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The document ceased to be valid since April 18, 2017 according to Item 2 of the Order of the Minister of Justice of the Republic of Kazakhstan of March 27, 2017 No. 303

ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of January 26, 2015 No. 46

About approval of Rules of calculation of terms of production of judicial examinations depending on category of their complexity and determination of categories of complexity of judicial examinations

(as amended of the Order of the Minister of Justice of the Republic of Kazakhstan of 20.11.2015 No. 585)

According to Item 3 of article 25 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 Rules of calculation of terms of production of judicial examinations depending on category of their complexity and determination of categories of complexity of judicial examinations.

2. To provide to the center of judicial examination of the Ministry of Justice of the Republic of Kazakhstan state registration of this order and its official publication according to the procedure, established by the legislation.

3. Declare invalid the order of the Minister of Justice of the Republic of Kazakhstan of April 20, 2010 No. 123 "About approval of Rules of calculation of terms of production of judicial examinations depending on category of their complexity and determination of categories of complexity of judicial examinations" (registered in the Register of state registration of regulatory legal acts for No. 6228, No. 303-305 published in the Kazakhstanskaya Pravda newspaper of November 11, 2010 (26364-26366), the Collection of acts of the central executive and other central state bodies of the Republic of Kazakhstan of 2010, No. 15 (date of exit of circulation on November 25, 2010)).

4. To impose control of execution of this order on the supervising Deputy minister of justice of the Republic of Kazakhstan.

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

Minister

B. Imashev

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of January 26, 2015 No. 46

Rules of calculation of terms of production of judicial examinations depending on category of their complexity and determination of categories of complexity of judicial examinations

1. These rules of calculation of terms of production of judicial examinations depending on category of their complexity and determination of categories of complexity of judicial examinations (further - Rules) are developed according to Item 3 of article 25 of the Law of the Republic of Kazakhstan of January 20, 2010 "About judicial and expert activities in the Republic of Kazakhstan".

2. These rules determine general criterions of determination of categories of complexity of judicial examinations, procedure for calculation of terms of production of judicial examinations depending on category of their complexity and determination of categories of complexity of judicial examinations.

3. Judicial and expert researches on degree of complexity are divided into four categories:

1) simple - standard, on simple objects, not requiring uses of labor-consuming methods of research with production term to 5 days;

2) average degree of complexity - in case of which quality and quantity characteristics of objects, and also the used techniques of judicial and expert researches require certain time expenditure with production term to 20 days;

3) difficult - the judicial and expert researches requiring application of long and knowledge-intensive, tool methods, the deep analysis of the received results, connected with departure on the scene multi-object (more than 3 objects or more than 250 sheets of case), with large number of questions with production term to 30 days;

4) particularly complex - the original, non-standard researches of new objects and also complicated in the methodical and organizational relation including on the solution of situational tasks with production term to 30 days.

4. The term of production of examination is estimated from the date of acceptance of judicial examination by body, the physical person performing judicial and expert activities based on the license to production of the resolution (determination) on purpose of judicial examination and its objects, and comes to an end in day of their delivery in office.

5. The term of production of examination stops in cases if:

1) all or missing parts of materials listed in the resolution (determination) on purpose of examination did not arrive;

2) the expert declares the petition before body (person) who appointed examination:

about provision to it additional materials;

about permission to damage or destruction of physical evidences;

3) the expert who started examination production participates in judicial session on another matter, the requiring certain costs of working hours;

4) the expert is absent for other reasons (business trip, disease) and there is circumstance interfering transfer of materials to other expert;

5) the provided materials are at other expert making on them examination of other type.

6. In exceptional cases prolongation of term of production of judicial examination is performed over 30 days by body (person) who appointed examination for the motivated petition of the head of body of judicial examination.

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