of January 26, 2015 No. 50
About approval of rules according to the address with objects of judicial examination
According to Item 3 of article 27 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 the address with objects of judicial examination.
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. To impose control of execution of this order on the supervising Deputy minister of justice of the Republic of Kazakhstan.
Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of January 26, 2015 No. 50
1.1. These rules of the address with objects of judicial examination (further - Rules) are developed according to article 27 of the Law of the Republic of Kazakhstan "About judicial and expert activities in the Republic of Kazakhstan" (further - the Law) and establish procedure for acceptance, storage and return of objects of judicial examination by the staff of bodies of judicial examination, the physical persons performing judicial and expert activities based on the license and the other persons performing production of judicial examination in one-time procedure.
1.2. Objects of judicial examination are physical evidences, documents, body and condition of mentality of the person, corpses, animals, samples, and also belonging to subject of judicial examination of the data (further - objects of judicial examination), containing in case papers on which judicial examination is made.
2.1. Objects of judicial examination go to the body of judicial examination or physical person performing judicial and expert activities based on the license by mail, special communication, directly person appointing judicial examination or his authorized representative.
Transfer by mail, special communication of weapon, ammunition, explosives and pyrotechnic structures, destructive devices and blasting agents, flammable and combustible substances, drugs, psychotropic substances and precursors, strong, toxic and toxic agents, radioactive materials and nuclear materials, jewelry, securities, objects of biological origin in their natural state, bulky objects is not allowed.
2.2. Objects of judicial examination are located in the packaging excluding possibility of their damage, replacement, changes and providing preserving signs and properties owing to which they matter objects for cases and materials, and also traces which are available on them.
Objects of judicial examination are packed so that during transportation they did not get out of the properties and shape, and also to exclude possibility of their falsification.
Each subject carrier and samples of substances are packed into separate container.
For objects of judicial and histologic examination (research) packaging in one container is allowed.
Transportation of objects of biological origin in their natural state is provided in the conditions of the initial properties interfering change.
2.3. In case of impossibility of representation of objects of judicial examination because of their dimensions and the sizes, owing to specifics of the materials which are subject to research, person who appointed judicial examination provides delivery of the court expert to the location of objects of research, easy access of the court expert to them and condition, necessary for carrying out research.
2.4. On packaging data on the name of object of judicial examination, its origin, withdrawal conditions, surname, name, middle name (are specified in case of its availability) person from whom objects, surname, name, middle name (were found and withdrawn in case of its availability), signatures of persons which were present at detection, withdrawal and packaging of object of judicial examination, the signature of the official who was making withdrawal or appointed judicial examination, and the impress of a seal certifying its signature.
For objects of biological origin on packaging data on the name of object of judicial examination, its origin, the venue of fence of objects, surname, name, middle name (are specified in case of its availability) from which person it is made the fence of objects or (dead) from corpse which the fence of objects is made (in case of fence of objects from unknown person or corpse, are specified special signs and number specified in the magazine of registration) preserving circles (if those were applied), signatures of persons which were present when packaging object of judicial examination, the signature of the official who was making withdrawal or appointed judicial examination and the impress of a seal certifying its signature.
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