ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of March 30, 2017 No. 325

About approval of Rules of cost determination of production of judicial examination in bodies of judicial examination

According to the subitem 8) of article 12 of the Law of the Republic of Kazakhstan "About judicial and expert activities" I ORDER:

1. Approve the enclosed Rules of cost determination of production of judicial examination in bodies of judicial examination.

2. To provide to department of the organization of expert activities of the Ministry of Justice of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan and its official publication;

2) placement of this order on Internet resource of the Ministry of Justice of the Republic of Kazakhstan;

3) within ten calendar days from the date of state registration of this order the direction of copies of this order in paper and electronic type, persons assured by the digital signature, the representative to sign this order, for inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising Deputy minister of justice of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of March 30, 2017 No. 325

Rules of cost determination of production of judicial examination in bodies of judicial examination

Chapter 1. General provisions

1. These rules of cost determination of production of judicial examination in bodies of judicial examination (further – Rules) are developed according to the subitem 8) of article 12 of the Law of the Republic of Kazakhstan "About judicial and expert activities" (further - the Law) and determine procedure for cost determination of production of judicial examination in bodies of judicial examination.

Chapter 2. Structure of manufacturing cost of judicial examination

2. The cost of judicial examination is determined proceeding from degree of its complexity taking into account types and quantity of objects of research, and also quantity of the questions raised on permission of examination.

3. Degrees of complexity of judicial examination are determined according to the Law and are divided into four categories:

simple – standard;

average degree of complexity;

difficult;

particularly complex.

4. In case of production of judicial examinations the following costs are provided:

material (chemical reactants, consumable materials, standard samples of drugs, psychotropic substances and precursors, auxiliary materials);

accompanying (utility and other costs);

the compensation and charges connected with the salary of production personnel;

depreciation charges of fixed assets and intangible assets;

delivery notes (content of objects, fixed assets of judicial examination, administrative and managerial, household expenses);

advanced training and retraining of judicial and expert personnel.

Chapter 3. Procedure for cost determination of production of judicial examination

5. For cost determination of conducting judicial examination the forecast number of examinations in year on the basis of the analysis of statistical data for the last five years by method of calculation of annual average percent of growth or reduction of number of examinations is calculated.

6. The total forecast quantity of judicial examinations in year is subdivided by types by method of determination of percentage ratio of the executed examinations by each type to total quantity of the executed examinations for the last five years (according to statistical data).

When calculating forecast number of judicial examinations for types dynamics of growth or reduction of number of examinations is considered.

7. Depending on spent material and manpower according to techniques of judicial and expert researches types of judicial examinations are subdivided into five groups:

the first group – judicial examinations which production is performed without application of chemical reactants and consumable materials;

the second group – judicial examinations which production by determination of separate techniques of judicial and expert researches requires use of chemical reactants and consumable materials;

the third group – judicial examinations in case of which production chemical reactants and consumable materials are used;

the fourth group – judicial examinations of drugs, psychotropic substances and precursors in case of which production chemical reactants, consumable materials and standard samples of drugs are used;

the fifth group – judicial and expert molecular and genetic researches which production is performed with use of special sets of chemical reactants and one-time consumable materials.

8. The Basic Cost (BC) of judicial examination is determined for each of five groups taking into account forecast finance costs and the forecast number of examinations in group on formula:

BS =

financial costs / the number of examinations in group,

where

- amount

9. The cost of conducting the judicial examinations (JE) is calculated for each of five groups taking into account BS and the complexity coefficients (CC) depending on examination type on formula:

SE = Bs*ks*kolichestvo of examinations in group

10. Judicial examinations are performed within allocated funds from the republican budget, except paid services.

11. Calculation of cost of the conducted judicial and expert research on form, according to appendix to these rules is applied to court expert's report.

Appendix

to Rules of cost determination of production of judicial examination in bodies of judicial examination

Form

Cost of carrying out judicial and expert research

Customer: _______________________________________________________________________

    (the name of the body which appointed examination, its legal address)

________________________________________________________________________________

Исполнитель:____________________________________________________________________

          (the name of the body which was carrying out expertize, its legal address)

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