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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) 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 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:

1) 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. 10306, published in information system of law of Ad_let of March 17, 2015);

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 different specialties within the competence.

Repeated judicial examination is appointed for research of the same objects and the solution of the same questions in cases when the previous court expert's report is insufficiently reasonable or its conclusions raise doubts or procedural rules in case of appointment and production of judicial examination were significantly violated.

Commission judicial examination is appointed in cases of need of production of difficult judicial and expert researches and is carried out by at least than two court experts of one specialty.

Complex, repeated and commission examinations belong to the category difficult if Appendix to these rules does not provide reference of the issues resolved in case of their production to category particularly complex.

6. The term of production of examination is estimated from the date of acceptance of judicial examination by body, the physical person performing judicial and expert activities based on the license to production of the resolution (determination) on purpose of judicial examination and its objects, and comes to an end in day of their delivery in office.

7. Depending on categories of complexity of judicial examinations the term of their production is determined in the following procedure:

1) simple – up to 5 days;

2) average degree of complexity – up to 20 days;

3) difficult and particularly complex – up to 30 days.

8. The term of production of examination stops in cases if:

1) all or missing parts of materials listed in the resolution (determination) on purpose of examination did not arrive;

2) the court expert declares the petition before body (person) who appointed examination:

about provision to it additional materials;

about permission to damage or destruction of physical evidences;

3) the research of large-size object requires departure to the place of its stay.

4) the court expert who started examination production participates in judicial session on another matter, the requiring certain costs of working hours;

5) the court expert is absent for other reasons (business trip, disease) and there is circumstance interfering transfer of materials to other court expert;

6) the provided materials are at other court expert making on them examination of other type.

9. Prolongation of term of production of judicial examination is performed by body (person) who appointed judicial examination for the motivated petition of the head of body of judicial examination or the court expert (court experts) performing judicial and expert activities according to subitems 2) and 3) of Item 1 of article 19 of the Law.

10. The basis for prolongation of examination are:

1) involvement of the court expert of foreign state;

2) inclusion in structure of the commission of court experts of persons which are not working in body of judicial examination, in cases of need of their special scientific knowledge for making the conclusion;

3) production of multi-object examinations;

4) research of non-standard new objects with large number of questions.

Appendix

to 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 to the bases and procedure for suspension and prolongation of term of production of judicial examinations

Categories of complexity of judicial examinations by types of judicial and expert researches

1. Judicial examination of documents

1.1. Judicial and expert research of handwriting and signatures:

1) simple:

establishment of group accessory (fact of accomplishment by one or different persons);

exception of the possible or expected contractor on degree of clarity and degree of perfection of system of movements;

establishment (exception) of the contractor of the text of the large and average volume executed in usual conditions (in relation to one object);

establishment (exception) of the contractor of the signature executed in usual conditions (in relation to one object);

2) average degree of complexity:

establishment (exception) of the contractor of the handwritten text (alphanumeric) large and average volume executed in usual conditions (applicable from 2 to 10 objects);

establishment (exception) of authenticity of the signature (the alphabetic, shaped or mixed transcription) executed in usual conditions (applicable from 2 to 10 objects);

3) difficult:

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