Article 772. Appointment and examination of the Code of the Republic of Kazakhstan on Administrative Offences
1. An expert examination is appointed by a judge, an authority (official) in charge of an administrative offense case, when the circumstances relevant to the case can be obtained as a result of a study of the case materials conducted by an expert on the basis of special scientific knowledge.
2. The presence in the case of acts of audits, inspections, conclusions of departmental inspections, as well as official documents compiled based on the results of research conducted by specialists during the course of procedural actions, does not exclude the possibility of conducting an expert examination on the same issues.
3. The judge, the body (official) in charge of the administrative offense case may appoint an expert examination at the request of the parties or on his own initiative.
4. The examination may be entrusted to the staff of the examination bodies or other persons meeting the requirements of Article 757 of this Code. The expert examination may be entrusted to a person from among those proposed by the parties. The requirement of a judge or official to summon the person charged with conducting the examination is mandatory for the head of the organization where the specified person works.
5. On the appointment of an expert examination, the judge, the body (official) in charge of the administrative offense case, issues a ruling in which he indicates:
1) the surname, initials of the judge, official, name of the court, body;
2) the time and place of the examination appointment;
3) the grounds for the appointment of an expert examination;
4) the surname, first name, patronymic (if any) of the expert or the name of the examination body in which it should be performed;
5) questions put to the expert;
6) the list of materials made available to the expert.
The definition should also include notes explaining to the expert his rights and obligations and warning him of responsibility for giving a deliberately false conclusion.
6. For the production of complex expert research, a commission examination may be appointed, which is conducted by at least two experts of the same specialty.
7. If research based on different branches of knowledge is needed to establish circumstances relevant to the case, a comprehensive examination is appointed, which is conducted by experts of different specialties within their competence.
8. Before sending a ruling on the appointment of an expert examination for execution, the judge or the body (official) who appointed the judicial examination is obliged to familiarize with it the person against whom proceedings are being conducted on an administrative offense and the victim, and explain to them the rights:
1) to challenge the expert or request the removal of the judicial examination body from the examination;
2) apply for the appointment of the persons indicated by them or employees of specific judicial examination bodies as experts, as well as for the examination to be conducted by a commission of experts;
3) request that additional questions be posed to the expert or that they be clarified.;
4) with the permission of the judge or the body (official) who appointed the forensic examination, to be present during the examination, to give explanations to the expert, except in cases that impede the examination;
5) to get acquainted with the expert's opinion or a message about the impossibility of giving an opinion after its receipt to the judge or the body (official) who appointed the forensic examination, to submit their comments, to file petitions for the appointment of additional or repeated examination, the appointment of new examinations.
The examination of the victims is carried out only with their written consent. If these persons have not reached the age of majority or have been declared legally incompetent by a court, written consent to the examination is given by their legal representatives.
9. Based on the results of the examination, the expert (experts) gives on his behalf an opinion drawn up in accordance with the requirements of Article 773 of this Code and sends it to the judge, the body (official) who appointed the examination.
10. If there is insufficient clarity or completeness of the conclusion, as well as if there is a need to resolve additional issues related to the previous study, an additional examination may be appointed, the production of which is entrusted to the same or another expert (experts).
11. If the expert's conclusion is insufficiently substantiated or his conclusions are questionable or the procedural rules on the appointment and conduct of an expert examination have been significantly violated, a re-examination may be appointed to examine the same objects and resolve the same issues, the production of which is entrusted to a commission of experts that does not include the expert (experts) who conducted the previous examination.
12. The determination of the judge, body (official) on the appointment of additional and repeated examinations must be motivated. When assigning additional and repeated examinations, the expert(s) must be provided with the conclusions drawn up based on the results of previous examinations.
13. If, prior to conducting the study, the expert becomes convinced that the questions posed to him go beyond his special knowledge, or the materials presented to him are unsuitable or insufficient to give an opinion and cannot be completed, or the state of science and expert practice does not allow answering the questions raised, he draws up a reasoned message about the impossibility of giving an opinion and sends it to the judge, to the body (official).
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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