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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of July 1, 2013 No. 292

Questions of the State committee of judicial examinations of the Republic of Belarus

(as amended on 08-02-2016)

(Extraction)

For the purpose of creation of the necessary legal base for activities of the State committee of judicial examinations of the Republic of Belarus I decide:

1. Approve enclosed:

Regulations on central office of the State committee of judicial examinations of the Republic of Belarus;

Regulations on procedure for service in the State committee of judicial examinations of the Republic of Belarus;

Regulations on procedure for material logistics of the State committee of judicial examinations of the Republic of Belarus;

Disciplinary charter of the State committee of judicial examinations of the Republic of Belarus;

text of the Oath of the employee of the State committee of judicial examinations of the Republic of Belarus;

list of compliance of special ranks of staff of the State committee of judicial examinations of the Republic of Belarus to military ranks, special ranks of staff of law-enforcement bodies, Investigative Committee, employees of bodies of financial investigations of the State Control Committee, bodies and divisions for emergency situations, class ranks of public prosecutor's workers;

the paragraph of the seventh – for office use;

the list of positions in the State committee of judicial examinations of the Republic of Belarus which can be replaced with government employees.

2. Determine that:

training for the State committee of judicial examinations of the Republic of Belarus and increase in their qualification are performed according to the procedure, earlier established for expert organizations (divisions) based on which this Committee is formed;

special permissions (licenses) for implementation of activities for rendering legal services with indication of the service constituting the licensed type of activity, - judicial and expert activities, issued by the Ministry of Justice before entry into force of this Decree, are valid before the termination of term of their action.

2-1. Are under supervision of the State committee of judicial examinations of the Republic of Belarus:

public institution "Scientific and practical center of the State committee of judicial examinations of the Republic of Belarus";

public institution of education "Institute of advanced training and retraining of personnel of the State committee of judicial examinations of the Republic of Belarus";

republican unitary enterprise "Belsudekspertobespecheniye".

3. Make additions and changes to the following presidential decrees of the Republic of Belarus:

3.1. in the Presidential decree of the Republic of Belarus of July 2, 2002 No. 345 "About enhancement of procedure for posting of the military personnel, faces of the private and the commanding structure of the Investigative Committee, law-enforcement bodies, financial investigations of the State Control Committee, bodies and divisions for emergency situations to state bodies and other organizations" (The national register of legal acts of the Republic of Belarus, 2002, No. 77, 1/3816; No. 139, 1/4203; 2012, No. 8, 1/13223):

3.1.1. to add the name and Item 1 after the words "on emergency situations" with words ", the State committee of judicial examinations";

3.1.2. in Regulations on the procedure for posting of the military personnel, faces of the private and the commanding structure of the Investigative Committee, law-enforcement bodies, financial investigations of the State Control Committee, bodies and divisions for emergency situations to state bodies and other organizations approved by this Decree:

3.1.2.1. to add the name after the words "on emergency situations" with words ", the State committee of judicial examinations";

3.1.2.2. and "divisions on emergency situations" to add Item 1 part one after words of "divisions on emergency situations" respectively with words ", the State committee of judicial examinations" and ", the State committee of judicial examinations";

3.2. in the Presidential decree of the Republic of Belarus of September 14, 2003 No. 407 "About some measures for enhancement of judicial and expert activities" (The national register of legal acts of the Republic of Belarus, 2003, No. 105, 1/4928; 2004, No. 120, 1/5713; 2012, No. 72, 1/13579):

3.2.1. exclude Items 1 and 3;

3.2.2. state Item 2 in the following edition:

"2. Determine that the State committee of judicial examinations, customs laboratories subordinated to the State Customs Committee, organization of education "State institute of advanced training and retraining of personnel of customs authorities of the Republic of Belarus" and other public judicial and expert institutions (divisions) created in the procedure established by the legislation (further - the public judicial and expert institutions), perform the activities without receipt of the corresponding special permissions (licenses).

To the organizations which are not the public judicial and expert institutions and also individual entrepreneurs special permissions (licenses) for implementation of judicial and expert activities are issued by the State committee of judicial examinations.";

3.3. in the Presidential decree of the Republic of Belarus of October 16, 2009 No. 510 "About enhancement of control (supervising) activities in the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2009, No. 253, 1/11062; National legal Internet portal of the Republic of Belarus, 31.07.2012, 1/13654):

3.3.1. in part one of Item 15 of the Regulations on procedure for the organization and the conducting checks approved by this Decree "Public service of medical judicial examinations" shall be replaced with words words "The state committee of judicial examinations";

3.3.2. in Item 36 and the note to Item 39 of the list of the controlling (supervising) bodies and spheres of their control (supervising) activities approved by this Decree of the word "Public Service of Medical Judicial Examinations" shall be replaced with words "The state committee of judicial examinations";

3.4. in Regulations on the licensing of separate types of activity approved by the Presidential decree of the Republic of Belarus of September 1, 2010 No. 450 "About licensing of separate types of activity" (The national register of legal acts of the Republic of Belarus, 2010, No. 212, 1/11914; 2012, No. 8, 1/13223; No. 72, 1/13579):

3.4.1. the paragraph the fifth Item 1 and the paragraph third Item 435 parts two after words to "emergency situations" to add respectively with words "The state committee of judicial examinations", and "The state committee of judicial examinations,";

3.4.2. in Chapter 34:

3.4.2.1. the second Item 341 to state part in the following edition:

"Receipt of the license for rendering realtor services by the state realtor organizations is not required. At the same time rendering such services is allowed on condition of compliance of the specified organizations to other special requirements determined by the legislation.";

3.4.2.2. in Item 342:

to exclude paragraphs of the fifth, seventh;

the sixth or ninth to consider paragraphs respectively paragraphs the fifth or seventh;

3.4.2.3. 343, subitem 344.1.2 of Item 344, subitem 346.2 of Item 346, subitem 347.3 of Item 347, subitem 348.2 of Item 348 to exclude subitem 343.2 of Item;

3.4.2.4. in Item 345 of the word "about assignment of qualification of the court expert" to exclude.

3.4.2.5. to exclude from part one of Item 350 of the word "and the commission on questions of licensing of activities for rendering legal services with indication of component-judicial and expert activities";

3.4.3. add the Provision with Chapter 41-1 of the following content:

"CHAPTER 41-1 JUDICIAL AND EXPERT ACTIVITIES

422-2. Licensing of judicial and expert activities (further for the purposes of this Chapter - the licensed activities) is performed by the State committee of judicial examinations (Item 35-1 of appendix 1 to this Provision).

422-3. Receipt of the license for implementation of judicial and expert activities by the public judicial and expert institutions is not required. At the same time implementation of such activities is allowed on condition of compliance of the specified organizations to other special requirements determined by the legislation.

422-4. For the purposes of this Chapter and Item 35-1 appendices 1 to this Provision are used the following terms and determinations:

the customer - the legal entity or physical person which addressed the licensee for implementation of judicial and expert activities according to the procedure, established by the legislation;

the certificate on assignment of qualification of the court expert - the document issued by the State committee of judicial examinations, confirmatory that person specified in it was trained according to the procedure, established by this Committee, and has knowledge and professional skills necessary for implementation of judicial and expert activities for one or several types (subspecies) of judicial examinations which list is determined by the State committee of judicial examinations;

judicial and expert activities - paid rendering services to courts (judges), bodies of inquiry, to investigators, prosecutors, other participants of criminal, civil, economic, administrative process in establishment of the actual facts of the case which are subject to proof on criminal, civil cases, the cases considered in economic court, to cases on administrative offenses by means of permission of the questions requiring special knowledge in the field of science, the equipment, art or craft and other fields of activity;

technical and support personnel - the workers of the licensee performing labor functions on organizational, to material logistics of judicial and expert activities.

422-5. The legal entities of the Republic of Belarus and individual entrepreneurs registered in the Republic of Belarus have the right to the license for implementation of judicial and expert activities.

422-6. The legal entity has no right to the license for implementation of judicial and expert activities if:

the head or the worker of the legal entity having the certificate on assignment of qualification of the court expert is in accordance with the established procedure acknowledged incapacitated or is limited by capable;

the head or the worker of the legal entity having the certificate on assignment of qualification of the court expert committed intentional crime and criminal record earlier is not removed and not extinguished;

the head or the worker of the legal entity having the certificate on assignment of qualification of the court expert within 3 years about day of the request for receipt of the license was dismissed from law enforcement, judicial and other state bodies for guilty actions;

the decision on cancellation of the certificate on assignment of qualification of the court expert was made on the head of the legal entity within one year about day of the request for receipt of the license.

422-7. The individual entrepreneur has no right to the license for implementation of judicial and expert activities if:

it is in accordance with the established procedure acknowledged incapacitated or is limited by capable;

he committed intentional crime and criminal record is not removed and not extinguished;

he within 3 years about day of the request for receipt of the license was dismissed from law enforcement, judicial and other state bodies for guilty actions;

the decision on cancellation of the license for implementation of judicial and expert activities was made on it within one year about day of the request for receipt of the license.

422-8. The state committee of judicial examinations grants the certificate on assignment of qualification of the court expert, its duplicates, establishes procedure for issue of such certificate, introduction in it of changes, prolongation of effective period and cancellation of the certificate.

422-9. The licensed requirements and conditions shown to the license applicant are:

for the legal entity - availability in the state at least 2 workers having the certificate on assignment of qualification of the court expert by one type (subspecies) of judicial examination;

for the individual entrepreneur - availability of nationality of the Republic of Belarus and the certificate on assignment of qualification of the court expert.

422-10. The licensed requirements and conditions shown to the licensee are:

general licensed requirements and conditions - observance of the requirements and conditions established by the regulatory legal acts regulating the licensed activities;

observance of the licensed requirements and conditions specified in Item 4229 of this provision;

availability of the magazine of registration of examinations, the document establishing rates for the rendered services determined according to the legislation, contracts for rendering these services and (or) other documents confirming the fact of rendering paid services according to the legislation;

implementation of the licensed activities only the workers having certificates on assignment of qualification of the court expert;

availability of the corresponding material and technical resources and conditions for production of judicial examinations by the declared types (subspecies) of judicial examinations according to the requirements determined by the State committee of judicial examinations.

422-11. For receipt of the license her job seeker in addition to the documents specified in subitems 15.1-15.4 of Item 15 of this provision represents the questionnaire of the license applicant in the form approved by the State committee of judicial examinations and also:

the legal entity - the copy of the staff list, the statement from service records (their duplicates) of the staff employees having the certificates on assignment of qualification of the court expert containing the data on work from the date of submission of documents on receipt of the certificate on assignment of qualification of the court expert about day of submission of documents for receipt of the license certified by the head of the legal entity;

the individual entrepreneur - the statement from the service record (its duplicate) containing data on work from the date of submission of documents on receipt of the certificate on assignment of qualification of the court expert about day of submission of documents for receipt of the license, certified by the individual entrepreneur (with presentation of its original).

422-12. Before decision making concerning licensing the State committee of judicial examinations has the right to carry out assessment of conformity of opportunities of the license applicant (licensee) to licensed requirements and conditions.

422-13. The state committee of judicial examinations creates the commission on questions of licensing of judicial and expert activities.

This commission considers applications and (or) other materials about licensing, introduction in it of changes and (or) amendments, prolongation of effective period, suspension, renewal, cancellation of the license and its cancellation, and also about implementation by the licensee of judicial and expert activities. By results of consideration said commission draws the conclusion about compliance or discrepancy of opportunities of the license applicant (licensee) to licensed requirements and conditions.

The decision on issue (refusal in issue) licenses, introduction in it of changes and (or) amendments, suspension, renewal, prolongation of effective period of the license, the termination of its action, cancellation of the license is accepted by the State committee of judicial examinations based on the conclusion of the called commission.

422-14. Gross violations of the legislation on licensing, licensed requirements and conditions are:

implementation of the licensed activities by persons who do not have the right to its implementation;

transfer of the right to implementation of the licensed activities to other legal entity or physical person;

implementation of judicial and expert activities without the conclusion of the contract for implementation of judicial and expert activities.";

3.4.4. in appendix 1 to this Provision:

3.4.4.1. to exclude subitem 28.2 of Item 28;

3.4.4.2. add appendix after Item 35 with Item 35-1 of the following content:

"35-1. Judicial and expert activities

State committee of judicial examinations

5";

3.5. in the text of the State investing program for 2013 approved by the Presidential decree of the Republic of Belarus of March 14, 2013 No. 126 (The national legal Internet portal of the Republic of Belarus, 16.03. 2013, 1/14146), the words "Public Service of Medical Judicial Examinations" shall be replaced with words "The state committee of judicial examinations".

4. Recognize invalid legal acts and separate provisions of legal acts of the President of the Republic of Belarus according to appendix.

5. In three-months time to provide to Council of Ministers of the Republic of Belarus reduction of regulatory legal acts of the Government of the Republic of Belarus and the republican state bodies subordinated to it in compliance with this Decree and to take other measures for its realization.

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