ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of March 30, 2017 No. 330

About approval of Rules of development, approbation and implementation of techniques of judicial and expert researches

According to the subitem 10) of article 12 of the Law of the Republic of Kazakhstan of February 10, 2017 "About judicial and expert activities" I ORDER:

1. Approve the enclosed Rules of development, approbation and implementation of techniques of judicial and expert researches.

2. Declare invalid the order of the deputy. The Minister of Justice of the Republic of Kazakhstan of March 30, 2015 No. 188 "About approval of Rules of development, approbation and implementation of techniques of judicial and expert researches", (No. registered in the Register of state registration of regulatory legal acts 10660, published in information system of law of Ad_let on April 14, 2015).

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 after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction it 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.

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 March 30, 2017 No. 330

Rules of development, approbation and implementation of techniques of judicial and expert researches

Chapter 1. General provisions

1. These rules of development, approbation and implementation of techniques of judicial and expert researches (further - Rules) are developed according to the subitem 10) of article 12 of the Law of the Republic of Kazakhstan "About judicial and expert activities" (further – the Law) which determine procedure for development, approbation and implementation of techniques of the judicial and expert researches (further – Techniques) developed and applied in case of production of judicial examinations and scientific research in the field of judicial examinations.

2. The purpose of development and deployment of Techniques is improvement of quality of production of judicial examinations, development of single approach to the solution of the questions raised before the expert during the investigation of materials of criminal, civil case and cases on administrative offenses, and also scientific development of judicial and expert activities.

3. The purpose of approbation of the developed Techniques is confirmation of their suitability for use in practice of production of judicial examinations of theoretically constructed techniques, carried out in actual practice.

4. Tasks of development and deployment of Techniques are:

streamlining and systematization of activities of court experts and research associates of bodies of judicial examination;

search of progressive forms, methods, acceptances and means of conducting judicial examinations;

improvement of quality of production of judicial examinations.

5. Developers (authors, originators) of Techniques are:

court experts of bodies of judicial examination of the Ministry of Justice of the Republic of Kazakhstan (further - body of judicial examination);

staff of bodies of judicial examination;

persons who are engaged in judicial and expert activities based on the license;

staff of the research organizations.

6. In these rules the following terms and determinations are used:

1) special scientific knowledge - area of special knowledge which content is made by the scientific knowledge realized in techniques of judicial and expert researches;

2) 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 certain sort, type of judicial examination;

3) development of techniques - systematization of materials of theoretical nature on the basis of creative studying of the corresponding regulatory legal acts, educational and methodical, reference materials and scientific works, generalization of the available practice of production of judicial and expert researches;

4) approbation of techniques is check on experimental material of provisions and conclusions of theoretical developments as a result of which opportunity and need of their use for expert practice proves to be true or confuted;

5) implementation of techniques - approval and use of the developed and approved techniques in expert activities;

6) the passport of technique of judicial and expert researches – the Section of technique containing information on technique of judicial and expert researches (further – the passport);

7) 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 circumstances relating to subject of judicial examination.

Chapter 2. Procedure for development and approbation of techniques of judicial and expert researches

7. The decision on development of Techniques is made by the Academic council of body of judicial examination (further – the MOUSTACHE) which determines types of examinations by which development of techniques, execution forms is necessary, creates the working group on development of technique, approves the head of working group, executives in charge, terms of development and approbation, external and internal reviewers and carries out further procedures for approval of actions for development, approbation and implementation of technique.

8. The plan of development and deployment of Techniques joins in comprehensive plan of work of body of judicial examination.

9. In case of development of Techniques the developer systematizes materials on theoretical nature on the basis of studying of the corresponding regulatory legal acts, educational and methodical, reference materials and scientific works, generalizes the available practice of production of judicial and expert researches.

10. The structure of the Technique consists of the following elements:

the title page in form according to appendix 1 to these rules;

the passport in form according to appendix 2 to these rules;

table of contents;

introduction;

main part;

conclusion;

the list of the used sources;

appendices (in case of need).

11. The work content by designation of all Chapters, paragraphs with indication of pages with which they begin is provided in table of contents, headings of table of contents repeat the corresponding headings in the text, the table of contents is located at the beginning or at the end of work.

12. In introduction are reflected in short form:

relevance of development of technique of judicial and expert research;

practical importance of subject of research;

assessment of the current state of the solved scientific problem;

the purposes and tasks, object and object of research are formulated;

research methods, necessary conditions of carrying out research work are specified;

determination of evidence-based results which use provides the solution of task.

The amount of introduction does not exceed 5-7% of amount of the main text.

13. In Chapters of the main part the technique and technology of the solution of objectives in detail is considered, the received results are described. Content of the main part corresponds to research subject, is logical and reasoned for it opening.

14. Headings of parts, Sections, Chapters and paragraphs, are numbered. In turn they it is subdivided into paragraphs which consist of several offers connected among themselves by certain thought. Headings of parts, Sections, Chapters and paragraphs short, contain the keywords reflecting object or object of research and most precisely reflect content.

15. The conclusion represents consecutive, logically harmonious statement of the received results in their communication with the purposes and tasks specified in introduction and is caused by logic of the carried-out works and wears uniform of synthesis of the scientific information stated in the main part. The amount of the conclusion does not exceed 5-7% of amount of the main text.

Its scientific novelty, the theoretical importance and practical value follows from resulting effects of research.

16. In case of the reference to the borrowed facts or quoting works of other authors, the source of the given materials is specified. Auxiliary materials the representing texts, schedules, tables, cards, photos and so on, are drawn up in the form of appendices.

17. Communication of the main text with appendices is performed through references, using the word "watch appendix..." which is laid off and consists in parentheses. In case of calculation of amount of technique of appendix are not considered.

18. Content of the Technique represents reasons for scientific character, novelty and practical value of the conducted research in case of development of the Technique.

Scientific character of the Technique is determined by scientific reasons for application of empirical and theoretical methods of research, the formulated logical conclusions and conclusions.

Novelty is determined that the methods and acceptances of judicial and expert researches offered in the Technique are theoretically proved and are offered for the first time.

The practical value of the Technique it is established during its approbation.

When writing the Technique unambiguous expressions and terms are applied, and also excluded oneiromancy polysemy.

19. The developer (originator) sends the developed project of the Technique with the passport to body of judicial examination for consideration at meeting of Scientific and methodical council (further – NMS).

20. By results of consideration of NMS makes the decision on carrying out approbation of the introduced draft of the Technique, determines participants of the procedure of approbation and terms of its carrying out.

21. In case of development of the Technique providing application of tool methods of research, approbation is carried out by means of validation of methods of judicial and expert research.

22. The court experts of bodies of judicial examination, persons who are engaged in judicial and expert activities based on the license and also court experts of foreign state according to article 60 of the Law participate in the procedure of approbation.

23. By results of approbation the conclusion in form according to appendix 3 to these rules is drawn up.

24. In the conclusion relevance on which experimental material it was approved confirmation or confutation, opportunities and need of their use for expert practice is specified.

25. The conclusion which is drawn up by results of approbation goes for consideration at NMS meeting.

26. By results of the procedure of approbation the positive or negative decision is passed.

27. Results of approbation are recognized positive if results of check of suitability of the Technique on experimental material confirm opportunity and need of use for expert practice theoretical the provision and conclusions formulated in the Technique.

28. The result of approbation is recognized negative if discrepancy of the formulated theoretical provisions and conclusions in the Technique to results of their practical application in case of production of judicial examination is revealed.

29. In case of negative results of approbation the conclusion goes to developers (originators) for completion.

30. After completion the Technique goes to body of judicial examination where there took place the procedure of approbation for carrying out repeated approbation.

31. On completion of process of approbation based on the solution of NMS the body of judicial examination directs the Technique to internal and external reviewing.

32. The main court expert on the corresponding expert specialty participates in carrying out internal reviewing of the Technique.

33. Person, engaged in judicial and expert activities based on the license for the corresponding specialty, the employee of the research organizations having academic or academic degree on the corresponding specialty, the highest or first qualification category on medical specialties, the faculty of higher educational institutions of the Republic of Kazakhstan and foreign countries participates in carrying out external reviewing of the Technique.

34. The review reflects relevance, scientific novelty and the practical importance of the received conclusions of the reviewed technique and is drawn up in printing, signed by the reviewer, the certified seal of the organization where the reviewer works.

35. The developer (originator) Metodiki who is not the employee of body of judicial examination files in body of judicial examination the written application about the direction on approbation by Metodiki developed by it.

36. Requirements to the procedure of approbation and reviewing of the Techniques developed by persons performing judicial and expert activities based on the license are identical to the requirements to the procedure of approbation and reviewing of Techniques developed by court experts of body of judicial examination.

Chapter 5. Conditions and procedure for implementation of the Technique

37. After holding procedure of approbation for efficiency evaluation and the importance of results, developed technique the body of judicial examination submits the provided Technique for consideration of NMS of body of judicial examination.

38. NMS of body of judicial examination by results of consideration of the provided Technique accepts one of decisions: return to completion or recommends the submitted Technique for approval the MOUSTACHE.

39. The MOUSTACHE having considered the provided Technique accepts one of the decision: approves the Technique or returns it on completion.

40. After decision making the MOUSTACHE of body of judicial examination about approval, the Technique is recommended for implementation in practice of production of certain type (types) of judicial examinations.

Data on the Technique are entered in the State register of techniques of judicial and expert researches of the Republic of Kazakhstan in the form of the passport of technique within five working days from the date of their receipt in the Center judicial examinations of the Ministry of Justice of the Republic of Kazakhstan.

Appendix 1

to Rules of development, approbation and implementation of Techniques of judicial and expert researches

Form

MINISTRY OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

(the name of the organization which developed the Technique)

Technique

judicial and expert (name of type) researches

 

(code of specialty of technique)

 

(the name of the city where the Technique is developed), 20 __.

Appendix 2

to Rules of development, approbation and implementation of Techniques of judicial and expert researches

Form

Passport of technique of judicial and expert researches

1. Name of technique
2. Code of specialty of technique
3. Information on developers of technique
4. Essence of technique
4.1. The expert tasks solved by technique
4.2. Research objects
4.3. Research methods
4.5. Short step-by-step description of technique
5. Data on date of consideration and approval of technique on joint sitting of Scientific and methodical and Scientific councils of the Center of judicial examinations of the Ministry of Justice of the Republic of Kazakhstan
6. Information on authors of the passport of technique

Appendix 3

to Rules of development, approbation and implementation of Techniques of judicial and expert researches

Form

The conclusion by results of approbation of technique of judicial and expert research

date of making conclusion "___" ____________ 20 ___.

The name of body of judicial examination (or the organizations) where approbation was carried out

__________________________________________________________________

"______________________________________________________________________________,

(name of the Technique of judicial and expert research)

developed (constituted) ________________________________________________________________________________

________________________________________________________________________________

Relevance of the provided technique

________________________________________________________________________________

________________________________________________________________________________

Scientific novelty _________________________________________________________________

The list of the used _________________________________________________ methods

________________________________________________________________________________

The list of the used sources ______________________________________________

________________________________________________________________________________

The list of the used equipment ____________________________________________

________________________________________________________________________________

Data on carrying out validation of methods in the Technique (in case of need) _________________________________________________________

Data on carrying out repeated approbation (with indication of the reasons of its carrying out and the received results) __________________________________________________________

________________________________________________________________________________

The conclusions formulated by results of the procedure of approbation (the received results are reliable and the technique can be used in case of production of judicial examination, it is necessary completion and carrying out repeated approbation, technique variation for application in case of production of judicial examination, as inappropriate to the declared characteristics)

________________________________________________________________________________

                          (necessary to emphasize)

Persons who were carrying out approbation:

(First name, middle initial, last name (in the presence), position, date, signatures)

 

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