ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of August 9, 2005 No. 86/5

About approval of the Regulations on the expert and qualification commissions and certification of court experts

According to Articles 16, 17 Laws of Ukraine "About judicial examination" and for the purpose of strengthening of control of quality of training and certification of court experts from among specialists of research institutions of judicial examinations and specialists who are not employees of the public specialized agencies, ORDER:

1. Approve Regulations on the expert and qualification commissions and certification of court experts it (is applied).

2. Declare invalid the order of Ministry of Justice of Ukraine of 15.07.97 #285/7-А "About the expert and qualification commissions and certification of court experts", registered in Ministry of Justice of Ukraine 04.08.97 for #283/2087 (with changes and amendments).

3. To the head of department of expert ensuring justice (Golovchenko L. M.) provide this order on state registration according to the Presidential decree of Ukraine of 03.10.92 #493 "About state registration of regulatory legal acts of the ministries and other executive bodies" (with changes and amendments).

4. To impose control over the implementation of this order on the first deputy the Minister of Justice of Ukraine I. I. Yemelyanova.

Approved by the Order of the Ministry of Justice of Ukraine of August 9, 2005 No. 86/5

Regulations on the expert and qualification commissions and certification of court experts

I. General provisions

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

functions and procedure for activities of the Central expert and qualification commission under the Ministry of Justice of Ukraine;

functions and procedure for activities of the expert and qualification commissions which are effective in research establishments of judicial examinations of the Ministry of Justice of Ukraine;

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

procedure for carrying out certification of court experts by the Central expert and qualification commission under the Ministry of Justice of Ukraine and the expert and qualification commissions which are effective in research establishments of judicial examinations of the Ministry of Justice of Ukraine;

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

II. The central expert and qualification commission under the Ministry of Justice of Ukraine

2.1. The main functions of the Central expert and qualification commission under the Ministry of Justice of Ukraine (further - TsEKK) are:

determination of procedure and conditions of passing of training of specialists which intend to receive or confirm qualification of the court expert, approval of training programs (training), by which training of specialists is performed;

carrying out certification for the purpose of assignment (confirmation) of qualification of the court expert to specialists who are not employees of the public specialized agencies and independently or as a part of the legal entity intend to perform judicial and expert activities on professional basis;

consideration of questions of disciplinary responsibility of court experts who are not employees of the public specialized agencies.

2.2. The structure of TsEKK is created of permanent and replaceable members of the commission.

2.3. The permanent structure of TsEKK affirms the order of Ministry of Justice.

To permanent structure of TsEKK the chairman, vice-chairmen, two representatives of the Ministry of Justice of Ukraine, the specialist in procedural questions of judicial examination, the secretary enter.

2.4. The replaceable structure affirms the chairman of TsEKK.

The most experienced specialists of research establishments of judicial examinations of Ministry of Justice who have qualification of the court expert and years of service of practical occupational work at least than five years are replaceable part of TsEKK.

To replaceable structure of TsEKK specialists of scientific institutions and educational institutions of other state bodies, public organizations can enter (in their consent).

To participation in meeting of TsEKK at least than two that expert specialty specialists on which the commission carries out certification for the purpose of assignment (confirmation) of qualification of the court expert or considers question concerning attraction to disciplinary responsibility are invited.

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

2.6. Organizational support of activities of TsEKK is assigned to the Ministry of Justice of Ukraine. Material logistics of activities of TsEKK is performed by research establishments of judicial examinations of Ministry of Justice.

2.7. Preparation of materials for consideration by the commission is performed by the secretary of the commission.

2.8. Meetings of the commissions are held as necessary. The term of consideration of the applications shall not exceed 30 days from the date of receipt in the commission and can be prolonged in the presence of the reasonable excuses connected with their consideration up to 45 days.

About time of holding meeting of TsEKK on consideration of questions of assignment (confirmation) of qualification of the court expert to interested persons it is reported not later than in 7 days.

2.9. The meeting of TsEKK is held by its chairman. In case of absence of the chairman of TsEKK of its obligation the vice-chairman of TsEKK carries out.

2.10. The meeting of TsEKK is competent if at least its 2/3 permanent structures at least than two specialists of that expert specialty on which the commission carries out certification concerning assignment (confirmation) of qualification of the court expert or considers question concerning attraction to disciplinary responsibility take part in it.

2.11. Person who is subject to certification prior to certification has the right to declare branch to the member of the commission if it has doubt in its objectivity.

The issue of the declared branch is resolved by other members of TsEKK without participation of the member of TsEKK to which branch, is declared by open voting.

2.12. The decision of the commission is made by a simple majority vote the members of TsEKK who are present at meeting and drawn up by the protocol (appendix 1).

In case of discrepancy of opinions members of the commission who do not agree with the decision which is written down in the protocol sign the protocol with the mark "With Separate Opinion" and draw up in writing the motivations which are applied to the protocol.

2.13. In case of need field meetings of TsEKK which organization is performed based on research establishments of judicial examinations of Ministry of Justice can be held.

2.14. TsEKK has the form and seal.

III. Expert and qualification commissions of research establishments of judicial examinations of Ministry of Justice

3.1. The main objectives of the expert and qualification commissions which are effective in research establishments of judicial examinations of Ministry of Justice (further - EKK) are:

determination of the professional training level of specialists who work in staff of research establishments of judicial examinations of Ministry of Justice, by their certification for the purpose of assignment (confirmation) of qualification and/or qualification class of the court expert;

consideration of questions of disciplinary responsibility of court experts of research establishments of judicial examinations of Ministry of Justice.

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