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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 qualification commissions and certification of court experts

(as amended on 10-01-2019)

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 qualification commissions 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 qualification commissions 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);

the organizational principles, tasks and procedure for activities of the expert and qualification commissions operating in research establishments of judicial examinations of the Ministry of Justice of Ukraine (further - EKK);

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 and EKK;

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 consideration of questions of disciplinary responsibility of court experts.

II. The organizational principles, tasks and procedure for activities of the central expert and qualification commission under the Ministry of Justice of Ukraine

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

2. The main objectives of TsEKK are:

1) determination of conditions of passing of training of specialists which are not employees of the public specialized agencies and intend to receive or confirm qualification of the court expert, approval of training programs (training) on which training of specialists is performed;

2) carrying out certification for the purpose of determination of level of professional readiness of specialists who are not employees of the public specialized agencies and intend to receive and/or confirm qualification of the court expert;

3) consideration of questions of disciplinary responsibility of court experts who are not employees of the public specialized agencies;

4) consideration of questions concerning cancellation of the certificate on assignment of qualification of the court expert granted to court experts who are not employees of the public specialized agencies.

3. The structure of TsEKK is created of permanent and variable members of the commission.

4. The permanent structure of TsEKK affirms the order of the Ministry of Justice of Ukraine.

The chairman, vice-chairmen, representatives of the Ministry of Justice of Ukraine, specialists in procedural questions of judicial examination and the secretary are permanent part of TsEKK.

The commission chairman will organize work of the commission, distributes obligations between her members. In case of absence of the chairman of TsEKK of its obligation the vice-chairman of TsEKK performs.

5. The variable structure affirms the chairman of TsEKK.

The most experienced specialists of research establishments of judicial examinations of the Ministry of Justice of Ukraine (further - NIUSE) having qualification of the court expert and years of service of practical occupational work at least five years are variable part of TsEKK.

Specialists of scientific institutions and educational institutions of other state bodies, court experts who are not employees of the public specialized agencies of judicial examinations and at least five years having years of service of practical occupational work can be variable part of TsEKK (from their consent).

6. Members of TsEKK for the period of its work are exempted from execution of the service duties with preserving average earnings in the place of the main work.

7. Organizational support of activities of TsEKK is performed by structural division of the Ministry of Justice to which functions of organizational and managerial ensuring judicial and expert activities are assigned (further - Structural division of Ministry of Justice).

Preparation of materials for consideration of TsEKK is provided with the secretary of TsEKK.

Participation of members of TsEKK who are workers of NIUSE is provided with management of these organizations. Other members of TsEKK participate in work of the commission on a voluntary basis from their consent.

8. Commission sessions are held as required.

9. The meeting of TsEKK is held by the chairman. In case of absence of the chairman of TsEKK the meeting of TsEKK is held by his deputy.

10. The meeting of TsEKK is competent if its at least 2/3 permanent structures and at least two specialists from variable structure of TsEKK in that expert specialty on which the commission considers question of assignment and/or confirmation of qualification of the court expert or attraction to disciplinary responsibility take part in it.

11. Person which is subject to certification prior to certification has the right to declare branch to the member of the commission if it doubts its objectivity.

In the presence of circumstances which can affect objectivity and impartiality of the member of TsEKK it shall declare rejection.

The issue of the declared branch (rejection) is resolved by other members of TsEKK open voting without participation of the member of TsEKK concerning which the issue of branch (rejection) is resolved.

12. TsEKK by results of consideration of questions of determination of conditions of passing of training of specialists and results of certification makes the decision which form is given in appendix 1 to this Provision, her members who by a simple majority vote are present at meeting.

13. In case of need field meetings of TsEKK which organization is performed based on NIUSE can be held.

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