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ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of March 27, 2017 No. 305

About approval of Rules of the address with objects of judicial examination

(In edition of the Order of the Minister of Justice of the Republic of Kazakhstan of 29.10.2018 No. 1508)

According to the subitem 5) of article 12 of the Law of the Republic of Kazakhstan of February 10, 2017 "About judicial and expert activities" I ORDER:

1. Approve Rules of the address with objects of judicial examination.

3. To provide to department of 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.

4. To impose control of execution of this order on the supervising deputy minister of justice of the Republic of Kazakhstan.

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

Minister

M. Beketayev

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of March 27, 2017 , No. 305

Rules of the address with objects of judicial examination

Chapter 1. General provisions

1. These rules of the address with objects of judicial examination (further - Rules) determine procedure for the address with objects of judicial examination.

2. Objects of judicial examination are physical evidences, documents, body of the person, condition of mentality of the person, corpses, animals, samples, and also belonging to subject of judicial examination of the data (further - objects of judicial examination), containing in case papers on which judicial examination is made.

3. Samples are the material objects displaying the properties of the living person, corpse, animal, plant, subject, material or substance necessary for production of judicial examination.

4. The procedure for the address with objects of judicial examination is performed by the staff of bodies of judicial examination, physical persons who are engaged in judicial and expert activities based on the license and the other persons performing production of judicial examination in one-time procedure, in cases, stipulated in Item 3 articles 19 of the Law of the Republic of Kazakhstan of February 10, 2017 "About judicial and expert activities".

Chapter 2. Procedure for the address with objects of judicial examination

Paragraph 1. Procedure for acceptance of objects of judicial examination

5. The body (person) which appointed judicial examination represents to the head of body of judicial examination or physical persons who are engaged in judicial and expert activities based on the license or to the other person performing production of judicial examination in one-time procedure, the objects of researches and other materials necessary for carrying out judicial and expert researches and making the conclusion.

Objects of researches and materials can be also provided by the authorized representative of body (person) who appointed examination or are directed by mail or special mail service.

Transfer by mail and special mail service of weapon, ammunition, explosives and pyrotechnic structures, destructive devices and blasting agents, flammable and combustible substances, drugs, psychotropic substances, their analogs and precursors, strong, toxic and toxic agents, radioactive materials and nuclear materials, jewelry, securities, objects of biological origin in their natural state, bulky objects is not allowed.

6. Objects of judicial examination are provided in the packed and sealed type.

Each object of judicial examination depending on its specifics and samples of substances are packed into separate container, their damages excluding opportunity, modification, replacement and providing preserving signs and properties in case of storage and transportation.

For objects of judicial and histologic examination packaging in one container is allowed.

Transportation of objects of biological origin in their natural state is provided in the conditions interfering change of the initial properties.

In other cases the body (person) which appointed judicial examination provides delivery of the court expert to the location of objects of research, easy access to them and the conditions necessary for carrying out research.

7. On packaging data on the name of object of judicial examination, its origin, date and conditions of withdrawal, surname, name, middle name (are specified in case of its availability) person from whom objects, surname, name, middle name (were found and withdrawn in case of its availability), signatures of persons which were present at detection, withdrawal and packaging of object of judicial examination, the signature of the official who was making withdrawal or appointed judicial examination, and the impress of a seal certifying its signature.

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