ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of March 17, 2014 No. 132

About some questions of judicial and expert activities in the Kyrgyz Republic

For the purpose of implementation of the Law of the Kyrgyz Republic "About judicial and expert activities", being guided by article 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic", the Government of the Kyrgyz Republic decides:

1. Approve:

- Regulations on procedure and conditions of issue, refusal in issue, suspensions, cancellation and deprivations of the certificate of competence of the court expert of the Kyrgyz Republic according to appendix 1;

- Regulations on the expert and qualification commission on questions of certification of competence of court experts according to appendix 2;

- Procedure for maintaining the State register of court experts of the Kyrgyz Republic according to appendix 3;

- Procedure for maintaining the State register of techniques of judicial and expert researches of the Kyrgyz Republic according to appendix 4.

2. To the ministries, the state committee, the administrative departments performing judicial and expert activities in the Kyrgyz Republic to take measures for implementation of this resolution.

3. This resolution becomes effective from the date of official publication.

Appendix 1

to the Order of the Government of the Kyrgyz Republic of March 17, 2014 No. 132

Regulations on procedure and conditions of issue, refusal in issue, suspensions, cancellation and deprivations of the certificate of competence of the court expert of the Kyrgyz Republic

1. General provisions

1. This Provision determines procedure for carrying out certification, condition of issue, refusal in issue, suspensions, cancellation and deprivations of the certificate of competence of the court expert.

2. Certification of competence is assessment of the professional training level of the candidate who decided to be engaged in judicial and expert activities (further - the candidate) on certain expert specialty (direction).

3. Certification of competence is directed to achievement of the following purposes:

a) determination of competence of the candidate;

b) the organization and carrying out independent and qualified assessment of conformity of the candidate to the established requirements.

4. The certificate of competence of the court expert (further - the certificate) is the document confirming qualification of the candidate on certain expert specialty for occupation with judicial and expert activities.

5. The following requirements are imposed to candidates:

a) education in the respective sphere;

b) years of service and work experience;

c) passing of training in the public judicial and expert institutions on specific expert specialty.

6. Certification of competence is performed by the expert and qualification commission on questions of certification of competence of the court expert of the Kyrgyz Republic under the relevant state body (further - the Commission).

7. Effective period of the certificate constitutes 5 years.

8. The information about the court experts who received the certificate is entered in the State register of court experts of the Kyrgyz Republic.

2. Procedure and conditions of carrying out certification of competence

9. Certification of competence consists of the following stages:

a) consideration of the documents submitted by candidates;

b) holding qualification examination.

10. Certification of competence is performed according to the candidate application.

11. Candidates attach the following documents to the request:

a) passport copy;

b) notarized copies of education documents;

c) the medical certificates issued by narcological and psychiatric dispensaries at the place of residence of the applicant not earlier than before month before their submission to the Commission, except for experts of divisions of law enforcement agencies;

d) certificate of lack of criminal record, except for experts of divisions of law enforcement agencies;

12. The candidates for the first time applying for receipt of the certificate in addition apply to the request:

a) the response signed by the head of training with assessment of activities of the candidate as specialist in the respective area of judicial examination;

b) at least five educational conclusions on the performed control tasks according to the programs of preparation approved by the state bodies performing judicial and expert activities.

13. The candidates who were earlier receiving the certificate to the request in addition represent the list (register) of the examinations executed by the expert in the certified specialty for the last year of activities.

14. The documents submitted for receipt of the certificate are considered by the Commission in ten-day time.

Documents are considered regarding completeness and reliability of data of their content. Following the results of consideration of the documents Commission makes the decision on the admission of candidates to qualification examination. Candidates are informed on results of the made decision within two working days.

15. The qualification examination includes procedure of identification of knowledge of the candidate and level of its professional training for booking form.

The candidate concerning whom the question of certification, and also the head of training who on commission session reports on degree of readiness of the applicant is considered is invited to qualification examination.

In the course of the meeting the Commission studies the materials submitted for consideration, suggests the candidate to answer questions on the specific expert specialty, theoretical bases of judicial examination, regulations of the procedural legislation and regulatory legal acts regulating expert activities.

16. Following the results of competence certification the Commission makes the decision on issue or refusal in issue to the candidate of the certificate.

The candidate concerning whom the issue of certification is resolved is not present at the vote.

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