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LAW OF THE REPUBLIC OF BELARUS

of December 18, 2019 No. 281-Z

About judicial and expert activities

Accepted by the House of Representatives on November 19, 2019

Approved by Council of the Republic on December 3, 2019

This Law determines legal and organizational basis, the principles of judicial and expert activities in the Republic of Belarus, its scientific and methodical, material and other providing.

Chapter 1. Basic provisions

Article 1. The main terms used in this Law and their determinations

For the purposes of this Law the following main terms and their determinations are used:

methodical materials - expert techniques, methodical (reference, educational) benefits, methodical recommendations, methodical letters, rules, instructions on questions of conducting judicial examinations, other materials containing the description of the applied methods and scientific and technical means which allow to achieve effective objectives when conducting judicial examinations;

the body (person) which appointed judicial examination - the investigator, person making inquiry, the prosecutor, court (judge), the official of the body which is conducting administrative process who issued the decree (determination) on the appointment of examination according to the procedure established by the procedural legislation * (further if other is not determined, - the resolution (determination) on purpose of judicial examination);

judicial examination - the examination appointed and which is carried out according to the procedure, established by the procedural legislation.

______________________________

* For the purposes of this Law the procedural legislation is understood as the Code of penal procedure of the Republic of Belarus, the Code of civil procedure of the Republic of Belarus, the Economic Procedure Code of the Republic of Belarus, the Procedural and executive code of the Republic of Belarus about administrative offenses.

Article 2. Judicial and expert activities

Judicial and expert activities are activities for the organization of carrying out, control of carrying out, conducting judicial examinations and the activities for conducting criminalistic accounting and collections performed by the judicial and expert organizations and court experts.

Article 3. Legal regulation in the sphere of judicial and expert activities

1. The relations concerning implementation of judicial and expert activities are governed by the legislation in the sphere of judicial and expert activities, and also the international treaties of the Republic of Belarus and other international legal acts containing obligations of the Republic of Belarus.

The legislation in the sphere of judicial and expert activities is based on the Constitution of the Republic of Belarus and consists of the procedural legislation, this Law and other acts of the legislation.

2. If the international treaty of the Republic of Belarus establishes other rules, than those which are provided by this Law then are applied rules of the international treaty.

Article 4. Tasks of judicial and expert activities

Tasks of judicial and expert activities are:

creation of conditions for application in criminal, civil, economic and administrative processes of special knowledge in the field of science, the equipment, art, craft or other fields of activity;

rendering assistance to the bodies conducting criminal, civil, economic and administrative processes in accomplishment of the tasks assigned to them with use of special knowledge in the field of science, the equipment, art, craft or other fields of activity.

Article 5. Principles of judicial and expert activities

Judicial and expert activities are based on the principles:

legality;

respect for interests of the state, rights, freedoms and legitimate interests of the citizen, rights and legitimate interests of the legal entity;

independence of the court expert;

objectivity, comprehensiveness and completeness of conducting judicial examinations, admissibility and reliability of the methods applied in case of their carrying out.

Article 6. Legality when implementing judicial and expert activities

Judicial and expert activities are performed on the basis of the Constitution of the Republic of Belarus and provided with observance of requirements of this Law and other acts of the legislation, and also the international treaties of the Republic of Belarus and other international legal acts containing obligations of the Republic of Belarus.

Article 7. Respect for interests of the state, the rights, freedoms and legitimate interests of the citizen, the rights and legitimate interests of the legal entity when implementing judicial and expert activities

1. The state guarantees observance of the rights, freedoms and legitimate interests of the citizen, the rights and legitimate interests of the legal entity when implementing judicial and expert activities.

2. When conducting judicial examinations methods, life-threatening and health of physical person or the degrading his honor and advantage shall not be applied.

3. The conducting judicial examination requiring temporary restriction of freedom of physical person or his security of person is performed only on the bases and according to the procedure, established by legal acts.

Article 8. Independence of the court expert

1. The court expert is independent when conducting judicial examination and submits only to the law.

2. Impact on the court expert in any form from state bodies, political parties, other public associations, other organizations or their representatives, citizens for the purpose of rendering influence on the court expert or hindrance in any form of its activities is not allowed and attracts the responsibility established by legal acts.

3. The court expert shall not offer any explanations on the substance of the carried-out (carried-out) judicial expertizes, except as specified, provided by legal acts.

Article 9. Objectivity, comprehensiveness and completeness of conducting judicial examinations, admissibility and reliability of the methods applied in case of their carrying out

1. The court expert carries out judicial expertize objectively within the competence, comprehensively and in full using admissible and reliable methods.

2. When conducting judicial examinations the methodical materials approved and recommended by Interdepartmental scientific and methodical council in the sphere of judicial and expert activities under the State committee of judicial examinations (further - Interdepartmental scientific and methodical council), included in the Register of methodical materials in the sphere of judicial and expert activities are used.

Use of other materials is allowed on condition of scientific and practical reasons for the applied methods which are given in the expert opinion drawn by the court expert according to the procedure, established by the procedural legislation (further - court expert's report).

3. The methods which are not connected with complete or partial destruction of objects of judicial examination or change of their appearance or the main properties first of all are applied to the solution of the questions raised before the court expert.

4. Court expert's report shall be based on the provisions giving the chance to check justification of the drawn conclusions.

Article 10. State regulation and management in the sphere of judicial and expert activities

State regulation and control in the sphere of judicial and expert activities exercise the President of the Republic of Belarus, the State committee of judicial examinations within the competence determined by this Law and other legal acts.

Article 11. Powers of the President of the Republic of Belarus in the sphere of judicial and expert activities

The president of the Republic of Belarus in the sphere of judicial and expert activities determines single state policy and performs other powers according to the Constitution of the Republic of Belarus, this Law and other legal acts.

Article 12. Powers of the State committee of judicial examinations in the sphere of judicial and expert activities

The state committee of judicial examinations within the powers in the sphere of judicial and expert activities:

realizes single state policy;

coordinates activities of other state bodies, other organizations and physical persons;

carries out judicial expertizes on criminal, civil and economic cases, cases on administrative offenses, materials of checks according to statements (messages) on crimes;

establishes procedure for forming, maintaining and use of the Register of methodical materials in the sphere of judicial and expert activities;

approves Rules of professional ethics of the court expert;

determines the list of types (subspecies) of judicial examinations which carrying out is performed by the state judicial and expert organizations;

determines the list of types (subspecies) of judicial examinations which carrying out is performed based on special permission (license) for implementation of activities for conducting judicial examinations (further - the license);

establishes procedure for calculation of years of service of expert work;

establishes procedure for assignment (confirmation, decrease, deprivation) qualification categories to the employees of the judicial and expert organizations holding positions of the employees occupied in the sphere of judicial and expert activities;

determines the list of specialties (the directions of the specialties) of the higher education allowing to apply for assignment of qualification of the court expert by the corresponding type (subspecies) of judicial examination;

determines lists of specialties (the directions of the specialties) of the higher education allowing to apply for development of contents of educational programs of retraining of the leading employees and specialists having the higher education in specialties of the direction of education "Judicial examination";

performs other powers according to this Law and other legal acts.

Article 13. Licensing of activities for conducting judicial examinations

Licensing of activities for conducting judicial examinations is performed according to the procedure, the established legislation on licensing.

Chapter 2. Judicial and expert organizations, court expert. Rights, obligations and responsibility of the head of the judicial and expert organization, court expert

Article 14. Judicial and expert organizations

1. The judicial and expert organizations are the state judicial and expert organizations, and also the organizations performing activities for conducting judicial examinations based on the license.

The state judicial and expert organizations are bodies of the State committee of judicial examinations, the state security agencies, bodies of the border service, customs authorities, other state bodies and the organizations to which legal acts confer powers on conducting judicial examinations.

2. In the judicial and expert organizations the structural divisions which are directly performing activities for the organization of carrying out, control of carrying out and (or) conducting judicial examinations, being judicial and expert divisions can be created.

3. The judicial and expert organizations are created, will be reorganized and liquidated according to the procedure, established by the legislation.

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