ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of March 30, 2017 No. 334

About approval of the Regulations on the commission on carrying out certification of court experts

According to the subitem 19) of article 12 of 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 carrying out certification of court experts.

2. To provide to department on the organization of expert activities of the Ministry of Justice of the Republic of Kazakhstan in the procedure established by the legislation:

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 the direction of copies of this order 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 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. 334

Regulations on the commission on carrying out certification of court experts

Chapter 1. General provisions

1. The regulations on the commission on carrying out certification of court experts are developed (dalee-Polozheniye) in compliance the subitem 19) 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 after carrying out certification, including extraordinary certification of court, medicolegal, judicial and narcological and forensic-psychiatric experts (further - the Commission).

2. The main objectives of the Commission are:

1) ensuring high-quality selection of court experts for certification passing, including extraordinary certification (further - certification);

2) high-quality carrying out certification of court experts;

3) ensuring openness and publicity of meeting.

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 replacement his face).

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 of the Ministry of Justice of the Republic of Kazakhstan the secretary of the Commission is appointed.

Chapter 2. Powers of the commission

9. Commission chairman:

1) convenes meetings;

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

3) plans work of the Commission;

4) presides over commission sessions.

10. Members of the commission:

1) get acquainted with the submitted documents for certification of court experts;

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

The powers on participation in meetings to other persons do not delegate 3);

4) for the purpose of determination of level of knowledge of court experts, conduct oral interview by certain type of judicial examination;

5) is estimated by results of passing of certification of court experts.

11. The member of the commission does not participate in case of certification of court experts and is subject to branch if it:

1) is relative of the court expert;

2) personally, it is directly or indirectly interested in the result of certification of court experts or there are other circumstances raising reasonable doubts in his impartiality.

12. In the presence of the circumstances specified in Item 11 of this provision, the member of the commission declares rejection.

In case of not the statement of rejection, branch is declared by members of the commission, participating in meeting.

13. Rejection and branch is declared as before certification and entrance of certification of court experts.

14. The decision on rejection (branch) of the member of the commission is made by the Commission in writing by a majority vote of her members participating in meetings and announced in the presence of the member of the commission.

15. 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;

3) performs preparation of materials for holding meeting, draws up the minutes of the commission on carrying out certification, including extraordinary certification of court experts (further – the Protocol) and the conclusion of commission session on carrying out certification, including extraordinary certification of court experts (further – the Conclusion);

4) is not member of the commission.

16. Commission session are carried out as required, and are considered competent if at them there are at least two thirds of total number of members of the commission.

17. The decision of the Commission is made based on the submitted documents, the conclusion of members of the commission is carried out by open voting by a simple majority vote from number of attendees and appears presiding.

In case of equal number of votes, the commission chairman's voice (in case of absence - the vice-chairman) is decisive.

18. Commission session is drawn up by the protocol.

The minutes of the Commission are signed by members of the commission by results of carrying out certification and the secretary.

In case of adoption by the Commission of the negative decision on certification in the minutes of the Commission motives of refusal are specified.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info