Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

It is registered

Ministry of Justice of Ukraine

March 4, 2015

No. 249/26694

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of March 3, 2015 No. 301/5

About approval of the Regulations on the Central expert and qualification commission under the Ministry of Justice of Ukraine and certification of court experts

(as amended on 26-03-2020)

According to Articles 8, of 16, 17 Laws of Ukraine "About judicial examination" and for the purpose of the proper organization of work on certification of court experts order:

1. Approve Regulations on the Central expert and qualification commission under the Ministry of Justice of Ukraine and certification of court experts which is applied

2. Declare invalid the order of the Ministry of Justice of Ukraine of December 9, 2014 No. 2083/5 "About approval of the Regulations on the Central expert and qualification commission under the Ministry of Justice of Ukraine and certification of court experts", registered in the Ministry of Justice of Ukraine on December 12, 2014 for No. 1597/26374.

3. To department of judicial work and expert ensuring justice (Oleynik A. N.) provide submission of this order on state registration in the procedure established by the legislation.

4. This order becomes effective from the date of its official publication.

5. To impose control of execution of this order on the deputy minister Yanchuk A. V.

Minister

P. Petrenko

Approved by the Order of the Ministry of Justice of Ukraine of March 3, 2015 No. 301/5

Regulations on the Central expert and qualification commission under the Ministry of Justice of Ukraine and certification of court experts

I. General provisions

This Provision according to Articles 10, of 14, of 16, "About judicial examination" determines 17 and 21 Laws of Ukraine:

the organizational principles, tasks and procedure for activities of the Central expert and qualification commission under the Ministry of Justice of Ukraine (further TsEKK);

procedure for preparation and training of specialists who intend to receive or confirm qualification of the court expert;

procedure for carrying out certification for the purpose of assignment and confirmation of qualification of the court expert in TsEKK;

procedure for issue of the Certificate on assignment of qualification of the court expert, its duplicate, renewal and cancellation of the Certificate on assignment of qualification of the court expert;

procedure for the temporary termination of implementation of judicial and expert activities and its renewal;

procedure for consideration of questions of disciplinary responsibility of court experts.

II. Organizational bases, tasks and procedure for activities of the Central expert and qualification commission under the Ministry of Justice of Ukraine

1. TsEKK is collegiate organ which is effective under the Ministry of Justice of Ukraine.

2. The main objectives of TsEKK are:

1) approval of programs of preparation (training) of employees of research establishments of judicial examinations of the Ministry of Justice of Ukraine (further - NIUSE) and specialists who are not employees of the public specialized agencies;

2) the decision concerning passing of preparation by employees of NIUSE, specialists who are not employees of the public specialized agencies and having intention to receive (to confirm) qualification of the court expert;

3) carrying out certification for the purpose of determination of the professional training level of workers of NIUSE, specialists who are not employees of the public specialized agencies and intend to receive or confirm qualification of the court expert;

4) consideration of question of assignment of qualification class of the court expert to workers of NIUSE;

5) consideration of questions concerning cancellation of the certificate on assignment of qualification of the court expert;

6) consideration of questions of disciplinary responsibility of court experts.

Certification of court experts of NIUSE for the purpose of assignment of qualification class of the court expert is carried out according to Procedure for assignment of qualification classes of court experts to the employees of research establishments of judicial examinations of the Ministry of Justice of Ukraine approved by the order of the Ministry of Justice of Ukraine of December 30, 2011 No. 3660/5, registered in the Ministry of Justice of Ukraine on January 03, 2012 for No. 2/20315.

3. TsEKK is effective as a part of qualification and disciplinary chambers.

The TsEKK qualification chamber performs the tasks provided by subitems 2 - 4 Items 2 of this Section.

The TsEKK disciplinary chamber performs the tasks provided by subitems 5, of the 6th Item 2 of this Section.

TsEKK is headed by the chairman of TsEKK.

The structure of TsEKK chambers is created of permanent and variable members.

Permanent members of TsEKK chambers cannot enter into both chambers at the same time.

Variable members of TsEKK chambers are involved both chambers without any limit.

4. The permanent structure of each TsEKK chamber affirms the order of the Ministry of Justice of Ukraine. The variable structure of TsEKK chambers which is general for both TsEKK chambers affirms the chairman of TsEKK. The number of permanent structure of TsEKK chamber cannot be less than five people.

The President of Chamber, his deputy, the secretary of chamber, representatives of the Ministry of Justice of Ukraine, specialists in procedural questions of judicial examination are permanent part of each TsEKK chamber (at least one specialist in one chamber), and also court experts who are not employees of the public specialized agencies and at least than five years having years of service of practical work of the court expert can enter (in their consent). Court experts who are not employees of the public specialized agencies join in permanent structure of TsEKK chambers on representation of public organizations of court experts (no more than one person from public organization).

Nonparticipation in meetings of TsEKK chamber of the member of permanent structure of TsEKK chamber twice in a row without valid excuse is the basis for its exception of structure of TsEKK chamber.

The chairman of the relevant chamber will organize its work, distributes obligations between her members, involves members of variable structure of TsEKK chambers of chamber. In case of absence of the chairman of the TsEKK corresponding chamber of obligation of the chairman the deputy performs it.

5. The most experienced specialists of NIUSE, and also court experts who are not employees of the public specialized agencies of judicial examinations and at least than five years having years of service of practical work of the court expert can be variable part of TsEKK chambers (in their consent). Court experts who are not employees of the public specialized agencies join in variable structure of TsEKK chambers on representation of public organizations of court experts.

Specialists of scientific institutions and institutions of higher education can also be variable part of TsEKK chambers (from their consent).

In case of carrying out certification for the purpose of assignment of qualification of the court expert for new expert specialty on which court experts are absent the variable structure of TsEKK chambers joins the experienced specialists of the corresponding industry of knowledge of scientific institutions, institutions of higher education, other state bodies having years of service of practical occupational work at least than five years (in their consent).

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 40000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.