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Ministry of Justice of Ukraine

March 1, 2017

No. 275/30143

ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

of February 8, 2017 No. 102

About approval of the Regulations on the Expert and qualification commission of the Ministry of Internal Affairs and certification of court experts of Expert service Ministry of Internal Affairs

According to Articles 8, of 10, of 14, of 16, of 17, of 21 Law of Ukraine "About judicial examination" and article 29 of the Law of Ukraine "About scientific and scientific and technical activities", for the purpose of the proper organization of work on certification of court experts of Expert service Ministry of Internal Affairs I order:

1. Approve Regulations on the Expert and qualification commission of the Ministry of Internal Affairs and certification of court experts of Expert service Ministry of Internal Affairs which is applied.

2. Declare invalid the order of the Ministry of Internal Affairs of Ukraine of December 15, 2011 No. 923 "About approval of the Regulations on the Expert and qualification commission of the Ministry of Internal Affairs of Ukraine and certification of court experts of Expert service Ministry of Internal Affairs of Ukraine", registered in the Ministry of Justice of Ukraine on February 23, 2012 for No. 288/20601 (with changes).

3. To the state Ministry of Internal Affairs center research expert criminalistic (Fedotov A. A.) provide submission of this order on state registration in the Ministry of Justice of Ukraine in accordance with the established procedure.

4. This order becomes effective from the date of its official publication.

5. I reserve control of execution of this order.

Minister

A. B. Avakov

Approved by the Order of the Ministry of Internal Affairs of Ukraine of February 8, 2017 No. 102

Regulations on the Expert and qualification commission of the Ministry of Internal Affairs and certification of court experts of Expert service Ministry of Internal Affairs

I. General provisions

1. This Provision determines:

1) organization-legal bases of activities, function and procedure for forming of the Expert and qualification commission of the Ministry of Internal Affairs (further - EKK);

2) procedure and conditions of assignment and confirmation of qualification of the court expert and (or) qualification class to employees of Expert service Ministry of Internal Affairs (further - Expert service);

3) procedure and conditions of the termination of activities of employees of Expert service as court experts;

4) procedure for consideration of question of disciplinary responsibility of court experts of Expert service;

5) procedure for issue of the certificate on assignment (confirmation) of qualification of the court expert, its duplicate and replacement of the certificate on assignment (confirmation) of qualification of the court expert.

2. In the activities EKK is guided by the Constitution and the laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine, regulatory legal acts of the Ministry of Internal Affairs of Ukraine, including this Provision.

3. The employees of Expert service applying for assignment (confirmation) of qualification of the court expert with the right of carrying out certain type of judicial examination shall conform to requirements of the Law of Ukraine "About judicial examination".

4. The procedure for assignment or deprivation of qualification classes of court experts to employees of Expert service Ministry of Internal Affairs is determined by the Ministry of Internal Affairs of Ukraine.

II. Tasks, procedure for forming and organization of work of EKK

1. EKK is Ministry of Internal Affairs collegiate organ on employee assessment of Expert service.

2. Organizational, material, financial, scientific and methodical and information support of activities of EKK performs the State research expert and criminalistic center Ministry of Internal Affairs (further - GNIEKTs).

EKK has seal with the name (appendix 1), others necessary for implementation of the tasks assigned to it stamps, forms.

3. EKK according to the tasks assigned to it considers the questions concerning employees of Expert service relatively:

1) assignments or confirmations of qualification of the court expert;

2) the terminations of activities as the court expert;

3) assignments or deprivations of qualification class of the court expert;

4) disciplinary responsibility of the court expert.

4. Form of work of EKK is the meeting.

5. Meetings of EKK on consideration of questions of assignment (confirmation) of qualification of the court expert are held according to the plan order for training, assignments and confirmations of qualification of the court expert to employees of Expert service (further - the plan order) which is constituted each half a year based on proposals of division managers Expert services and can include field meetings of EKK which organization is performed based on divisions of Expert service.

The procedure for creation of the plan order is determined by the separate order of Expert service.

In case of need for consideration of questions of assignment (confirmation) of qualification of the court expert meetings of EKK can off-schedule be held.

For consideration of question of disciplinary responsibility of the court expert special meetings of EKK are held.

6. The meeting of EKK on consideration of question of assignment of qualification class of the court expert to employees of Expert service is held if necessary based on proposals of division managers of Expert service.

7. Its permanent and variable structure participates in meetings of EKK.

8. The permanent structure of EKK affirms the Minister of Internal Affairs of Ukraine.

The chairman of EKK, vice-chairmen of EKK, members of EKK, the specialist in procedural questions of judicial examination and the secretary of EKK are permanent part of EKK.

9. The chairman of EKK, vice-chairmen of EKK, members of permanent structure of EKK, the specialist in procedural questions of judicial examination and the secretary of EKK determined by the order of the Ministry of Internal Affairs of Ukraine irrespective of change of positions in the Ministry of Internal Affairs perform the functions before appointment of new structure of EKK in accordance with the established procedure.

10. Organizational support of activities of EKK, preparation of materials for consideration of EKK, and also clerical work of EKK are assigned to the secretary of EKK. Functional obligations of the secretary of EKK are approved by the chairman of EKK.

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