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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of April 7, 2016 No. 191

About approval of Rules of passing of polygraphological research by candidates for judges

According to item 4 of article 15 of the Law of the Republic of Kazakhstan of December 4, 2015 "About the Supreme Judicial Council of the Republic of Kazakhstan" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of passing of polygraphological research as candidates for judges.

2. This resolution becomes effective after ten calendar days after day of its first official publication.

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of April 7, 2016 No. 191

Rules of passing of polygraphological research by candidates for judges

1. These rules of passing of polygraphological research by candidates for judges (further - Rules) are developed according to item 4 of article 15 of the Law of the Republic of Kazakhstan of December 4, 2015 "About the Supreme Judicial Council of the Republic of Kazakhstan" (further - the Law) and determine procedure for passing of polygraphological research by persons who successfully passed qualification examination for judgeship.

2. The basic concepts and terms used in these rules:

1) polygraph - the technical device intended for registration in the course of the poll of the person of dynamics of physiological reactions (breath, cardiovascular activity, skin and galvanic reaction, physical activity, facial expression and another) in response to the shown verbal and visual incentives displayed in analog and (or) digital form;

2) polygraphological research - poll procedure consisting in registration by means of special medical sensors of the separate physiological reactions of the person arising in case of psychophysiological survey;

3) the polygraphologist - the person who had the corresponding training and having the document (the certificate, the diploma, the certificate) confirming its right to carrying out polygraphological research.

3. Polygraphological research (further - research) there pass persons who successfully passed qualification examination for judgeship.

4. Main objective of passing of research are receipt of the additional information and check of reliability of the data reported by candidates for judges (further - the inspected persons).

5. The inspected persons pass researches in Committee of homeland security of the Republic of Kazakhstan on the direction of the Supreme Judicial Council of the Republic of Kazakhstan (further - Council) according to appendix 1 to these rules.

6. The main objectives of passing of research are determined by Item 2 of article 15 of the Law.

7. The research is conducted by the polygraphologist with use of polygraph and includes number of consecutive stages:

1) pretest conversation with the inspected person;

2) testing of the inspected person;

3) pronouncement of the conclusion.

8. The research is conducted on state or Russian at the request of the inspected person and shall exclude origin at the inspected person of feeling of humiliation or insult.

The translator is in case of need presented.

9. Before carrying out research the polygraphologist gets acquainted previously with the available materials, if necessary studies the medical documents on the state of health of the inspected person submitted by the inspected person and consults with the corresponding specialists of medical institutions.

10. The pretest conversation with the inspected person provides:

1) explanation of the rights of the inspected person, and also research problems;

2) acquaintance with polygraph and principle of its work;

3) discussion and adjustment of questions;

4) identification and fixation of noncommittal in answers, nervousness, inadequacy of behavior and the speech.

11. When passing testing the inspected person fills in the declaration on polygraphological research (further - the declaration) consisting of two Sections in form according to appendix 2 to these rules. The first Section of the declaration is filled in before conducting testing, the second Section of the declaration - after conducting testing.

The inspected persons having unsatisfactory health at the time of testing report about it to the polygraphologist prior to conducting testing and specify about it in the declaration. In this case testing of such persons is held in other time during this day or in other day, at the same time transfer because of unsatisfactory health is allowed no more than two times within ten calendar days.

Besides, the inspected person is not allowed to testing in cases:

1) sharp exacerbation of the disease connected with the violation of cardiovascular or respiratory activities (inspected by person the corresponding medical certificate is provided);

2) findings of the inspected person is able alcoholic or drug intoxication or in the presence of the residual phenomena of intoxication;

3) availability of data on pregnancy.

12. When carrying out research it is performed its audio-and video what it is reported to the inspected person about.

13. Duration of continuous testing of the inspected person shall not exceed 120 minutes. For decrease in loading during testing rest lasting up to 15 minutes is provided to the inspected person.

At the same time the operational load on one polygraphologist when carrying out researches shall not constitute more than two people a day.

14. The inspected person passes test in the rooms which are specially equipped for these purposes.

The main requirements to rooms are:

1) the area at least 10 square meters, height of ceiling is not lower than 2,5 of meters;

2) neutral and soft tone of walls and ceiling, providing appropriate level of sound insulation;

3) permanent air temperature in from +20 to +25 C0.

15. By results of passing of research the conclusion with conclusion about reliability of answers of the inspected person to the questions posed is taken out.

In the conclusion the additional data which are most opening essence of the conducted research can be stated.

16. Information obtained during the research has advisory nature.

17. The conclusion about passing of polygraphological research prepares the polygraphologist in form according to appendix 3 to these rules within three working days then it goes to the office of Council.

The conclusion about passing of polygraphological research is valid within four years from the date of its passing.

18. Materials of research belong to documents for office use.

19. Research materials (the conclusion about results of research, printout of psychophysiological reactions in type полиграмм on the printer, audio-and video records, questionnaires and other documents) are stored in the office of Council within five years.

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