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ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of March 30, 2017 No. 330

About approval of Rules of development, approbation and implementation of techniques of judicial and expert researches

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

1. Approve the enclosed Rules of development, approbation and implementation of techniques of judicial and expert researches.

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 after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction it 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 of Justice of the Republic of Kazakhstan

M. Beketayev

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of March 30, 2017 No. 330

Rules of development, approbation and implementation of techniques of judicial and expert researches

Chapter 1. General provisions

1. These rules of development, approbation and implementation of techniques of judicial and expert researches (further - Rules) are developed according to the subitem 10) of article 12 of the Law of the Republic of Kazakhstan "About judicial and expert activities" (further – the Law) which determine procedure for development, approbation and implementation of techniques of the judicial and expert researches (further – Techniques) developed and applied in case of production of judicial examinations and scientific research in the field of judicial examinations.

2. The purpose of development and deployment of Techniques is improvement of quality of production of judicial examinations, development of single approach to the solution of the questions raised before the expert during the investigation of materials of criminal, civil case and cases on administrative offenses, and also scientific development of judicial and expert activities.

3. The purpose of approbation of the developed Techniques is confirmation of their suitability for use in practice of production of judicial examinations of theoretically constructed techniques, carried out in actual practice.

4. Tasks of development and deployment of Techniques are:

streamlining and systematization of activities of court experts and research associates of bodies of judicial examination;

search of progressive forms, methods, acceptances and means of conducting judicial examinations;

improvement of quality of production of judicial examinations.

5. Developers (authors, originators) of Techniques are:

court experts of bodies of judicial examination of the Ministry of Justice of the Republic of Kazakhstan (further - body of judicial examination);

staff of bodies of judicial examination;

persons who are engaged in judicial and expert activities based on the license;

staff of the research organizations.

6. In these rules the following terms and determinations are used:

1) special scientific knowledge - area of special knowledge which content is made by the scientific knowledge realized in techniques of judicial and expert researches;

2) technique of judicial and expert research - system of the methods applied when studying objects of judicial examination to establishment of the actual data relating to subject of certain sort, type of judicial examination;

3) development of techniques - systematization of materials of theoretical nature on the basis of creative studying of the corresponding regulatory legal acts, educational and methodical, reference materials and scientific works, generalization of the available practice of production of judicial and expert researches;

4) approbation of techniques is check on experimental material of provisions and conclusions of theoretical developments as a result of which opportunity and need of their use for expert practice proves to be true or confuted;

5) implementation of techniques - approval and use of the developed and approved techniques in expert activities;

6) the passport of technique of judicial and expert researches – the Section of technique containing information on technique of judicial and expert researches (further – the passport);

7) method of judicial and expert research - system of logical and (or) tool transactions (methods, methods), the objects of judicial examination used when studying for establishment of the circumstances relating to subject of judicial examination.

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