Article 34. Specialist Administrative Procedural Code of the Republic of Kazakhstan
1. As a specialist, the court may involve an adult person who is not interested in the outcome of an administrative case, who has special knowledge and (or) skills, to participate in a court hearing or procedural actions in order to assist in collecting, researching and evaluating evidence by providing advice (explanations) and assistance in the use of scientific and technical means.
The court has the right to involve specialists at the request of participants in the administrative process. Participants in the administrative process may ask the court to involve a specific person with special knowledge and/or skills as a specialist.
2. The specialist has the right:
1) get acquainted with the materials of the administrative case related to the subject of the study;
2) submit petitions for the provision of additional materials necessary for giving an opinion.;
3) know the purpose of your challenge;
4) to refuse to participate in the proceedings on an administrative case if he does not have the appropriate special knowledge and skills;
5) with the permission of the court, ask questions to participants in the administrative process; draw their attention to the circumstances related to his actions when assisting in the collection, research and evaluation of evidence and the use of scientific and technical means, the study of administrative case materials, the preparation of materials for the appointment of expertise;
6) to get acquainted with the protocol of the procedural action in which he took part, as well as in the relevant part with the minutes of the court session, and to make statements and observations to be recorded in the protocol regarding the completeness and correctness of recording the course and results of the actions performed with his participation.;
7) submit an opinion and give consultations (explanations) in their native language or the language they speak; use the free help of an interpreter; challenge the translator;
8) receive reimbursement of expenses incurred by him in connection with participation in the proceedings of judicial actions, and remuneration for the work performed, if participation in the proceedings on an administrative case is not included in the scope of his official duties.
3. The specialist is not entitled to:
1) to negotiate with participants in the administrative process on issues related to the conduct of research, without the knowledge of the court;
2) independently collect research materials.
4. The specialist is obliged to:
1) appear at the summons of the court;
2) participate in the production of procedural actions and court proceedings, using special knowledge, skills and scientific and technical means to assist in the collection, research and evaluation of evidence;
3) provide explanations about the actions performed by him;
4) not to disclose information about the circumstances of the administrative case and other information that became known to him in connection with participation in the administrative case;
5) to observe the order during the court session;
6) to ensure the safety of the objects submitted for the study.
5. In the case of a deliberately false conclusion, the specialist is criminally liable as established by law.
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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