ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of March 30, 2017 No. 331

About approval of Rules of forming, maintaining and use of the State register of techniques of judicial and expert researches of the Republic of Kazakhstan

According to the subitem 11) 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 forming, maintaining and use of the State register of techniques of judicial and expert researches of the Republic of Kazakhstan.

2. Declare invalid:

1) the order of the Minister of Justice of the Republic of Kazakhstan of January 26, 2015 No. 49 "About approval of Rules of forming and use of the State register of techniques of judicial and expert researches of the Republic of Kazakhstan" (registered in the Register of state registration of regulatory legal acts No. 10304 and published in information system of law of Ad_let on March 26, 2015);

2) order of the deputy. The Minister of Justice of the Republic of Kazakhstan of July 30, 2015 No. 428 "About introduction of amendments to the order of the Minister of Justice of the Republic of Kazakhstan of January 26, 2015 No. 49 "About approval of Rules of forming and use of the State register of techniques of judicial and expert research" (registered in the Register of state registration of regulatory legal acts No. 12011 and published in information system of law of Ad_let on September 22, 2015);

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.

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of March 30, 2017 No. 331

Rules of forming, maintaining and use of the State register of techniques of judicial and expert researches of the Republic of Kazakhstan

Chapter 1. General provisions

1. These rules of forming, maintaining and use of the State register of techniques of judicial and expert researches of the Republic of Kazakhstan (further – Rules) determine the purpose, procedure for forming, maintaining and use of the State register of techniques of judicial and expert researches of the Republic of Kazakhstan (further – the State register).

2. The state register contains data on techniques of the judicial and expert researches (further - techniques) constituted in the form of the passport of technique of judicial and expert researches on form according to appendix 1 to these rules.

3. The state register is created for the purpose of providing the bodies conducting criminal procedure, courts, bodies (officials) in which production there are cases on administrative offenses, other participants of process, and also court experts data on techniques.

Chapter 2. Procedure for forming and maintaining the State register of techniques of judicial and expert researches of the Republic of Kazakhstan

4. Forming and maintaining the State register is performed by the Republican state state company "Center of Judicial Examinations of the Ministry of Justice of the Republic of Kazakhstan" (further – the Center), providing the information on the techniques developed, approved and implemented according to the legislation of the Republic of Kazakhstan.

5. Data on the techniques which are subject to inclusion in the State register go developers (authors, originators) to the Center in the Kazakh and Russian languages, in printing and electronic type, certified by seal of territorial subdivisions of the Center or with seal of the organization in which the developer of technique performs the activities, within five working days after decision making about approval of techniques at meeting of Scientific and methodical council of the Center (further – NMS).

6. The data which are subject to entering into the State register are introduced in it in the form of the passport of technique within five working days from the date of their receipt in the Center.

7. The state register of techniques of judicial and expert researches is kept electronically in the Kazakh and Russian languages in form according to appendix 2 to these rules.

8. In need of modification and amendments of the State register information after consideration at meeting of NMS goes to the Center in the state and Russian languages, in printing and electronic type, the organizations certified by seal in which the technique or personal seal of person who is engaged in judicial and expert activities based on the license within five working days from the date of decision making at NMS meeting about modification and amendments in the list of the approved techniques is developed.

Changes and amendments are entered by the Center within five working days in the State register from the moment of receipt of information specified in this Item.

9. The electronic version of the State register is placed on Internet resources of the Ministry of Justice of the Republic of Kazakhstan.

Chapter 3. Procedure for use of the State register of techniques of judicial and expert researches of the Republic of Kazakhstan

10. Court experts use the data on techniques entered in the State register in case of production of judicial examination.

11. The body conducting criminal procedure, court, body (official) in which production there is case on administrative offense other participants of process draw up in writing request to the Center about provision of data on techniques.

12. The center within two working days from the date of receipt of request in writing provides only the statement from the State register certified by the signature of the head or person replacing it and seal of the Center.

13. This statement goes to the address of the body conducting criminal procedure, vessels, body (official) in which production there is case on administrative offense, other participants of process, and also the court expert who drew up request.

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