ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of March 30, 2017 No. 333

About approval of the Regulations on the commission on assignment of qualification of the court expert

According to the subitem 16) statyi12 the Law of the Republic of Kazakhstan of February 10, 2017 "About judicial and expert activities" I ORDER:

1. Approve the enclosed Regulations on the commission on assignment of qualification of the court expert.

2. To provide to department on 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;

2) within ten calendar days from the date of state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction in the Republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan" for placement in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on official Internet resource of the Ministry of Justice 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. 333

Regulations on the commission on assignment of qualification of the court expert

Chapter 1. General provisions

1. The regulations on the commission on assignment of qualification of court experts are developed (dalee-Polozheniye) according to the subitem 16) of article 12 of the Law of the Republic of Kazakhstan of February 10, 2017 "About judicial and expert activities" (further – the Law) and determine activities of the Commission on assignment of qualification of court, medicolegal, judicial and narcological and forensic-psychiatric experts (further - the Commission).

2. The main objectives of the Commission is:

1) assignment of qualification of the court expert;

2) ensuring openness and publicity of meetings.

3. The commission is permanent body and consists of odd number of members (at least 5 people).

The structure of the Commission affirms the order of the Minister of Justice of the Republic of Kazakhstan (or person replacement).

4.  No. 752 is excluded according to the Order of the Minister of Justice of the Republic of Kazakhstan of 15.05.2018

5. Commission chairman is the director of the department of the organization of expert activities of the Ministry of Justice of the Republic of Kazakhstan (further - Department).

During absence of the commission chairman (business trip, temporary disability, leave) its functions are performed by one of vice-chairmen of the Commission, the first according to the list of the approved structure of the Commission, in case of its absence - following according to the list.

6.  No. 752 is excluded according to the Order of the Minister of Justice of the Republic of Kazakhstan of 15.05.2018

7. Candidacies for inclusion in structure of the Commission are presented by the head of body of judicial examinations of the Ministry of Justice of the Republic of Kazakhstan in coordination with Department.

8. For the organization of activities of the Commission from number of persons employed of Management of staffing of body of judicial examinations the secretary of the Commission is appointed.

Chapter 2. Powers of the commission on assignment of qualification of the court expert

9. Commission chairman:

1) convenes meetings;

2) performs the common directorship of activities of the Commission;

3) plans work;

4) presides over commission sessions.

10. Members of the commission:

1) get acquainted with the submitted documents person on assignment of qualification of the court expert;

2) pass the decision on the admission or refusal in passing qualification examination;

3) consider the questions which are subject to permission on commission session and pass the relevant decision;

4) for the purpose of determination of level of knowledge of persons who had qualification training of the court expert consider response following the results of passing of qualification preparation;

5) is estimated by results of passing of qualification preparation.

11. Secretary of the commission:

1) creates the agenda of commission session;

2) notifies members of the commission on date and the venue of commission session in thirty calendar days;

3) provides preparation of necessary documents, materials, draws up the minutes of the Commission on assignment of qualification of the court expert according to the subitem 16) of article 12 of the Law after its carrying out (further – the Protocol);

4) makes suggestions for improvement of the organization of work of the Commission;

5) is not member of the commission.

12. In case of disagreement with the made decision the member of the commission can state special opinion in writing which joins the protocol.

13. Commission session is drawn up by the Protocol.

The minutes of the Commission are signed by members of the commission by results of assignment of qualification of the court expert and the secretary.

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