ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of April 27, 2017 No. 483

About approval of Rules of forming, maintaining and use of the State register of court experts of the Republic of Kazakhstan

According to the subitem 22) of article 12 of the Law of the Republic of Kazakhstan "About judicial and expert activities" I ORDER:

1. Approve the enclosed Rules of forming, maintaining and use of the State register of court experts of the Republic of Kazakhstan.

2. Declare invalid the order of the Minister of Justice of the Republic of Kazakhstan of January 26, 2015 No. 51 "About approval of Rules of forming and use of the State register of court experts of the Republic of Kazakhstan" (registered in the Register of state registration of regulatory legal acts for No. 10290, published in information system of law of Ad_let of March 20, 2015).

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:

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 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 April 27, 2017 No. 483

Rules of forming, maintaining and use of the State register of court experts of the Republic of Kazakhstan

Chapter 1. General provisions

1. These rules of forming, maintaining and use of the State register of court experts of the Republic of Kazakhstan (further – Rules) are developed in compliance with the subitem 22) of article 12 of the Law of the Republic of Kazakhstan "About judicial and expert activities" and determine procedure for forming, maintaining and use of the State register of court experts of the Republic of Kazakhstan (further – the State register).

2. The state register contains the information about the court experts who are the staff of bodies of judicial examination about the faces having the license for occupation judicial and expert activities, and consisting in Chamber of court experts of the Republic of Kazakhstan (further - court experts).

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, prosecutors, notaries and other participants of process by the information about court experts.

Chapter 2. Procedure for forming and maintaining the State register

4. The state register is created and kept by Department on the organization of expert activities of the Ministry of Justice of the Republic of Kazakhstan (further – Department).

5. Information support for forming and maintaining the State register is performed by RGKP "Center of Judicial Examinations of the Ministry of Justice of the Republic of Kazakhstan" (further – the Center) and the commission on licensing of judicial and expert activities of the Ministry of Justice of the Republic of Kazakhstan (further – the Commission), providing the information about court experts.

6. The information about the court experts who are subject to inclusion (exception) in the State register goes the Center and the Commission within five working days after decision making about assignment of qualification of the court expert, passing of certification, acceptance and dismissal from bodies of judicial examinations or issue, suspension, renewal, cancellation of the license for occupation judicial and expert activities.

7. The state register of court experts of the Republic of Kazakhstan is filled in in form according to appendix to these rules.

8. The data which are subject to entering into the State register are introduced in it within five working days from the moment of their receipt in Department.

9. The state register is kept in electronic format in the state and Russian languages.

10. In need of modification and amendments of the State register, the Center and the Commission send the relevant information to Department in one copy in the state and Russian languages, in printing and electronic type within five working days from the date of adoption of the relevant decision about modification and amendments. Changes and amendments are entered by Department within five working days in the State register from the moment of receipt of information specified in this Item.

11. The state register in electronic format is placed on Internet resources of the Ministry of Justice of the Republic of Kazakhstan.

Chapter 3. Procedure for use of the State register

12. Court, the body (official) conducting process on criminal, civil cases and also for cases on administrative offenses, the prosecutor, the notary, other participants of process use the information about the court experts entered in the State register.

13. If necessary court, the body (official) conducting process on criminal, civil cases and also for cases on administrative offenses, the prosecutor, the notary, other participants of process draw up in writing request to Department about provision of information about court experts.

14. The department within five working days from the date of receipt of request in writing provides the statement from the State register.

15. This statement goes to the address of court, body (official) conducting process on criminal, civil cases and also for cases on administrative offenses, the prosecutor, the notary and other participants of process who sent inquiry.

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