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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 22-06-2023)

(Extraction)

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

1. Approve:

The regulations on central office of the State committee of judicial examinations of the Republic of Belarus (are applied);

The regulations on procedure for service in the State committee of judicial examinations of the Republic of Belarus (are applied);

The regulations on procedure for material logistics of the State committee of judicial examinations of the Republic of Belarus (are applied);

The disciplinary charter of the State committee of judicial examinations of the Republic of Belarus (is attached);

the text of the Oath of the employee of the State committee of judicial examinations of the Republic of Belarus (is attached);

the 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, the 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 (is attached);

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 the government civil servants (is attached).

2. Determine that determination of the list of the specialties of the higher education allowing to apply for development of contents of educational programs of retraining of the leading employees and specialists having the higher education in group of specialties "Judicial Examination" is performed by the State committee of judicial examinations.

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

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. ceased to be valid according to the Presidential decree of the Republic of Belarus of 13.08.2020 No. 306

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. ceased to be valid according to the Presidential decree of the Republic of Belarus of 22.06.2023 No. 178

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.

6. In 10-day time from the date of the introduction of this Decree in force to provide to the Ministry of Justice transfer to the State committee of judicial examinations of the Republic of Belarus of the corresponding statements and documents according to which decisions on issue of 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, and also the necessary number of forms of licenses are not made.

7. This Decree becomes effective since July 1, 2013.

President of the Republic of Belarus

A. Lukashenko

Appendix

to the Presidential decree of the Republic of Belarus of July 1, 2013 No. 292

List of invalid legal acts and separate provisions of legal acts of the President of the Republic of Belarus

1. The presidential decree of the Republic of Belarus of December 29, 2001 No. 808 "About Public service of medical judicial examinations" (The national register of legal acts of the Republic of Belarus, 2002, No. 4, 1/3364).

2. The presidential decree of the Republic of Belarus of October 17, 2003 No. 457 "About approval of the Regulations on the Interdepartmental commission on questions of judicial and expert activities under the Security Council of the Republic of Belarus and its structure" (The national register of legal acts of the Republic of Belarus, 2003, No. 117, 1/5014).

3. Item 4 of the Presidential decree of the Republic of Belarus of July 14, 2004 No. 329 "About modification of some presidential decrees of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2004, No. 110, 1/5675).

4. Subitem 1.5 of Item 1 of the Presidential decree of the Republic of Belarus of February 17, 2005 No. 85 "About modification and amendments in some presidential decrees of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2005, No. 27, 1/6260).

5. The presidential decree of the Republic of Belarus of January 9, 2006 No. 14 "About modification of structure of the Interdepartmental commission on questions of judicial and expert activities under the Security Council of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2006, No. 6, 1/7129).

6. Item 4 of appendix to the Presidential decree of the Republic of Belarus of May 5, 2006 No. 289 "About structure of the Government of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2006, No. 74, 1/7567).

7. Subitem 1.4 of Item 1 of the Presidential decree of the Republic of Belarus of June 1, 2007 No. 250 "About modification of some presidential decrees of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2007, No. 134, 1/8626).

8. Subitem 1.4 of Item 1 of the Presidential decree of the Republic of Belarus of January 28, 2008 No. 52 "About modification of some presidential decrees of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2008, No. 29, 1/9402).

9. For office use.

10. Subitem 1.4 of Item 1 of the Presidential decree of the Republic of Belarus of July 23, 2009 No. 389 "About modification of some presidential decrees of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2009, No. 185, 1/10890).

11. Subitem 1.3 of Item 1 of the Presidential decree of the Republic of Belarus of August 6, 2010 No. 411 "About modification of some presidential decrees of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2010, No. 196, 1/11861).

12. Subitem 1.9 of Item 1 of the Presidential decree of the Republic of Belarus of August 1, 2011 No. 338 "About modification and amendments in some presidential decrees of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2011, No. 88, 1/12735).

13. Subitem 1.3 of Item 1 of the Presidential decree of the Republic of Belarus of December 27, 2012 No. 570 "About modification of some presidential decrees of the Republic of Belarus" (The national legal Internet portal of the Republic of Belarus, 29.12.2012, 1/13960).

 

Approved by the Presidential decree of the Republic of Belarus of July 1, 2013 No. 292

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

1. The central office of the State committee of judicial examinations heads system of the State committee of judicial examinations and exercises within the powers regulation and control in the sphere of judicial and expert activities, and also coordination of activities of other state bodies, other organizations and physical persons in this sphere.

2. The structure of central office of the State committee of judicial examinations includes head departments, managements, departments, sectors. In central office of the State committee of judicial examinations for the purpose of ensuring its activities and maintenance other divisions according to the legislation can be created.

In central office of the State committee of judicial examinations forensic-psychiatric expert hospitals can be created.

The structure of central office of the State committee of judicial examinations is approved by the Chairman of the State committee of judicial examinations in coordination with the President of the Republic of Belarus.

The staff list of central office of the State committee of judicial examinations affirms the Chairman of the State committee of judicial examinations within the number of staff of central office of the State committee of judicial examinations established by the President of the Republic of Belarus.

3. The central office of the State committee of judicial examinations in the activities is guided by the Constitution of the Republic of Belarus, the Law of the Republic of Belarus of July 15, 2015 No. 293-Z "About the State committee of judicial examinations of the Republic of Belarus", other laws, legal acts of the President of the Republic of Belarus, including this Provision, other acts of the legislation and international treaties of the Republic of Belarus.

4. The central office of the State committee of judicial examinations is legal entity, has seal and forms with the image of the State Emblem of the Republic of Belarus and with the name.

5. The property of central office of the State committee of judicial examinations is property of the Republic of Belarus and is assigned to it on the right of operational management.

6. Financing of activities of central office of the State committee of judicial examinations is performed at the expense of the means of the republican budget and other sources which are not forbidden by the legislation.

7. The central office of the State committee of judicial examinations is educational, including clinical, base for the scientific organizations, institutions of higher education and additional education of adults.

8. The main objectives of central office of the State committee of judicial examinations are:

8.1. realization of single state policy in the sphere of judicial and expert activities, including its scientific and methodical providing;

8.2. implementation of judicial and expert activities;

8.3. determination and realization of the main directions of enhancement of judicial and expert activities, implementation in practice of achievements of science and technology, positive experience, progressive forms and methods of the organization and conducting judicial examinations, examinations (researches), examinations;

8.4. the organization of preparation and training in educational programs of additional education of the adult persons intending to perform (performing) judicial and expert activities scientists within the competence;

8.5. the organization and development within the competence of international cooperation of the sphere of judicial and expert activities.

9. The central office of the State committee of judicial examinations according to the tasks assigned to it performs functions and has powers, the stipulated in Article 11 Laws of the Republic of Belarus "About the State committee of judicial examinations of the Republic of Belarus", and also will organize holding sporting events on military and applied, office and applied and other sports, sports and mass and sports and improving actions, physical training of employees according to the procedure, established by the legislation.

 

Approved by the Presidential decree of the Republic of Belarus of July 1, 2013 No. 292

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

Chapter 1. General provisions

1. This Provision establishes procedure and conditions of service by the staff of the State committee of judicial examinations.

2. The service in the State committee of judicial examinations (further – service) is type of public service in the Republic of Belarus consisting in accomplishment by employees of the tasks assigned by legal acts to this Committee.

3. Service includes acceptance on service, position assignment, certification, assignment of special rank, dismissal from service, and also other circumstances (events) which according to the legislation determine office legal status of employees.

4. The legal basis of service the Constitution of the Republic of Belarus, the Law of the Republic of Belarus "About the State committee of judicial examinations of the Republic of Belarus" constitute, other laws, legal acts of the President of the Republic of Belarus, including this Provision, and other acts of the legislation.

5. Employees are citizens of the Republic of Belarus (further if other is not determined, - citizens), capable on the personal, moral and business qualities, the state of health, level of the main education to carry out the tasks assigned to the State committee of judicial examinations, employed which in accordance with the established procedure gives the special rank if other is not determined by the President of the Republic of Belarus.

6. The employees for the first time employed take the Oath which text affirms the President of the Republic of Belarus.

The procedure for bringing of the Oath is determined by the Chairman of the State committee of judicial examinations (further - the Chairman).

7. In the State committee of judicial examinations positions of the private and commanding (younger, average, senior and the highest) structure are established.

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