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LAW OF THE REPUBLIC OF KAZAKHSTAN

of February 10, 2017 No. 44-VI ZRK

About judicial and expert activities

(as amended on 29-06-2020)

This Law governs the public relations on implementation of judicial and expert activities in the Republic of Kazakhstan.

Chapter 1. General provisions

Article 1. Explanation of some concepts containing in this Law

The concepts containing in this Law are applied in the following value:

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) validation - assessment of suitability of use of methods and techniques of judicial and expert research which is carried out according to the procedure, established by the legislation of the Republic of Kazakhstan;

3) expert specialty - the scientific competence of the court expert in the field of production of the certain type of judicial examination established by the legislation of the Republic of Kazakhstan confirmed with assignment of qualification of the court expert;

4) the expert opinion - the written instrument processed according to requirements of the legislation of the Republic of Kazakhstan, reflecting the course and results of judicial and expert research;

5) judicial and expert activities - activities of bodies of judicial examination and court experts on the organization and production of judicial examination;

6) technique of judicial and expert research - system of the methods applied when studying objects of judicial examination to establishment of the actual data relating to subject of judicial examination;

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 actual data relating to subject of judicial examination;

8) judicial examination - the research of materials of criminal, civil case or case on administrative offense conducted on the basis of special scientific knowledge for the purpose of establishment of the actual data important for its permission;

9) subject of judicial examination - the actual data important for permission of criminal, civil case or case on administrative offense, established by production of judicial examination;

10) objects of judicial examination - physical evidences, documents, body of the person, condition of mentality of the person, corpses, animals, the samples and also relating to subject of judicial examination of the data, containing in case papers according to which judicial examination is made;

11) body of judicial examination - the state legal entity performing judicial and expert activities according to the procedure, established by the legislation of the Republic of Kazakhstan;

12) the court expert - the person who is not interested in case having special scientific knowledge and conforming to other requirements, the established law to which production of judicial examination is entrusted;

13) certification of the court expert - periodically performed procedure for determination of compliance of the court expert to qualification requirements, the established law;

14) qualification of the court expert - complex of knowledge, the skills acquired by person having professional education by purposeful preparation for the purpose of research of objects of examination of certain type;

15) samples - the material objects displaying the properties of the living person, corpse, animal, plant, subject, material or substance necessary for production of judicial examination.

Article 2. Legislation of the Republic of Kazakhstan on judicial and expert activities

1. The legislation of the Republic of Kazakhstan on judicial and expert activities is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 3. Task of judicial and expert activities

Task of judicial and expert activities is ensuring administrative legal proceedings, production on criminal, civil cases, and also on cases on administrative offenses results of judicial examination.

Article 4. Content of judicial and expert activities

Content of judicial and expert activities includes:

1) production of judicial examination on criminal, civil cases, on cases on administrative offenses, and also in administrative legal proceedings;

2) the organization and carrying out scientific research in the field of judicial examination;

3) organization and implementation of scientific and methodical and information support of judicial examination;

4) matching, preparation, retraining and advanced training of persons performing judicial and expert activities;

5) international cooperation in the field of judicial examination.

Article 5. Principles of judicial and expert activities

Judicial and expert activities are based on the principles:

1) legality;

2) observance of the rights, freedoms and legitimate interests of man and citizen, rights and legitimate interests of the legal entity;

3) independence of the court expert;

4) comprehensiveness, completeness, objectivity and scientific justification of judicial and expert researches;

5) admissibilities of use when carrying out judicial and expert researches of scientific and technical means, methods and techniques;

6) respect for ethics of the court expert.

Article 6. Legality when implementing judicial and expert activities

Judicial and expert activities are performed on condition of exact execution of requirements of the Constitution of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan.

Article 7. Observance of the rights, freedoms and legitimate interests of man and citizen, the rights and legitimate interests of the legal entity when implementing judicial and expert activities

1. Judicial and expert activities are performed in case of observance of the rights, freedoms and legitimate interests of man and citizen, the rights and legitimate interests of the legal entity according to the Constitution of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan, the conventional principles and rules of international law.

2. The judicial and expert researches requiring temporary restriction of the rights and freedoms of person are conducted only on the bases and according to the procedure, established by the law.

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