of June 1, 2010 No. ZRU-249
About judicial examination
Accepted by Legislative house on November 18, 2009
Approved by the Senate on May 7, 2010
The purpose of this Law is regulation of the relations in the field of judicial examination.
The legislation on judicial examination consists of this Law and other acts of the legislation.
If the international treaty of the Republic of Uzbekistan establishes other rules, than those which are stipulated by the legislation the Republic of Uzbekistan about judicial examination then are applied rules of the international treaty.
In this Law the following basic concepts are applied:
the state court expert - the court expert of the public judicial and expert institution making judicial examination according to the procedure of accomplishment of the service duties;
case - civil, economic, criminal case (including materials of investigation verification), case on administrative offense on which judicial examination is appointed;
the court expert - the physical person having knowledge, special for making the conclusion, in the field of science, the equipment, art or craft, appointed in accordance with the established procedure as the court expert;
court expert's report (conclusion) - the written instrument constituted by the court expert or the commission of court experts and reflecting the course and results of judicial and expert researches;
judicial examination - the legal proceeding in civil, economic, criminal and administrative trial directed to establishment of the facts of the case and consisting in carrying out judicial and expert researches and making the conclusion by the court expert on the basis of special knowledge in the field of science, the equipment, art or craft;
judicial and expert activities - activities for the organization and production of judicial examination.
The basic principles of judicial and expert activities are legality, observance of human rights and freedoms, independence of the court expert, objectivity, comprehensiveness and completeness of judicial and expert researches.
Judicial and expert activities are performed in case of observance of requirements of the Constitution of the Republic of Uzbekistan and other acts of the legislation.
Judicial and expert activities are performed in case of observance of the human rights and freedoms provided by the Constitution and the laws of the Republic of Uzbekistan.
The judicial and expert researches (further - researches) requiring temporary restriction of freedom of person or violation of his security of person are conducted only on the bases and according to the procedure, established by the law.
Person believing that the decisions made in communication by sproizvodstvo of judicial examination by the public judicial and expert institution or other company, organization, the organization (further - other organization), actions (failure to act) of the court expert led it to restriction it is right also freedoms, have the right to appeal the specified decisions, actions (failure to act) according to the procedure, established by the law.
The court expert is independent in case of production of judicial examination of body (person) who appointed judicial examination, the parties and other persons interested in the outcome of the case.
The court expert draws the conclusion, based on results of the conducted researches according to the special knowledge in the field of science, the equipment, art or craft (daleespetsialny knowledge).
Impact on the court expert from body (person) who appointed judicial examination is not allowed and also other state bodies, legal entities and physical persons for the purpose of receipt of the conclusion for benefit of any of the parties or other persons interested in the outcome of the case.
The court expert conducts researches objectively, on strictly scientific and practical basis, within the corresponding specialty, comprehensively and in full.
Court expert's report (conclusion) shall be based on the provisions giving the chance to check justification and reliability of the drawn conclusions according to base of the commonly accepted scientific and practical data.
Physical evidences, samples for research, other material objects, corpses and their parts, documents, and also case papers on which judicial expertize is carried out can be objects of research. Researches are conducted also concerning the living person.
Samples for research are the objects displaying the properties of the living person, corpse, animal, plant, subject, material or substance necessary for the court expert for carrying out research and making the conclusion.
In case of production of judicial examination research objects (except the living person) can be damaged or spent, only in that measure in what it is necessary for carrying out research. At the same time it is necessary to get the written permission of body (person) who appointed judicial examination for partial damage or expenditure of object of research, except as specified, when features of the appointed judicial examination assume damage (spoil) or expenditure of object.
The damage or expenditure of objects of research made with the written permission of body (person) who appointed judicial examination, or connected with features of the appointed judicial examination does not involve compensation of damage to the owner of these objects by the public judicial and expert institution, other organization or the court expert.
Research objects if their dimensions and properties allow, shall be transferred to the court expert in the packed and sealed type.
In case of impossibility of delivery of object of research to place of employment of the court expert the body (person) which appointed judicial examination provides it easy access to this object and possibility of its research.
After completion of judicial examination research objects if they are spent not completely, return to body (person) who appointed judicial examination.
The state court expert, the employee of other organization or other physical person can act as the court expert.
The employee of other organization makes judicial examination according to the procedure of accomplishment of the assignment given to this organization by body (person) who appointed it.
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