ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of February 27, 2015 No. 119

About approval of Rules of carrying out certification of the court expert, including extraordinary, certifying commissions of the Ministry of Justice of the Republic of Kazakhstan

According to Item 2 of article 14 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 carrying out certification of the court expert, including extraordinary, by certifying commissions of the Ministry of Justice of the Republic of Kazakhstan.

2. To provide to the center of judicial examination of the Ministry of Justice of the Republic of Kazakhstan:

1) state registration of this order and its official publication;

2) placement of this order on official Internet resource of the Ministry of Justice of the Republic of Kazakhstan.

3. Recognize invalid:

1) the order of the Minister of Justice of the Republic of Kazakhstan of March 16, 2011 No. 114 "About approval of Rules of carrying out certification of the court expert by certifying commission of the Ministry of Justice of the Republic of Kazakhstan" (registered in the Register of state registration of regulatory legal acts for No. 6836, No. 123-124 published in the Kazakhstanskaya Pravda newspaper of April 13, 2011 (26544-26545);

2) the order of the Minister of Justice of the Republic of Kazakhstan of January 12, 2012 No. 5 "About introduction of amendments to some orders of the Minister of Justice of the Republic of Kazakhstan" (registered in the Register of state registration of regulatory legal acts for No. 7378, No. 207-208 published in the Kazakhstanskaya Pravda newspaper of June 30, 2012 (27026-27027).

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.

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of February 27, 2015 No. 119

Rules of carrying out certification of the court expert, including extraordinary, certifying commissions of the Ministry of Justice of the Republic of Kazakhstan

1. General provisions

1. These rules of carrying out certification of the court expert, including extraordinary, are developed by certifying commissions of the Ministry of Justice of the Republic of Kazakhstan (further – Rules) according to Item 2 of article 14 of the Law of the Republic of Kazakhstan of January 20, 2010 "About judicial and expert activities in the Republic of Kazakhstan" (further - the Law) and determine procedure for carrying out certification of court experts, including extraordinary, certifying commissions of the Ministry of Justice of the Republic of Kazakhstan (further - the Commissions).

2. The court experts who are the staff of bodies of judicial examination of the Ministry of Justice of the Republic of Kazakhstan (further - court experts), and also persons performing judicial and expert activities based on the license for occupation judicial and expert activities for the purpose of determination of level of their professional training of times in five years after receipt of the certificate of competency on the right of production of judicial examination (license) undergo the certification which is carried out by the Commissions, except for expectant mothers on the basis of leaf of disability.

In case of absence certified on meeting of the Commissions on reasonable excuse, certification is transferred to later term specified by the Commissions.

3. The court experts who were on child care leave are certified not earlier than in six months after entry into service.

4. The list of the court experts who are subject to certification, including extraordinary affirms the order of the Minister of Justice of the Republic of Kazakhstan, the schedule of passing of certification affirms heads of bodies of judicial examination of the Ministry of Justice of the Republic of Kazakhstan.

5. For certification passing, including the extraordinary, court expert provides in the Commission:

1) the statement in form according to appendix 1 to these rules (further – the statement);

2) the characteristic on the court expert signed by the head of territorial subdivision of body of judicial examination of the Ministry of Justice of the Republic of Kazakhstan, reflecting the professional training level;

3) the copy of the diploma about the higher education with appendix (in the presence of academic degree and academic status – the copy of diplomas with appendices);

4) reviews of court expert's reports for the last five years;

5) copies of orders on encouragement and authority punishments (in case of their availability) for the last five years;

6) data in form according to appendix 2 to these rules.

6. For certification passing, provides the physical persons performing judicial and expert activities based on the license for occupation judicial and expert activities in the Commission:

1) statement;

2) the copy of the diploma about the higher education with appendix (in the presence of academic degree and academic status – the copy of diplomas with appendices);

3) reviews of court expert's reports for the last five years;

4) copies of documents on passing of professional development course";

5) data in form according to appendix 2 to these rules.

7. Bodies of judicial examination of the Ministry of Justice of the Republic of Kazakhstan notify the applicant allowed to certification on the place, time, procedure for carrying out certification, including extraordinary, no later than thirty calendar days prior to its carrying out.

8. The court experts who are subject to certification, including extraordinary direct certification materials of the Commission no later than 10 calendar days prior to its meeting.

2. Procedure for carrying out certification

9. The commission carries out certification in the presence of the certified court expert.

10. Certification is carried out in 2 steps in the state or Russian languages at the choice of the applicant:

1) computer testing: 100 questions for court experts, 50 questions for forensic scientists, 50 questions for judicial narcologists;

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