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Ministry of Justice

Republic of Moldova

On November 13, 2017 No. 1273

ORDER OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF MOLDOVA

of November 13, 2017 No. 954

About approval of the Regulations on conditions of passing of professional training by the judicial expert-trainee

Based on part (8) article 41 of the Law No. 68 of April 14, 2016 on judicial examination and the status of the court expert (Monitorul Oficial al Republicii Moldova, 2016, 316) we ORDER to Art. No. 157-162,:

1. Approve Regulations on conditions of passing of professional training as the judicial expert - the trainee according to appendix.

2. Publish this order in Monitorul Oficial al Republicii Moldova.

Minister of Justice

Vladimir Chebotar

Approved by the Order of the Republic of Moldova from of November 13, 2017 No. 954/138/445/789/172/32

Regulations on conditions of passing of professional training by the judicial expert-trainee

I. General provisions

1. This Provision establishes conditions of passing of professional training by the judicial expert-trainee (further – the Provision), admission conditions to passing of professional training and its duration, conditions of passing of professional training, the right and obligation of the judicial expert-trainee, the head of professional training, public organization of judicial examination / bureau of judicial examination, and also establishes assessment of passing of professional training.

2. The professional training in the field of judicial examination is held within public organization of judicial examination or to bureau of judicial examination under supervision of the head of professional training.

II. Admission conditions to passing of professional training and its duration

3. Person meeting the following requirements can be the judicial expert-trainee:

a) is citizen of the Republic of Moldova;

b) knows Romanian;

c) has full legal capacity;

d) has the diploma of the licentiate or the equivalent education document in the specialty for which qualification of the court expert is asked; for receipt of the status of the expert of medicolegal or forensic-psychiatric examination – the diploma about the higher vocational education and about post-university education through residency / мастерат; for receipt of the status of the court expert of judicial and criminalistic examination – the diploma of the licentiate or the equivalent education document;

e) it is suitable for health reasons for fulfillment of duties of the judicial expert-trainee in specialization for which the professional training is asked;

f) has no criminal record;

g) has faultless reputation, without staying in one of the provisions provided by part (3) article 40 of the Law No. 68 of April 14, 2016 on judicial examination and the status of the court expert (further - the Law).

4. To professional training it is necessary for the admission that person submitted the application, as necessary, the report with respect thereto, to public organization of judicial examination / bureau of judicial examination. The following documents are enclosed to the application according to the report:

a) copy of the identity certificate;

b) the copy of the diploma about the higher vocational education or the equivalent education document according to the subitem d) parts (1) Article 40;

c) copy of the service record, in the presence;

d) certificate of lack of criminal records;

e) the medical certificate testimonial of the fact that person is fit for fulfillment of duties of the judicial expert-trainee in specialization for which the professional training is asked.

Reliability of the documents filed in copies is checked by their comparison with the provided originals.

5. Persons wishing to pass professional training for receipt of the status of the court expert shall sign the agreement on training which shall contain with public organization of judicial examination / bureau of judicial examination:

a) conditions of holding professional training;

b) rights and obligations of the Parties;

c) compensation of the judicial expert-trainee and payment for holding training, in case of holding professional training within bureau of judicial examination;

d) responsibility of the parties in case of non-compliance with contractual conditions;

e) conditions of change, suspension or termination of the contract.

6. Duration of professional training constitutes, at least, three months (depending on specialty of judicial examination) and is established by the head of organization of judicial examination, after approval of the appointed head of professional training, or established by the head

professional training within individual bureau of judicial examination.

7. The head of public organization of judicial examination / the head of professional training within individual bureau of judicial examination has the right to reduce the term of holding professional training only for the reasonable reasons which are specified in the agreement on training. In these cases the minimum duration of professional training, stipulated in Item 6 is observed.

III. Conditions of passing of professional training, right and obligation of the judicial expert-trainee, head of professional training, public organizations of judicial examination / bureau of judicial examination

8. The organization of holding professional training and control over its implementation is within the competence of public organization of judicial examination / bureau of judicial examination.

9. The head of public organization of judicial examination / the joint bureau of judicial examination for each person wishing to pass professional training appoints the head of professional training based on the expressed consent, depending on specialty of judicial examination. The court expert performing activities in individual bureau of judicial examination is the head of professional training.

10. As a rule, the head of professional training is the court expert with qualification degree of the 1st category or the highest category in the specialty on which the professional training is held.

11. If there is no skilled specialization expert for whom holding professional training is asked, the public organization of judicial examination / bureau of judicial examination can hire the well-known corresponding specialty specialist who together with the court expert within public organization of judicial examination / bureau of judicial examination will provide management over holding professional training. The specialist is responsible for accumulating of knowledge by the court expert - the trainee on qualification specialty, and the court expert is responsible for accumulating of knowledge in the field of conducting judicial examination, including legal provisions.

12. During professional training the judicial expert-trainee is guided by the agreement on training and the program for holding training, the Law and this Provision.

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