Article 33. Expert Administrative Procedural Code of the Republic of Kazakhstan
1. An expert is a person who is not interested in an administrative case, who possesses special scientific knowledge and to whom the court, in the cases and in the manner provided for by this Code and The Civil Procedure Code of the Republic of Kazakhstan has instructed to conduct a judicial examination and give an opinion on the issues raised before it and requiring special scientific knowledge in order to clarify the circumstances of a specific administrative case.
2. The court appoints a judicial examination at the request of the participants in the administrative process or on its own initiative.
3. The expert has the right:
1) to get acquainted with the materials of the administrative case related to the subject of the judicial examination;
2) submit petitions for the provision of additional materials necessary for giving an opinion.;
3) participate, with the permission of the court, in the production of procedural actions, a court session and ask participants in the administrative case questions related to the subject of the forensic examination.;
4) to get acquainted with the protocol of the procedural action in which he participated, as well as, in the relevant part, with the protocol of the court session, and to make observations to be entered into the protocols regarding the completeness and correctness of recording his actions and testimony.;
5) in agreement with the court that appointed the forensic examination, give an opinion on the circumstances identified during the forensic examination that are relevant to the administrative case, including circumstances beyond the scope of the questions formulated.;
6) submit an opinion and give evidence in his native language or a language he knows; use the free help of an interpreter; challenge the interpreter;
7) to appeal against decisions and actions of persons violating procedural rights in the course of judicial examination;
8) receive reimbursement of expenses incurred during the conduct of a forensic examination and remuneration for the work performed, if the conduct of a forensic examination is not included in the scope of his official duties.
4. An expert may not:
1) to negotiate with participants in the administrative process on issues related to the conduct of a forensic examination, without the knowledge of the court;
2) independently collect materials for research;
3) to carry out research that may entail the complete or partial destruction of objects or a change in their appearance or basic properties, unless there was a special court permit for this.
5. The expert is obliged to:
1) appear at the summons of the court;
2) to conduct a comprehensive, complete and objective study of the objects presented to him, to give a reasoned and objective written opinion on the issues raised;
3) refuse to give an opinion and draw up a reasoned written statement about the impossibility of giving an opinion and send it to the court;
4) to give evidence on issues related to the conducted research and the given conclusion;
5) ensure the safety of the objects submitted for research;
6) not to disclose information about the circumstances of the administrative case and other information that became known to him in connection with the conduct of a forensic examination;
7) submit to the court an estimate of expenses and a report on expenses incurred in connection with the conduct of a forensic examination.
6. An expert is criminally liable in accordance with the law for giving a knowingly false conclusion.
7. An expert of a judicial examination body is considered to be familiar with his rights and duties by the nature of his activity and warned about criminal liability for knowingly giving a false conclusion.
ADMINISTRATIVE PROCEDURAL AND PROCESS-RELATED CODE OF THE REPUBLIC OF KAZAKHSTAN dated June 29, 2020 № 350-VI.
The article was amended and supplemented by the Law of the Republic of Kazakhstan dated July 14, 2026, No. 350-VIII SAM
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Republic of Kazakhstan
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