Article 14. Suspension, renewal, termination and revocation of a license to engage in forensic expertise Law on Forensic Expertise

Home / RLA / Article 14. Suspension, renewal, termination and revocation of a license to engage in forensic expertise Law on Forensic Expertise

1. In addition to the general grounds provided for by the Code of the Republic of Kazakhstan on Administrative Offences and the Law of the Republic of Kazakhstan "On Permits and Notifications", the license to engage in forensic expert activity of a person is suspended in the following cases::

1) his being in public service;

2) his/her performance of the powers of a deputy of the Parliament of the Republic of Kazakhstan, a deputy of the maslikhat, who carries out his/her activities on an exempt basis, paid for at the expense of budgetary funds;

3) his work as an expert in the judicial examination bodies;

4) his compulsory military service;

5) provided for by paragraph 2 of Article 22 of this Law.

If the reasons that served as the basis for the suspension of the license are eliminated, its validity is resumed within the time limits established by the Law of the Republic of Kazakhstan "On Permits and Notifications".

2. In addition to the general grounds provided for by the Law of the Republic of Kazakhstan "On Permits and Notifications", the termination of a license to engage in forensic expertise is carried out in the following cases::

1) death of a person;

2) recognition of a person by a court decision that has entered into legal force as legally incompetent or with limited legal capacity, deceased or missing;

3) loss of citizenship of the Republic of Kazakhstan by a person;

4) the entry into force of the court's verdict of conviction;

5) the release of a person from criminal liability for committing a crime on the basis of paragraphs 3), 4), 9), 10) and 12) the first part of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan for the commission of grave or especially grave crimes;

6) the entry into force of a court decision on the application of compulsory medical measures to a person.

3. In addition to the general grounds provided for by the legislation of the Republic of Kazakhstan on administrative offenses, the deprivation of a license to engage in forensic expert activity is carried out in court at the request of the Ministry of Justice of the Republic of Kazakhstan in the following cases::

1) gross or two or more times during one calendar year, a person violated the legislation of the Republic of Kazakhstan during the conduct of forensic expertise;

2) the inability of a person to perform the duties of a judicial expert due to non-compliance with the qualification requirements based on the results of certification;

3) evasion of a person from passing the certification.

4. The licensor suspends, renews, and terminates the license to engage in forensic expertise based on materials submitted by the Commission for licensing forensic expertise.

The person whose license has been suspended, renewed or terminated is notified of the decision within three working days, and the relevant information is entered into the State Register of Judicial Experts of the Republic of Kazakhstan within five working days.

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

President

Republic of Kazakhstan

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