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LAW OF THE REPUBLIC OF TAJIKISTAN

of July 25, 2005 No. 102

About the state judicial examination

(as amended on 27-11-2014)

Chapter 1. General provisions

Article 1. Purpose of this Law

This Law determines the legal basis and the main objectives of activities of the state judicial examination in the Republic of Tajikistan and governs the public relations arising under the organization and production of the state judicial examination.

Article 2. Legislation of the Republic of Tajikistan on the state judicial examination

The legislation of the Republic of Tajikistan on the state judicial examination is based on the Constitution of the Republic of Tajikistan, consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also international legal acts recognized by the Republic of Tajikistan.

Article 3. Task of the state judicial examination

Task of the state judicial examination is establishment of the circumstances which are subject to proof under resolutions of courts, bodies of inquiry and pretrial investigation and also based on petitions of physical persons and legal entities by means of the organization and production of the state judicial examination.

Chapter 2. Activities of the state judicial examination

Article 4. Concept of activities of the state judicial examination

Activities of the state judicial examination are activities for the organization and conducting the state judicial examination for determination of court, resolutions by the judge, bodies of inquiry, pretrial investigation and petitions of physical persons and legal entities from the specialized agencies created by the Government of the Republic of Tajikistan for the purpose of providing the rights and legitimate interests of persons during criminal, civil, economic or administrative process, establishment with means of special knowledge in the field of science, the equipment, art or craft of the circumstances which are subject to proof.

Article 5. Principles of activities of the state judicial examination

Activities of the state judicial examination are based on the principles of legality, observance of rights and freedoms of man and citizen, independence of the court expert, independence of organizations of the state judicial examination, competence, objectivity, comprehensiveness and completeness of researches, scientific justification of means and methods of carrying out researches, observance of professional ethics.

Article 6. Observance of rights and freedoms of man and citizen when implementing activities of the state judicial examination

1. Activities of the state judicial examination are performed in the limits and forms established by this Law and the procedural legislation of the Republic of Tajikistan.

2. The examination requiring temporary restriction of freedom of person or his security of person is carried out on the bases and according to the procedure, established by the legislation of the Republic of Tajikistan.

3. Person believing that actions of organization of the state judicial examination or the court expert led to restriction of its rights and freedoms can appeal according to the procedure, established by the legislation of the Republic of Tajikistan.

Article 7. Competence, objectivity, comprehensiveness and completeness of the state judicial examination

1. The court expert carries out expertize on scientific and practical basis, within the corresponding specialty, comprehensive and complete examination which are carried out with use of modern achievements of science and technology.

2. Court expert's report shall be based on provisions and corresponding to the modern level of development of science and giving chance to check them based on the commonly accepted data.

Article 8. Objects of examination and ensuring their safety

1. Physical evidences, samples for examination, documents, objects, animals, corpses and their parts, and also case papers on which the state judicial examination is carried out can be objects of examination.

2. Expertize is carried out also concerning person.

3. Samples for conducting examination are the objects displaying features of the person, corpse, animal, subject, material or substance, scene situation, comparative samples and another necessary for the court expert for conducting examination and making the conclusion.

4. When conducting the state judicial examinations the research objects specified in part one of this Article with the permission of the body or person who appointed the state judicial examination can be damaged or spent only in that measure in which it is necessary for conducting examination and making the conclusion. The specified permission shall contain in the resolution or determination on purpose of the state judicial examination or the corresponding petition.

5. If the state judicial examination needs to be carried out on site incidents or transportation of object of examination in organization of the state judicial examination it is impossible, the body or person who appointed the state judicial examination provide to the court expert easy access to object and possibility of its research.

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