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The document ceased to be valid since  February 25, 2017 according to article 64 of the Law of the Republic of Kazakhstan of February 10, 2017 No. 44-VI ZRK

LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 20, 2010 No. 240-IV ZRK

About judicial and expert activities in the Republic of Kazakhstan

(as amended on 29-12-2014)

This Law governs the public relations on implementation of judicial and expert activities in the Republic of Kazakhstan.

The procedure for appointment and production of judicial examination is established Criminal procedure, Civil procedural by codes of the Republic of Kazakhstan and the Code of the Republic of Kazakhstan about administrative offenses.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) special scientific knowledge - area of special knowledge which content is made by the scientific knowledge realized in techniques of judicial and expert researches;

2) the expert opinion - the document which is drawn up according to requirements of the laws of the Republic of Kazakhstan reflecting the course and results of judicial and expert research;

3) judicial and expert activities - activities of bodies of judicial examination and court experts on the organization and production of judicial examination;

4) the license for occupation judicial and expert activities - the permission issued to physical person by the Ministry of Justice of the Republic of Kazakhstan to occupation judicial and expert activities;

5) technique of judicial and expert research - system of the methods applied when studying objects of judicial examination to establishment of the circumstances relating to subject of certain sort, type of judicial examination;

6) method of judicial and expert research - system of logical and (or) tool transactions (methods, methods), the objects of judicial examination used when studying for establishment of the circumstances relating to subject of judicial examination;

7) judicial examination - the research of materials of criminal, civil case or case on administrative offense conducted on the basis of special scientific knowledge for the purpose of establishment of the circumstances important for its permission;

8) subject of judicial examination - the circumstances important for permission of criminal, civil case or case on administrative offense, established by production of judicial examination;

9) objects of judicial examination - physical evidences, documents, body and condition of mentality of the person, corpses, animals, the samples and also relating to subject of judicial examination of the data, containing in case papers according to which judicial examination is made;

10) bodies of judicial examination - the state legal entities performing judicial and expert activities according to the procedure, established by the laws of the Republic of Kazakhstan;

11) the head of body of judicial examination - person performing management of judicial and expert activities of body of judicial examination (the first head of body of judicial examination, the head of territorial subdivision of body of judicial examination);

12) the court expert - person conforming to requirements of this Law to which body (person) conducting criminal procedure court or body (official), the representative to consider cases on administrative offenses, the prosecutor, the notary according to the procedure, established by the laws of the Republic of Kazakhstan is entrusted production of judicial examination;

13) specialty of the court expert - scientific competence of the court expert in the field of production of the certain type of judicial examination established by the legislation of the Republic of Kazakhstan;

14) samples - the objects of material world displaying the properties of the living person, corpse, animal, substance, subject necessary for carrying out judicial and expert research and making the expert opinion.

Article 2. Legislation of the Republic of Kazakhstan on judicial and expert activities

1. The legislation of the Republic of Kazakhstan on judicial and expert activities is based on the Constitution of the Republic of Kazakhstan, consists from Criminal procedure and Civil procedural codes of the Republic of Kazakhstan, the Code of the Republic of Kazakhstan about administrative offenses, this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 3. Content of judicial and expert activities

Content of judicial and expert activities includes:

1) production of judicial examination on criminal, civil cases and cases on administrative offenses;

2) scientific research in the field of judicial examination;

3) scientific and methodical and information support of judicial examination;

4) matching, professional training and advanced training of court experts.

Article 4. Task of judicial and expert activities

Task of judicial and expert activities is ensuring production on criminal, civil cases, and also on cases on administrative offenses results of use of special scientific knowledge.

Article 5. Principles of judicial and expert activities

Judicial and expert activities are based on the principles:

1) legality;

2) observance of the rights, freedoms and legitimate interests of man and citizen, rights and legitimate interests of the legal entity;

3) independence of the court expert;

4) admissibilities of use of scientific and technical means and methods when carrying out judicial and expert researches;

5) comprehensiveness, completeness and objectivity of judicial and expert researches;

6) observance of professional ethics of the court expert.

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