ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of June 22, 2012 No. 925/5

About approval of Changes in Regulations on the expert and qualification commissions and certification of court experts

According to article 17 of the Law of Ukraine "About judicial examination" and for the purpose of enhancement of procedure for preparation and certification of court experts I ORDER:

1. Approve Changes in the Regulations on the expert and qualification commissions and certification of court experts approved by the order of the Ministry of Justice of Ukraine of August 09, 2005 No. 86/5 (in edition of the order of the Ministry of Justice of Ukraine of November 07, 2007 No. 1054/5), registered in the Ministry of Justice of Ukraine on August 11, 2005 for No. 882/11162, which are applied.

2. To management of expert ensuring justice (Golovchenko L. M.) provide submission 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".

3. To impose control over the implementation of this order on the first deputy Minister of Justice Yemelyanova I. I.

4. This order becomes effective from the date of its official publication.

Approved by the Order of the Ministry of Justice of Ukraine of June 22, 2012 No. 925/5

Changes in Regulations on the expert and qualification commissions and certification of court experts

1. To state paragraph two of Item 2.8 of the Section II in such edition:

"About time of holding meeting of TsEKK on consideration of questions of assignment (confirmation) of qualification of the court expert to interested persons it is reported not later than in 7 days".

2. In the Section III:

2.1. State Item 3.2 in such edition:

"3.2. Certification of court experts for the purpose of assignment of qualification class of the court expert is carried out according to Procedure for assignment of qualification classes of court experts to the employees of research establishments of judicial examinations of the Ministry of Justice of Ukraine approved by the order of the Ministry of Justice of Ukraine of December 30, 2011 No. 3660/5, registered in the Ministry of Justice of Ukraine on January 03, 2012 for No. 2/20315.".

2.2. To add Item 3.5 paragraph two after words of "judicial examination" with the words "and representative of Ministry of Justice".

2.3. Add Item 3.6 with the new paragraph third such content:

"In case of consideration of question concerning assignment of qualification of the court expert on expert specialty, specialists in which are absent in organization, or new expert specialty in changeable structure of EKK specialists of other research establishments of judicial examinations of Ministry of Justice, leading experts of the corresponding knowledge domain of scientific institutions, educational institutions, other state bodies can be attracted (in consent).".

With respect thereto paragraphs the third, fourth to consider respectively paragraphs the fourth, fifth.

3. In the Section IV:

items 4. 4.3, 4.6, 4.8 - 4.12, 4.14, 4.19 - 4.23 to state 1, in such edition:

"4.1. For assignment (confirmation) of qualification of the court expert specialists of research establishments of judicial examinations of Ministry of Justice shall have the corresponding higher education, educational and qualification level is not lower than the specialist, to have training in industry of judicial examination on certain expert specialty, to know the legislation of Ukraine on judicial examination both methodical requirements and practice of their application on the corresponding expert specialty.";

"4.3. For assignment (confirmation) of qualification of the court expert specialists who are not employees of the public specialized agencies shall have the corresponding higher education, obrazovatelnokvalifikatsionny level is not lower than the specialist, to be trained (training) in research establishments of judicial examinations of Ministry of Justice on the corresponding expert specialty, as a rule, on zones of regional servicing, to know methodical requirements and practice of their application for the corresponding expert specialty and the legislation of Ukraine on judicial examination.

In case of the solution of question concerning compliance of the higher education of expert specialty on which the specialist intends to be trained for the purpose of receipt of qualification of the court expert school hours (number of hours) on the corresponding disciplines of the training program specified in appendix to the diploma about the higher education are considered.

Specialists who were certified for the corresponding expert specialty EKK of research establishments of judicial examinations of Ministry of Justice and intend to work independently at professional basis, after dismissal from staff of organization pass training in research establishments of judicial examinations of Ministry of Justice and certification in TsEKK according to requirements of this provision.

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