Article 82. Appointment of a judicial examination of the Civil Procedure Code of the Republic of Kazakhstan
1. A judicial examination is appointed in cases where circumstances relevant to the case can be established as a result of an examination of its objects conducted by an expert based on special scientific knowledge. The availability of such knowledge from other persons involved in civil proceedings does not exempt the court from the need, in appropriate cases, to appoint an expert examination.
2. The presence in the case of acts of audits, inspections, conclusions of departmental inspections, as well as written consultations of specialists, appraisers' reports, does not replace the expert's opinion and does not exclude the possibility of appointing a forensic examination on the same issues.
3. The court appoints a judicial examination at the request of a party or on its own initiative.
4. At the request of the party and other persons involved in the case regarding the falsification of written evidence, the court has the right to appoint an appropriate expert examination.
5. A person with special scientific knowledge who is not interested in the case may be called in as an expert. The production of a forensic examination may be entrusted:
1) employees of the judicial examination bodies;
2) individuals engaged in forensic expertise on the basis of a license;
3) on a one-time basis to other persons with special scientific knowledge, in accordance with the requirements of the Law of the Republic of Kazakhstan "On Forensic expertise".
6. The persons participating in the case may request the court to entrust the conduct of a forensic examination to a specific person with the necessary special scientific knowledge.
The court's requirement to summon the person charged with conducting the examination on a one-time basis is mandatory for the head of the organization where the specified person works.
7. Each person involved in the case has the right to submit to the court the questions that should be put before the expert. The final range of issues on which the expert must give an opinion is determined by the court. The court is obliged to motivate the rejection of the proposed questions in the ruling on the appointment of a forensic examination.
8. If a party avoids participating in the examination or obstructs its conduct (does not appear for the examination, does not provide the experts with the materials necessary for the study, does not provide the opportunity to study objects belonging to it that are impossible or difficult to submit to the court), and due to the circumstances of the case, it is impossible to conduct an examination without the participation of this party, the court depending on which side evades the examination, it has the right to recognize the fact for which the examination was appointed, established or refuted.
9. The court issues a ruling on the appointment of an expert examination, explains to the expert the rights and obligations provided for in Article 91 of this Code, and warns of criminal liability for knowingly giving a false conclusion.
The ruling on the appointment of a forensic examination shall specify: the name of the court; the time and place of appointment of the examination; the name of the parties to the case under consideration; the type of examination; the grounds for appointment of the examination; the questions posed to the experts; the case materials and objects sent for examination, and information about their origin; permission for the possible complete or partial destruction of objects, changes in their appearance or basic properties during the study; the name of the forensic examination body and (or) the surname of the person who is charged with conducting a one-time forensic examination; the name of the party that must pay for its conduct. A court ruling on the appointment of a forensic examination is mandatory for execution by the authorities or persons to whom it is addressed and falls within their competence.
The examination is carried out within the time limits established by the Law of the Republic of Kazakhstan dated February 10, 2017 "On forensic expertise". The decision on the appointment of an expert examination is not subject to appeal or revision at the request of the prosecutor. Arguments about disagreement with the ruling may be included in the appeal, the prosecutor's petition.
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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