I.O'S ORDER. MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of March 30, 2015 No. 188

About approval of Rules of development, approbation and implementation of techniques of judicial and expert researches

According to article 42 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 development, approbation and implementation of techniques of judicial and expert researches.

2. Declare invalid:

1) the order of the Minister of Justice of the Republic of Kazakhstan of April 20, 2010 No. 124 "About approval of Rules of development, approbation and implementation of techniques of judicial and expert researches" (registered in the Register of state registration of regulatory legal acts for No. 6210, published in the Kazakhstanskaya Pravda newspaper of November 11, 2010, No. 303 - 305 (26364 - 36366));

2) the order of the Minister of Justice of the Republic of Kazakhstan of October 15, 2014 No. 294 "About introduction of amendments to the order of the Minister of Justice of the Republic of Kazakhstan of April 20, 2010 No. 124 "About approval of Rules of development, approbation and implementation of techniques of judicial and expert researches" (registered in the Register of state registration of regulatory legal acts for No. 9817, posted on the website of information system of law of regulatory legal acts of the Republic of Kazakhstan of Ad_let on December 30, 2014).

3. To provide to the center of judicial examination of the Ministry of Justice of the Republic of Kazakhstan in the procedure established by the legislation state registration and the direction it on official publication in information system of law of regulatory legal acts of the Republic of Kazakhstan of Ad_let and periodic printing editions.

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 deputy. Minister of Justice of the Republic of Kazakhstan on March 30, 2015 No. 188

Rules of development, approbation and implementation of techniques of judicial and expert researches

1. General provisions

1. These rules of development, approbation and implementation of techniques of judicial and expert researches (further - Rules) are developed according to article 42 of the Law of the Republic of Kazakhstan "About judicial and expert activities in the Republic of Kazakhstan" which determine procedure for development, approbation and implementation of techniques of the judicial and expert researches (further - Techniques) developed and the judicial examinations applied in case of production.

2. The purpose of development and deployment of Techniques is improvement of quality of production of judicial examinations, development of single approach to the solution of the questions raised before the expert during the investigation of criminal, civil trial and cases on administrative offenses, and also scientific development of judicial and expert activities,

3. The purpose of approbation of the developed Techniques is confirmation of suitability for use in practice of production of judicial examinations in the experiment mode.

4. Tasks of development and deployment of Techniques are:

streamlining and systematization of activities of court experts and research associates of bodies of judicial examination;

search of progressive forms, methods, acceptances and means of conducting judicial examinations;

improvement of quality of production of judicial examinations.

5. Developers (authors, originators) of Techniques are:

the chief and leading experts of bodies of judicial examination of the Ministry of Justice of the Republic of Kazakhstan (further - body of judicial examination);

staff of bodies of judicial examination;

persons performing judicial and expert activities based on the license;

staff of the research organizations.

6. In these rules the following terms and determinations are used:

1) special scientific knowledge - area of special knowledge which content is made by the scientific knowledge realized in techniques of judicial and expert researches;

2) technique - system of the methods applied when studying objects of judicial examination to establishment of the circumstances relating to subject of certain sort, type of judicial examination;

3) development of techniques - systematization of materials of theoretical nature on the basis of creative studying corresponding legislative, regulatory legal acts, educational and methodical, reference materials and scientific works, generalizes the available practice of production of judicial and expert researches;

4) approbation of Techniques is check on experimental material of provisions and conclusions of scientific and practical developments as a result of which opportunity and need of their use for expert practice proves to be true or confuted;

5) implementation of techniques - approval and use of the developed and approved techniques in expert activities;

6) the passport of technique contains information on technique and is drawn up in form according to appendix 1 to these rules;

7) method of judicial and expert research - system of logical and (or) tool transactions (methods, methods), the objects of judicial examination used when studying for establishment of the circumstances relating to subject of judicial examination.

2. Procedure for development, approbation of Techniques of judicial and expert researches

7. The decision on development of Techniques is made by the Academic council of body of judicial examination at meetings.

8. The body of judicial examination determines types of examinations by which development of techniques, execution forms is necessary, creates the working group on development of the Technique, approves the head of working group, executives in charge, terms, external and internal reviewers and carries out further procedures for approval of actions for development, verification, approbation and implementation of technique.

9. The plan of development and deployment of Techniques joins in the Comprehensive plan of body of judicial examination.

10. The staff of territorial subdivisions participates in work on development of techniques in terms and the amounts provided by the Plan of research work of body of judicial examination.

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