Article 87. The procedure for conducting an expert examination of the Civil Procedure Code of the Republic of Kazakhstan
1. An expert examination is carried out in court or outside court, depending on the nature of the study or the impossibility or difficulty of delivering objects for research at a court hearing.
2. During the examination, its objects, with the permission of the court that ordered the examination, may be damaged or used only to the extent necessary for conducting research and giving an opinion. The specified permission must be contained in a ruling on the appointment of a forensic examination or in a reasoned ruling on the satisfaction of a judicial expert's request or on a partial refusal to satisfy it.
3. The reliability and admissibility of the objects of expert research is guaranteed by the court.
4. The objects of expert research, if their dimensions and properties allow it, are transferred to the expert in packaged and sealed form. In all other cases, the court that ordered the examination must ensure that the expert is delivered to the location of the research objects, unhindered access to them, and the conditions necessary for conducting the study.
5. Persons participating in the case have the right to be present during the examination, except in cases where such presence during the examination outside the court may interfere with the normal work of experts. If the court grants a request for the presence of persons participating in the case during the examination, the said persons shall be notified of the place and time of the examination. The non-appearance of the notified persons does not interfere with the examination.
6. If the persons participating in the case are present during the examination outside the court, the mandatory participation of the bailiff is determined by the court.
7. When assigning an expert examination to a judicial examination body, the court sends a ruling on the appointment of an expert examination and the necessary materials to its head. The examination is carried out by the employee of the judicial examination body specified in the definition. If a specific expert is not specified in the ruling on the appointment of an expert examination, his choice is carried out by the head of the judicial examination body, which he informs the court that appointed the expert examination.
8. The head of the judicial examination body has the right:
1) indicating the reasons, return to the court without execution the ruling on the appointment of an expert examination, the objects submitted for its production in cases where: this body of forensic expertise does not have an expert with the necessary special scientific knowledge; the material and technical base and conditions of this body of forensic expertise do not allow to solve specific expert tasks; questions posed to the materials for the examination are submitted in violation of the requirements provided for by this Code.;
2) apply to the court for inclusion in the commission of judicial experts of persons who do not work in this body of judicial expertise, if their special scientific knowledge is necessary to give an opinion.;
3) submit a reasoned request for an extension of the time limit for conducting a forensic examination before the court that appointed the forensic examination.
The head of the judicial examination body also has other rights provided for by The Law of the Republic of Kazakhstan "On forensic expertise".
9. The head of the judicial examination body is obliged to:
1) upon receipt of a ruling on the appointment of a forensic examination and objects of research, entrust the proceedings to a specific judicial expert or a commission of judicial experts of this body of forensic examination, taking into account the requirements of the law;
2) without violating the principle of independence of a judicial expert, ensure control over compliance with the deadline for conducting a forensic examination, the comprehensiveness, completeness and objectivity of the research conducted, and ensuring the safety of objects of forensic examination;
3) not to disclose information that has become known to him in connection with the organization of the forensic examination.
10. If the expert examination is supposed to be entrusted to a person who is not an employee of the judicial examination body, the court must verify his identity and the absence of grounds for challenging the expert provided for in Article 39 of this Code before issuing a ruling on its appointment.
11. Reimbursement of expenses related to the examination, as well as remuneration for the expert's work, shall be made in accordance with the rules established by Articles 110 and 111 of this Code.
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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