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ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of March 27, 2017 No. 303

About approval of Rules of determination of categories of complexity of judicial examinations, procedure for calculation of terms of production of judicial examinations depending on category of their complexity, and also the bases and procedure for suspension and prolongation of term of production of judicial examinations

According to the subitem 6) 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 determination of categories of complexity of judicial examinations, procedure for calculation of terms of production of judicial examinations depending on category of their complexity, and also the basis and procedure for suspension and prolongation of term of production of judicial examinations.

2. Recognize invalid the following orders of the Minister of Justice of the Republic of Kazakhstan:

2) of November 20, 2015 No. 585 "About modification of the order of the Minister of Justice of the Republic of Kazakhstan of January 26, 2015 No. 46 "About approval of Rules of calculation of terms of production of judicial examinations depending on category of their complexity and determination of categories of complexity of judicial examinations" (registered in the Register of state registration of regulatory legal acts for No. 12323, published in information system of law of Ad_let of December 10, 2015).

3. To provide to department of the organization of expert activities of the Ministry of Justice of the Republic of Kazakhstan:

1) state registration of this order and its official publication;

2) within ten calendar days from the date of state registration of this order the direction it the copy 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 inclusion 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 27, 2017 No. 303

Rules of determination of categories of complexity of judicial examinations, procedure for calculation of terms of production of judicial examinations depending on category of their complexity, and also the basis and procedure for suspension and prolongation of term of production of judicial examinations

Chapter 1. General provisions

1. These rules of determination of categories of complexity of judicial examinations, procedure for calculation of terms of production of judicial examinations depending on category of their complexity, and also the bases and procedure for suspension and prolongation of term of production of judicial examinations (further – Rules) are developed according to the subitem 6) of article 12 of the Law of the Republic of Kazakhstan of February 10, 2017 "About judicial and expert activities" (further – the Law).

2. These rules determine procedure for determination of categories of complexity of judicial examinations, calculations of terms of production of judicial examinations depending on category of their complexity, and also the bases and procedure for suspension and prolongation of term of production of judicial examinations.

Chapter 2. Procedure for determination of categories of complexity of judicial examinations, calculations of terms of production of judicial examinations depending on category of their complexity, and also the basis and procedure for suspension and prolongation of term of production of judicial examinations

3. Judicial and expert researches on degree of complexity are divided into four categories:

1) simple - standard, on simple objects, not requiring uses of labor-consuming methods of research;

2) average degree of complexity - in case of which quality and quantity characteristics of objects, and also the used techniques of judicial and expert researches require certain time expenditure;

3) difficult - the judicial and expert researches requiring application of long and knowledge-intensive, tool methods, the deep analysis of the received results, connected with departure on the scene multi-object, with large number of questions;

4) particularly complex - the original, non-standard researches of new objects and also complicated in the methodical and organizational relation including on the solution of situational tasks.

4. Categories of complexity of judicial examinations by types of judicial and expert researches are given in appendix to these rules.

5. Complex examination is appointed in case researches on the basis of different industries of knowledge are necessary for establishment of the circumstance important for case, and is carried out by court experts of various specialties within the competence.

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