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LAW OF THE AZERBAIJAN REPUBLIC

of November 18, 1999 No. 758-IG

About judicial and expert activities

(as amended on 29-11-2019)

This Law establishes legal, organizational basis and the main directions of judicial and expert activities in the Azerbaijan Republic, governs the public relations arising under the organization and performing judicial examination.

Judicial examination is performed in case of production on the civil, criminal and another matters which are within competence of the courts of the Azerbaijan Republic.

Chapter I. General provisions

Article 1. Basic concepts

In this Law the following concepts are used:

* judicial examination - the research which is made on the basis of special scientific knowledge of the material objects, events and processes bearing information on the facts of the case which is in production of body of inquiry, pretrial investigation or court (judge);

* activities of judicial examination - the activities connected with the organization and performing judicial examination, pursuing the providing aim by means of special scientific knowledge of the rights and legitimate interests of participants of process;

* the court expert (expert) - person to who performing judicial examination having necessary knowledge of the special questions relating to subject of judicial examination, the received certificate of the court expert in the outcome of the case is assigned;

* the expert opinion - the valid final conclusion answering the questions raised before the expert the body or person who appointed (ordered) judicial examination;

* subject of judicial examination - circle of the issues resolved by judicial examination.

* organization of judicial examination - the state body performing activities of judicial examination;

* method of judicial and expert research - system of the methods and means applied when studying material objects, incidents and processes in connection with subject of judicial examination, containing information on the facts of the case.

Article 2. Legislation on activities of judicial examination

The legislation on activities of judicial examination consists of the Constitution of the Azerbaijan Republic, Criminal procedure and Civil procedural codes of the Azerbaijan Republic, the Code about administrative offenses of the Azerbaijan Republic, this Law and other legal acts of the Azerbaijan Republic.

Article 3. Task of activities of judicial examination

The main objective of activities of judicial examination consists in establishment based on special knowledge of science, the equipment, art, skill and other areas of the actual cases having evidential value.

Article 4. Principles of activities of judicial examination

Activities of judicial examination are based on the principles of protection of rights and freedoms of man and citizen, law enforcement, independence of the expert, objectivity, comprehensiveness and completeness of the researches performed with use of modern achievements of science and technology.

Article 5. Observance of rights and freedoms of man and citizen in case of performing judicial examination

In case of performing judicial examination rights and freedoms of man and citizen shall be observed.

Person considering the rights and freedoms broken owing to activities of judicial examination, can according to the procedure, stipulated by the legislation the Azerbaijan Republic, appeal this action to the head of organization of judicial examination or in court.

Article 6. Independence of the expert

In case of performing judicial examination the expert is independent, he cannot depend on the body or person who appointed (ordered) judicial examination of the parties and other persons interested in the outcome of the case somehow. The expert draws the conclusion according to results of the made research, based on the special knowledge and internal confidence.

The impact in any form on the expert made by courts (judges), person making inquiry the investigator, the prosecutor, and also other state bodies, the organizations or individuals for the purpose of receipt of the conclusion which is equitable to interests any the participant of process or for benefit of other persons is forbidden.

Person guilty of rendering impact on the expert, bears responsibility according to the procedure, established by the legislation of the Azerbaijan Republic.

Article 7. Objectivity, comprehensiveness and completeness of research

The expert makes research objectively, comprehensively and in full within the corresponding qualification, on scientific and practical bases.

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