ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of August 29, 2013 No. 288

About approval of Regulations of Admission of qualification examinations for assignment of qualification of the court expert on the right of production of certain type of judicial examination

According to Item 3 of article 13 of the Law of the Republic of Kazakhstan of January 20, 2010 "About judicial and expert activities in the Republic of Kazakhstan", I ORDER:

1. Approve the enclosed Regulations of Admission of qualification examinations for assignment of qualification of the court expert on the right of production of certain type of judicial examination.

2. Declare invalid the order of the Minister of Justice of the Republic of Kazakhstan of March 16, 2011 No. 113 "About approval of the Instruction for acceptance of qualification examination and issue of the certificate of competency of the court expert on the right of production of certain type of judicial examination" (registered in the Register of state registration of regulatory legal acts for No. 6837, No. 123-124 published in the Kazakhstanskaya Pravda newspaper of April 13, 2011 (26544-26545).

3. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of August 29, 2013 No. 288

Regulations of Admission of qualification examinations for assignment of qualification of the court expert on the right of production of certain type of judicial examination

1. These rules of acceptance of qualification examinations on the right of production of certain type of judicial examination (further - Rules) are developed for assignment of qualification of the court expert according to Item 3 of article 13 of the Law of the Republic of Kazakhstan of January 20, 2013 "About judicial and expert activities in the Republic of Kazakhstan" (further - the Law).

2. For passing qualification examination person for the first time applying for assignment of qualification of the court expert and person applying for receipt of additional expert specialty represents the following documents to body of judicial examination of the Ministry of Justice of the Republic of Kazakhstan:

1) the statement in any form;

2) copy of the identity certificate;

3) the copy of the diploma about the higher education (in the presence of academic degree and scientific rank copy of diplomas) (notarially attested in case of non-presentation of originals for reconciliation);

4) response following the results of special professional training;

5) report on passing of special professional training;

6) autobiography;

7) two photos (the size - 3 x 4).

3. Qualification examinations are held according to the schedule and the plan approved by the head of body of judicial examination of the Ministry of Justice of the Republic of Kazakhstan.

4. Person for the first time applying for assignment of qualification of the court expert and person applying for receipt of additional expert specialty is notified on date of delivery of qualification examination in one month prior to acceptance of qualification examinations.

5. Qualification examinations are carried out in 2 steps in the state or Russian languages at the choice of the applicant:

1) examination in the form of computer testing on criminal procedure, to law of civil procedure, criminalistics, administrative law, the Law. This stage is carried out for persons for the first time applying for assignment of qualification of the court expert.

Person for the first time applying for assignment of qualification of the court expert is considered passed test if the number of the correct answers makes 70 and more than a % of total number of the asked questions. Testing time no more than 90 minutes;

2) the examination under examination cards by certain type of judicial examination includes three questions.

In case of affirmative answer on two and more questions, person for the first time applying for assignment of qualification of the court expert, and person applying for receipt of additional expert specialty it is considered passed examination.

In case of negative result of testing person for the first time applying for assignment of qualification of the court expert is not allowed to the second stage of passing qualification examinations.

6. During passing qualification examinations use by the applicant of auxiliary documents (reference, special books), and also audio recordings and means of communication is not allowed.

7. Qualification of the court expert is appropriated by certain type of judicial examination by results of vote of the qualification commission of the Ministry of Justice of the Republic of Kazakhstan (further – the Commission).

8. Results appear in day of passing qualification examinations and are reflected in the minutes of the Commission.

9. The commission within 15 working days issues to the applicant who passed qualification examination, the certificate of competency of the court expert on the right of production of certain type of judicial examination (further – the certificate of competency) in form, according to appendix 1 to these rules. In case of receipt of additional expert specialty within one month amendment to the certificate of competency in form, according to appendix 2 to these rules is drawn up.

10. In case of adoption of the negative decision by the Commission, repeated passing qualification examination is allowed in 3 months.

Appendix 1

to Regulations of Admission of qualification examinations for assignment of qualification of the court expert on the right of production of certain type of judicial examination

form

The Ministry of Justice of the Republic of Kazakhstan the Certificate of competency of the court expert on the right of production of judicial examination No. ____

This certificate is granted ___________________________________________________________________

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