of June 24, 2013 No. 100
About judicial and expert activities
Accepted by Jogorku Kenesh of the Kyrgyz Republic on May 16, 2013
This Law determines the legal basis, the organizational principles and the main directions of judicial and expert activities in the Kyrgyz Republic, and also regulates the legal relationship arising when implementing judicial and expert activities.
Judicial examination - the legal proceeding consisting in carrying out researches and making the conclusion by the expert in questions which require special knowledge in the field of science, the equipment, art or craft and which are delivered before the expert for the purpose of establishment of the circumstances which are subject to proof on criminal, civil, administrative case and case on offenses.
Conclusion of the court expert - the conclusion of the court expert stated in writing on specific question received by it in analysis result of the conducted researches of objects of examination created by results of research based on special knowledge. Conclusions can be categorical and probable.
Probable conclusion of the court expert - the reasonable assumption (hypothesis) of the court expert of the determined fact. Probable conclusion has no independent evidentiary value.
Categorical conclusion of the court expert - the conclusion containing specific, unambiguous conclusion of the court expert about the fact.
Additional examination - the judicial expertize which is carried out in cases when by results of the previous judicial examination the court expert or resolved not all questions raised before him or the solution of additional questions or research of the objects connected with the previous research, charged to the same or other court expert is necessary.
Court expert's report - the procedural document and type of the proof in which evidence-based conclusions on the questions posed are stated and which is drawn up according to the procedure, stipulated by the legislation the Kyrgyz Republic.
Qualification of the court expert - availability at the court expert of necessary knowledge, abilities, professional skills and experience for production of certain type of judicial examinations.
Commission examination - the judicial expertize which is carried out by several court experts of one specialty.
Complex examination - the judicial expertize which is carried out by experts of different specialties within the competence.
Primary examination - the judicial examination which for the first time is carried out on case for permission of question.
Repeated examination - the judicial expertize which is carried out in cases when court expert's report by results of the previous judicial examination raises reasonable doubts in reliability of conclusions of the court expert or procedural rules of production of primary judicial examination were violated.
Damage of object of research - change of properties and condition of object as a result of application of physical, chemical, biological methods when carrying out researches.
The certificate of competence of the court expert - the document issued to physical person, confirming qualification on certain expert specialty and granting the right to carrying out judicial and expert research.
Certification of competence of the court expert - establishment of compliance of competence of physical person to requirements imposed when carrying out certain type of judicial and expert researches and determination of its opportunities to properly perform specific actions in case of production of judicial examination.
Specialty of the court expert - complex of knowledge, the skills acquired by the receipt of certain education, special preparation and work experience necessary for production of examinations of certain sort, type and subspecies.
Judicial and expert activities - activities for the organization and production of judicial examination for providing the rights and legitimate interests of persons who are participants of criminal, civil, administrative process or case on offenses.
The court expert - the person who is not interested in the outcome of the case having special knowledge in the field of science, the equipment, art or craft to which according to the legislation of the Kyrgyz Republic production of judicial examination is entrusted.
Judicial and expert research - the knowledge process which is coming to the end with the formulation of conclusion (conclusion), the research of these or those materials made by the court expert. The expert research is performed on the basis of special knowledge and according to competence of the expert by means of application to the objects which arrived on research, the corresponding methods and techniques.
Special knowledge - system of theoretical knowledge and practical skills in the field of the specific science, the equipment, art or craft acquired by special preparation and (or) working experience.
Special expert preparation (professional training) - process and result of acquisition by person having certain education, skills of use of knowledge which is available for it in production of examinations of certain sort, type and subspecies that is process of acquisition of profession (qualification) of the expert by it.
Method of judicial and expert research - system of logical and (or) tool transactions (methods, methods), the objects of judicial examination used when studying for establishment of the actual data relating to subject of judicial examination.
Technique of judicial and expert research - system of the methods applied when studying objects of judicial examination to establishment of the actual data relating to subject of judicial examination.
Validation - assessment of suitability of use of methods and techniques of judicial and expert research which is carried out according to the procedure, established by the legislation of the Kyrgyz Republic.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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