law enforcement agencies;

d) certificate of lack of criminal record, except for experts of divisions of law enforcement agencies.

12. The candidates for the first time applying for receipt of the certificate in addition apply to the request:

a) the response signed by the head of training with assessment of activities of the candidate as specialist in the respective area of judicial examination;

b) at least five educational conclusions on the performed control tasks according to the programs of preparation approved by the authorized state body realizing policy in the field of judicial and expert activities (further - authorized state body);

c) plan of training.

13. The candidates who were earlier receiving the certificate to the request in addition represent the list (register) of the examinations executed by the expert in the certified specialty for the last year of activities.

14. The documents submitted for receipt of the certificate are considered by the Commission in ten-day time.

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