of April 27, 2017 No. 484
About approval of Rules of the organization and production of judicial examinations and researches in bodies of judicial examination
According to the subitem 4) article 12 of the Law of the Republic of Kazakhstan "About judicial and expert activities" PRIKAZYVAYU:
2. Recognize invalid some orders according to appendix to this order.
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 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 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.
Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of April 27, 2017 , No. 484
1. These rules of the organization and production of judicial examinations and researches in bodies of judicial examination (further - Rules) are developed according to the subitem 4) of article 12 of the Law of the Republic of Kazakhstan "About judicial and expert activities" and determine conditions, and also procedure for the organization and production of judicial examinations and researches in bodies of judicial examination.
2. Judicial examination (further - examination) is made for the purpose of research of materials of criminal, civil case or case on administrative offense, carried out on the basis of special scientific knowledge for the purpose of establishment of the actual data important for its permission.
3. The research is conducted for the purpose of rendering assistance in receipt of the data necessary for implementation of protection of legitimate interests of legal entities and physical persons by their written requests, with use of scientific means and methods.
4. The bases of production of examination are established by the Code of penal procedure of the Republic of Kazakhstan, the Code of civil procedure of the Republic of Kazakhstan, the Code of the Republic of Kazakhstan about administrative offense, the Law of the Republic of Kazakhstan "About judicial and expert activities", and also the Law of the Republic of Kazakhstan "About notariate".
5. The body (person) which appointed examination represents to the head of territorial subdivision the objects of examination and other materials necessary for carrying out expert researches and making the conclusion which are registered in the Magazine of registration of the materials arriving for production of judicial examinations in forms according to appendices 1, 5-10 to Rules of the address with the objects of judicial examination approved by the order of the Minister of Justice of the Republic of Kazakhstan of March 27, 2017 No. 305 on the same day (further – Rules No. 305), (it is registered in the Register of state registration of regulatory legal acts No. 14958).
The materials which arrived for examination are considered in day of their receipt by the head and are transferred to the court expert (further - the expert) for examination production.
6. Expertizes are carried out in specially equipped room, except for the following cases:
need of carrying out expert researches in the course of legal proceedings;
impossibility of representation of objects because of their big dimensions or specifics of the materials which are subject to expert research.
In case of production of examination out of specially equipped room the body (person) which appointed examination provides delivery of the expert to the location of objects, easy access to them and the conditions necessary for carrying out expert research.
7. For production of difficult, multi-object, complex examinations the head creates the commission of experts as a part of two or more experts.
Commission examination is appointed in cases of need of production of difficult judicial and expert researches and is carried out by at least than two experts of one specialty.
For production of forensic-psychiatric examination on sanity of person the commission as a part of at least three experts is appointed.
Complex examination is appointed in case researches on the basis of different industries of knowledge are necessary for establishment of the circumstance important for case, and is carried out by experts of various specialties within the competence.
The order of complex examination to one expert in the presence at it qualifications on various judicial and expert specialties necessary for production of this examination is allowed.
8. Repeated examination is appointed for research of the same objects and the solution of the same questions in cases when the previous expert opinion is insufficiently reasonable, or its conclusions raise doubts, or procedural rules in case of appointment and production of examination were significantly violated.
Repeated examination is entrusted to the commission among at least two experts and without inclusion in it of the expert who was carrying out primary expertize. The expert who was carrying out the previous expertize can be present at production of repeated examination and give the commissions of the explanation, however he does not participate in expert research and creation of the conclusion.
In case of insufficient justification of motives of purpose of repeated examination the head of territorial subdivision returns to body (person) who appointed examination without execution of the resolution, determination about purpose of examination and objects of examination.
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