Comments on article 200. Explanation to the expert and the specialist of his rights and obligations of the Civil Procedure Code of the Republic of Kazakhstan
The chairman explains to the expert his procedural rights and duties, warns the expert about criminal liability for giving a deliberately false conclusion, about which the expert's subscription is withdrawn. The subscription is attached to the minutes of the court session.The specialist is explained his procedural rights and the obligation to assist the court in carrying out the necessary procedural actions.The expert involved in the case is explained his rights and obligations provided for in Article 91 of the CPC. Summarizing them, it can be noted that the expert is obliged to give an objective opinion on the issues put to him, has the right to get acquainted with the case materials for this purpose, participate in the trial of the case, and ask the court to provide him with additional materials.The expert may refuse to give an opinion if the materials provided to him are insufficient or if he does not have the necessary knowledge to give an opinion. An expert, like the participants in the trial, may be held administratively liable in accordance with Article 653 of the Administrative Code for contempt of court, in particular, if he unreasonably refuses to give an opinion on the case, does not appear at a court hearing, or violates order in the courtroom.It should be explained to the expert that criminal liability measures provided for by law may be taken against him in accordance with article 420 of the Criminal Code.In accordance with the fifth part of Article 91 of the CPC, an expert who is an employee of the judicial examination bodies, he 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.The expert should be warned of responsibility for unjustifiably refusing to give an opinion on the issues put to him or for giving a deliberately false conclusion at the stage of preparing the case for trial, if he is involved at this stage. This will be indicated in the decision on the appointment of the examination.In any case, at the court hearing, the expert will be required to sign a statement stating that he has been warned of responsibility in accordance with Article 420 of the Criminal Code for giving a deliberately false conclusion. The subscription is a separate document that is attached to the minutes of the court session.
Additional comment
It is explained to the expert involved in the case that he is obliged to give an objective opinion on the issues put to him, has the right to get acquainted with the case materials for this purpose, participate in the trial of the case, and ask the court to provide him with additional materials (Article 91 of the CPC).The expert may refuse to give an opinion if the materials provided to him are insufficient (Article 93 of the CPC). At the same time, it is explained to the expert that measures provided for by law may be taken against him for unjustified refusal to give an opinion or for giving a deliberately false conclusion. The expert is warned of responsibility for giving a knowingly false conclusion during the preparation of the case for trial (if an expert examination is appointed at this stage), as well as at a court hearing before the start of consideration of the case on its merits. This is reflected in the judge's ruling at the stage of preparing the case for trial or in the minutes of the court session.It is explained to the specialist involved in the case that he is obliged to answer the questions posed by the court, provide oral or written advice and explanations, and, if necessary, provide technical assistance to the court (part three of Article 77 of the CPC).
LIBRARY OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN
Astana, 2016
UDC 347 (574)
By 63
ISBN 978-601-236-042-4
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