ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of July 25, 2024 No. 601

About approval of Rules of payment of the amounts which are due to experts, specialists and translators

According to part six of Article 110 and part two of Article 111 of the Code of civil procedure of the Republic of Kazakhstan the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of payment of the amounts which are due to experts, specialists and translators.

2. Recognize to invalid:

1) the resolution of the Cabinet of Ministers of the Republic of Kazakhstan of February 25, 1992 No. 152 "About approval of the Instruction about procedure and the amount of expense recovery and payment of remuneration to persons in connection with their challenge in bodies of inquiry, pretrial investigation, prosecutor's office or in court";

2) the order of the Government of the Republic of Kazakhstan of November 30, 1998 No. 1209 "About introduction of amendments to the resolution of the Cabinet of Ministers of the Republic of Kazakhstan of February 25, 1992 No. 152".

3. This resolution becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of July 25, 2024 No. 601

Rules of payment of the amounts which are due to experts, specialists and translators

Chapter 1. General provisions

1. These rules of payment of the amounts which are due to experts, specialists and translators (further - Rules), are developed according to Articles 110 and 111 of the Code of civil procedure of the Republic of Kazakhstan (further - the Code) and determine payment procedure of the amounts which are due to experts, specialists and translators within civil cases.

2. To experts, specialists and translators the expenses suffered by them in connection with appearance in court on journey are compensated, I will hire rooms and daily allowance in the sizes established for persons sent to business trips according to the order of the Government of the Republic of Kazakhstan of May 11, 2018 No. 256 "About approval of Rules of expense recovery for official journeys at the expense of budgetary funds including in foreign states is paid".

3. To the expert and the specialist the cost of the chemical reactants and other consumable materials spent by them in case of accomplishment of the charged work belonging to them and also the payment for use of the equipment brought by them for performance of work, utilities are also compensated.

4. The performed work which is not entering circle of service duties of the experts involved in one-time procedure and also specialists at the request of court is subject to payment.

The amount of payment is determined by court by approval of the parties and previously is deposited to account, opened according to the procedure, established by the budget legislation of the Republic of Kazakhstan, the party which declared the petition.

5. Payment of the amounts to experts, specialists, and also payment of production of examination by bodies of judicial examination are made by the party which declared the petition. If the petition is declared by both parties or purpose of examination, involvement of the specialist is made at the initiative of court, the required amounts are paid by the parties in equal parts.

6. The amounts which are subject to payment for production of examination by body of judicial examination are brought in the relevant budget in the form of advance payment by the party (parties) which declared the petition or the party to which the court assigns such obligation. In case of not introduction the sums of the costs determined by court the terms connected with examination production are assigned by a court decision to person which did not perform (out of time performed) payment irrespective of results of consideration of the case according to part two of article 109 of the Code.

7. Payment of the amounts which are due to experts and specialists in case one or both parties are exempted from payment of costs, is made at the expense of budgetary funds by results of consideration of the case based on the judgment.

Chapter 2. Payment procedure of the amounts which are due to experts, specialists and translators

8. Payment of the amounts which are due to experts, specialists and translators is made based on the court resolution which is taken out by the judge by consideration of civil case.

After accomplishment of the obligations specified persons address to financial service of authorized state body in the field of judicial administration or territorial subdivision in areas, the capital and the cities of republican value with the statement for payment of the receivable amounts, with appendix of the following supporting documents:

1) the court resolution which is taken out by the judge about fee;

2) the identity certificate received from the corresponding state information systems through the Elektronnoye Pravitelstvo web portal;

3) numbers of the current bank account.

9. The amounts which are subject to payment to experts to specialists and translators are determined according to the order of the Government of the Republic of Kazakhstan of October 9, 2014 No. 1070 "About some questions of expense recovery to persons suffered in case of criminal proceeding".

10. The financial service of authorized body in the field of judicial administration or territorial subdivision in areas, the capital and the cities of republican value from the date of receipt of court resolution about payment of the amounts which are due to experts, specialists and translators performs check of charge by court of the amount which is subject to payment within ten working days.

11. By results of check of the amount, subject to payment, are paid by financial service of authorized body in the field of judicial administration or territorial subdivision in areas, the capital and the cities of republican value immediately from the means which are specially allocated from the republican budget for the specified purposes and provided in the corresponding funding plans.

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