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ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of March 30, 2017 No. 336

About approval of Rules of certification of court experts

(as amended on 25-01-2018)

According to the subitem 18) article 12 of the Law of the Republic of Kazakhstan "About judicial and expert activities" PRIKAZYVAYU:

1. Approve Rules of certification of court experts according to appendix 1 to this order.

2. Recognize invalid some orders of the Minister of Justice of the Republic of Kazakhstan according to appendix 2 to this order.

3. To provide to department on the organization of expert activities of the Ministry of Justice of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction of copies of this order 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 official 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 twenty one calendar days after day of its first official publication.

Minister

M. Beketayev

It is approved

Minister of information and communications of the Republic of Kazakhstan

March 30, 2017

 

____________ D. Abayev

It is approved

Minister of national economy of the Republic of Kazakhstan

March 30, 2017

 

____________ T. Suleymenov

Appendix 1

to the Order of the Minister of Justice of the Republic of Kazakhstan of March 30, 2017 No. 336

Rules of certification of court experts

Chapter 1. General provisions

1. These rules of carrying out certification of court experts (further - Rules) are developed according to the subitem 18) of article 12 of the Law of the Republic of Kazakhstan of February 10, 2017 "About judicial and expert activities" (further - the Law) and determine procedure for carrying out certification, including extraordinary certification (further - certification) court experts, court experts of medicolegal, judicial and narcological, forensic-psychiatric specialties, being the staff of body of judicial examinations, and also persons who are engaged in judicial and expert activities based on the license (further - court experts).

2. In case of establishment of the facts of discrepancy of the court expert to qualification requirements the stipulated in Clause 20 Laws extraordinary certification is carried out it.

The decision about carrying out extraordinary certification is made by the head of the Republican state state company "Center of Judicial Examinations of the Ministry of Justice of the Republic of Kazakhstan" (further - the Center), according to the procedure certain Item 11 of Rules.

3. The court experts who were on child care leave are certified not earlier than in six months after entry into service.

4. The list of persons who are engaged in judicial and expert activities based on the license, certification subjects affirms the order of the Minister of Justice of the Republic of Kazakhstan or replacement his face.

5. The list of the court experts who are subject certifications and the schedule of passing of certification affirms the head of the Center or replacement his face.

6. The center in writing notifies the court experts allowed to certification on the place, time, procedure for carrying out certification, no later than thirty calendar days prior to its carrying out.

7. The court experts who are subject to certification send documents to the Commission on carrying out certification, including extraordinary certification of court experts (further - the Commission) from the moment of receipt of the written notice not later than eleven working days before date of certification.

8. For certification passing, court experts, provide in the Commission through the web portal of "the electronic government" www.egov.kz:

1) the statement in electronic form, according to appendix 1 to these rules;

2) the electronic copy of the characteristic on the court expert signed by the head of territorial subdivision of the Center or replacement his face, reflecting the professional training level;

3) the electronic copy of the review of court expert's reports for the last year;

4) data in form, according to appendix 2 to these rules.

9. For certification passing, the court experts who are engaged in judicial and expert activities based on the license provide in the Commission, documents specified in subitems 1), 3), 4) of Item 8 of these rules.

Chapter 2. Procedure for carrying out certification of court experts

10. The commission carries out certification, in the presence of the certified court expert.

11. Certification is carried out in 2 steps in the state or Russian languages at the choice of the court expert:

1) testing: 100 questions for court experts;

for court experts - on criminal procedure law (20 questions), law of civil procedure (20 questions), criminalistics (20 questions), the administrative right (20 questions), the Law (20 questions);

2) examination: oral interview by certain type of judicial examination (no more than 5 questions in the specialty).

12. Court experts are allowed to testing in case of presentation of the identity document.

Testing time for court experts constitutes 90 minutes.

Testing time for court experts of medicolegal, judicial and narcological, forensic-psychiatric specialties constitutes 50 minutes.

During testing court experts do not exchange words among themselves. Use by the court expert of auxiliary documents (reference, special books), means of communication and records on the electronic medium is not allowed. In case of violation of this Item the court expert will be warned in oral procedure, in case of further violation the court expert will be excluded from the list of the court experts who are subject to certification.

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