Unofficial transfer. (c) Soyuzpravoinform
It is registered
Ministry of Justice of Ukraine
March 30, 2012
No. 484/20797
of March 29, 2012 No. 492/5
About approval of the Procedure for maintaining the state Register of the certified court experts
According to article 9 of the Law of Ukraine "About judicial examination", the subitem 55 of item 4 of the Regulations on the Ministry of Justice of Ukraine approved by the Presidential decree of Ukraine of April 06, 2011 No. 395, and for the purpose of enhancement of the organization of maintaining the state Register of the certified court experts I ORDER:
1. Approve the Procedure for maintaining the state Register of the certified court experts it (is applied).
2. To management of expert ensuring justice (Golovchenko L. M.) provide provision of this order on state registration according to the Presidential decree of Ukraine of October 03, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies" (with changes).
4. This order becomes effective from the date of its official publication.
5. To impose control over the implementation of this order on the deputy minister Vorona D. M.
Minister
O. Lavrinovich
Approved by the Order of the Ministry of Justice of Ukraine of March 29, 2012, No. 492/5
1. This Procedure determines the procedure of forming and maintaining the state Register of the certified court experts (further the Register).
2. The register is official electronic database which is kept for the purpose of creation of information fund about persons who received according to the procedure, provided by the Law of Ukraine "About judicial examination", qualification of the court expert.
The register consists of the information about the certified court experts of the Ministry of Justice of Ukraine, the Ministry of Health of Ukraine, the Ministry of Internal Affairs of Ukraine, the Ministry of Defence of Ukraine, the Security Service of Ukraine, State Border Service of Ukraine and court experts who are not employees of the public specialized agencies.
3. Holder Reestra is the Ministry of Justice of Ukraine which performs its maintaining.
Functions of the holder Reestr are assigned to structural division of the Ministry of Justice of Ukraine to which organizational and managerial ensuring judicial and expert activities is assigned (further the Holder Reestra).
4. Administrator Reestra (further - the Administrator) is the state company "National Information Systems" which provides technical and technological creation and support of the software of Reestr, provision of access to Reestr's data, ensures safety and data protection, containing in Reestra.
5. Maintaining the Register is performed in state language.
6. Court experts of the public specialized agencies join in the Register on representation of heads of these organizations which form is given in appendix 1 to this Procedure.
Representation is constituted on each court expert separately.
7. The court experts who are not employees of the public specialized agencies join in the Register based on the statement of the court expert which form is given in appendix 2 to this Procedure.
8. Reliability of information which are provided to the holder Reestra is provided by persons submitting this information.
9. Such data are entered in the Register:
surname, name, middle name of the court expert;
the name of the Expert and qualification commission (further - EKK), date and number of its decision;
number and effective period of the certificate or document confirming availability of qualification of the court expert (if issue of the certificate is not provided, the corresponding record is made);
examination type, expert specialty;
place of employment, location and phone of the court expert.
10. Changes to entry in the Register of rather court experts are made according to persons specified in Items 6, 7 presents About in case:
assignments to the expert of qualification of the court expert in other type of judicial examination or in other expert specialty;
confirmations of qualification of the court expert;
involvement of the expert to responsibility according to the current legislation of Ukraine;
changes of place of employment or location of the court expert;
changes of surname, name, middle name of the court expert;
the terminations or updates of activities of the court expert (the activities termination basis is specified).
Data concerning assignment to the expert of qualification of the court expert in other type of judicial examination or in other expert specialty and confirmation of qualification of the court expert move in the amount provided by Items 6, 7 presents About.
In case of attraction to disciplinary responsibility of the court expert who is not the employee of the public specialized agency or cancellations of the certificate on assignment of qualification of the court expert to such expert changes in register are entered by the Administrator on the corresponding representation of the Holder Reestr.
The mark "The Certificate Is Not Valid" and/or "Certificate Is Cancelled" concerning employees of the public specialized agencies is noted in representation (appendix 1) and is entered in the Register.
11. The holder Reestra checks correctness of document creation (representation, the statement) and Reestra transfers to the Administrator for entering into electronic base, and in case of their inadequate registration returns on completion.
12. Information which contains in the Register is open for requests of interested persons.
On requests of the Ministry of Justice of Ukraine physical persons and legal entities provides information from the Register in the form of extraction which contains information specified in Item 9 of this Procedure taking into account provisions of the legislation on the address of citizens and access to public information.
13. The information about the certified court experts which contains in the Register is posted on the official website of the Ministry of Justice of Ukraine.
Maintaining the website of the Ministry of Justice of Ukraine through which access to data of the Register moves is performed by the Administrator.
14. Information search, the stipulated in Item 13 presents About, is performed by last name, name, middle name of the court expert, expert specialty, the region, state body (which solution of EKK appropriates qualification of the court expert), to the expert's type (specialists of the public specialized agencies are not specialists of the public specialized agencies).
Search is performed by introduction of the above-stated data by means of letters and symbols of Ukrainian.
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