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Home / RLA / Article 1. Clarification of certain concepts contained in this Law The Law on Forensic Expertise

Article 1. Clarification of certain concepts contained in this Law The Law on Forensic Expertise

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 1. Clarification of certain concepts contained in this Law The Law on Forensic Expertise  

      The concepts contained in this Law are applied in the following meaning:  

     1) special scientific knowledge – a field of special knowledge, the content of which is scientific knowledge implemented in the methods of forensic research;

     2) validation – assessment of the suitability of the use of methods and techniques of forensic research, conducted in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

     3) expert specialty – the scientific competence of a judicial expert in the field of a certain type of forensic examination established by the legislation of the Republic of Kazakhstan, confirmed by the assignment of the qualification of a judicial expert;

     4) expert opinion – a written document drawn up in accordance with the requirements of the legislation of the Republic of Kazakhstan, reflecting the progress and results of a forensic expert study;

     5) forensic expert activity – the activity of forensic examination bodies and judicial experts in the organization and production of forensic examination;

     6) the methodology of forensic expert research is a system of methods used in the study of objects of forensic examination to establish factual data related to the subject of forensic examination.;

     7) the method of forensic examination is a system of logical and (or) instrumental operations (methods, techniques) used in the study of objects of forensic examination to establish factual data related to the subject of forensic examination;

     8) judicial examination is the study of materials of a criminal, civil case or an administrative offense case, conducted on the basis of special scientific knowledge in order to establish factual data relevant to its resolution.;

     9) subject of judicial examination – factual data relevant to the resolution of a criminal, civil case or a case of an administrative offense, established by conducting a judicial examination;

     10) objects of forensic examination – physical evidence, documents, the human body, the state of the human psyche, corpses, animals, samples, as well as information related to the subject of forensic examination contained in the materials of the case on which the forensic examination is carried out;

     11) body of judicial expertise – a state-owned legal entity engaged in forensic expertise in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

     12) a judicial expert is a person who is not interested in the case, has special scientific knowledge and meets other requirements established by law, who is entrusted with conducting a forensic examination.;

     13) certification of a judicial expert is a periodically performed procedure for determining the compliance of a judicial expert with the qualification requirements established by law.;

     14) qualification of a judicial expert is a set of knowledge, skills acquired by a person with a professional education through targeted training in order to study objects of expertise of a certain type.;

     15) samples are material objects that display the properties of a living person, corpse, animal, plant, object, material or substance necessary for conducting a forensic examination.

 

     This Law regulates public relations in the implementation of forensic expertise in the Republic of Kazakhstan.

 

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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