On signing the Agreement on the Formation of the Coordinating Council of the Member States of the Commonwealth of Independent States in the field of forensic expertise
Decree of the President of the Republic of Kazakhstan dated October 11, 2023 No. 371.
In accordance with subparagraph 1) of Article 8 of the Law of the Republic of Kazakhstan "On International Treaties of the Republic of Kazakhstan", I HEREBY DECREE:
1. To approve the attached draft Agreement on the formation of the Coordinating Council of the Member States of the Commonwealth of Independent States in the field of forensic expertise.
2. To sign on behalf of the Republic of Kazakhstan an agreement on the formation of the Coordinating Council of the Member States of the Commonwealth of Independent States in the field of forensic expertise.
3. This Decree shall enter into force from the date of its signing.
President of the Republic of Kazakhstan
K. Tokaev
Approved by Decree of the President of the Republic of Kazakhstan on October 11, 2023 No. 371
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Agreement on the formation of the Coordinating Council of the Member States of the Commonwealth of Independent States in the field of forensic expertise
The Member States of the Commonwealth of Independent States, hereinafter referred to as the Parties,
Considering the international nature and modern scale of transnational organized crime, which poses a threat to the security of the Parties, and forensic expertise as an important element of countering crime,
Realizing that cooperation in the field of forensic expertise will contribute to strengthening the security of the Parties,
Attaching great importance to the development of cooperation and striving to coordinate cooperation in the field of forensic expertise,
based on the desire to strengthen cooperation between the Parties in the field of forensic expertise,
have agreed on the following:
Article 1
The Parties shall establish a Coordinating Council of the Member States of the Commonwealth of Independent States in the field of forensic expertise (hereinafter referred to as the Council).
For the purposes of this Agreement, the forensic examination bodies of the member States of the Commonwealth of Independent States (hereinafter referred to as the forensic examination bodies) are specialized state bodies (institutions, organizations) established in accordance with the legislation of the Parties that carry out forensic expertise, and to which the court, the body (person) authorized to appoint a forensic examination, in the procedural the procedure may be assigned to conduct it.
Article 2
The Council carries out its activities in accordance with the Regulations on the Coordinating Council of the Member States of the Commonwealth of Independent States in the field of forensic expertise, which is an integral part of this Agreement.
Article 3
Each of the Parties shall determine the competent state authority (institution) responsible for the implementation of this Agreement, coordination of cooperation between national forensic examination authorities (hereinafter referred to as the competent authority), and inform the depositary thereof simultaneously with notification of the completion of domestic procedures necessary for the entry into force of this Agreement.
In the event of a change in the competent authority, the Parties shall inform the depositary in writing within 30 days.
Article 4
By agreement of the Parties, amendments may be made to this Agreement, which are an integral part of it, which are formalized by the relevant protocol.
Article 5
Disputes between the Parties arising from the application and interpretation of this Agreement shall be resolved through consultations and negotiations between the Parties concerned or through another procedure agreed upon by the Parties.
Article 6
This Agreement shall enter into force 30 days after the date of receipt by the depositary of the third notification that the Signatories have completed the internal procedures necessary for its entry into force.
For the Parties that have completed the internal procedures later, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the relevant documents.
Article 7
After its entry into force, this Agreement is open for accession by any member State of the Commonwealth of Independent States by submitting an instrument of accession to the depositary.
For the acceding State, the Agreement shall enter into force 30 days after the date of receipt by the depositary of the instrument of accession.
Article 8
This Agreement is concluded for an indefinite period. Each of the Parties has the right to withdraw from this Agreement by sending a written notification to the depositary of its intention no later than 6 months before the withdrawal date and settling financial and other obligations that have arisen during the validity of this Agreement.
Done in Bishkek on October 13, 2023, in one original copy in Russian. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Agreement.
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For the Republic of Armenia
For the Republic of Tajikistan
For the Republic of Belarus
For Turkmenistan
For the Republic of Kazakhstan
For the Republic of Uzbekistan
For the Kyrgyz Republic
For Ukraine
For the Republic of Azerbaijan
For the Russian Federation
For the Republic of Moldova
Annex to the Agreement on the Formation of the Coordinating Council of Member States of the Community of Independent States in the Field of Forensic Expertise on October 13, 2023
Regulations on the Coordinating Council of the Member States of the Commonwealth of Independent States in the field of forensic expertise
I. General provisions
1. The Coordinating Council of the Member States of the Commonwealth of Independent States in the field of forensic expertise is the body of sectoral cooperation of the Commonwealth of Independent States (hereinafter referred to as the CIS) and is designed, within its competence, to ensure the organization and coordination of interaction between competent authorities in the field of forensic expertise and constructive cooperation with international organizations and their structures.
2. The Council is guided in its activities by the Charter of the Commonwealth of Independent States, international treaties and decisions adopted within the CIS, as well as these Regulations.
3. The Council carries out its activities in cooperation with the CIS Executive Committee, other CIS bodies, state authorities of the member States of the Agreement on the Formation of the Coordinating Council of the Member States of the Commonwealth of Independent States in the field of forensic expertise (hereinafter referred to as the Agreement), and, if necessary, with international organizations and their structures.
4. The Council is accountable in its activities to the Council of the CIS Heads of State.
5. The Council organizes its work on the basis of plans developed and approved by it.
6. The Council annually submits information on its activities to the CIS Executive Committee.
II. Main activities and functions of the Council
7. The main activities of the Council are:
identification of priority areas of cooperation in the field of forensic expertise;
implementation of information, analytical, scientific and methodological work in the field of forensic expertise;
coordination of practical cooperation between competent authorities and other interested national services and departments of the CIS member States on the main aspects;
coordination of technical assistance programs in the field of forensic expertise between the States parties to the Agreement;
organization and coordination of the execution of documents adopted within the CIS in the field of forensic expertise.
8. The main functions of the Council are:
promoting the convergence and harmonization of national legislation in the field of forensic expertise of the States parties to the Agreement;
implementation of cooperation with the relevant state authorities of the States parties to the Agreement, CIS bodies, as well as international organizations on issues within the competence of the Council;
development of proposals to improve the legal framework for cooperation in the field of forensic expertise of the States parties to the Agreement;
participation in the development and implementation of interstate programs that address the field of forensic expertise;
participation in the systematization, standardization and unification of expert research methods of the States parties to the Agreement;
facilitating the exchange of information on forensic expertise;
organization of preparation and distribution of methodological publications and other methodological materials on topical issues of forensic expertise;
consideration of issues related to the organization of training and advanced training of personnel in the field of forensic expertise of the States parties to the Agreement;
consideration of issues related to joint scientific and practical conferences, scientific research on issues of mutual interest in the field of forensic expertise;
exercise of other functions within the competence of the Council.
III. Council rights
9. The Council has the right:
to adopt, within its competence, decisions and recommendations aimed at developing cooperation and interaction between the competent authorities of the States parties to the Agreement in the field of forensic expertise;
To submit draft documents prepared by the Council of Heads of State, as well as information on the implementation of decisions of the Council of Heads of State, the Council of Heads of Government, the Council of Ministers of Foreign Affairs, the Council of Ministers of Foreign Affairs, and the CIS Economic Council concerning the Council's activities to the Council of Heads of State, the Council of Heads of Government, the Council of Ministers of Foreign Affairs, and the CIS Economic Council in accordance with the established procedure.;
to cooperate with other interested CIS bodies;
To create, if necessary, temporary working groups on areas of activity and approve regulations on them in order to fulfill the tasks facing the Council.;
Involve scientists and specialists in accordance with the established procedure for the implementation of certain functions of the Council.;
to send information on the issues of forensic expertise to the interested CIS bodies, as well as to publish it in the printed publications of the CIS bodies;
to resolve other issues within their competence.
IV. Organization of the Council's activities
10. The ex officio members of the Council are the heads of the competent authorities.
Each State party to the Agreement has one vote in the Council.
A member of the Council who is unable to attend the meeting has the right to delegate his representative, who is authorized to make decisions at the Council meeting.
The Council, with an advisory vote, includes the head of the Council's secretariat, as well as a representative of the CIS Executive Committee.
11. The Council is chaired alternately by each CIS member State represented by its member of the Council on the basis of the principle of rotation in the order of the Russian alphabet of the names of the CIS member States, as a rule, for one year, unless otherwise established by a decision of the Council.
The previous and subsequent Chairmen of the Council are its co-Chairmen.
In case of temporary absence of the Chairman of the Council, his duties are assigned to one of the co-Chairmen, unless otherwise established by a decision of the Council.
12. The main activity of the Council is meetings, which are held as needed, but at least once a year.
Extraordinary meetings of the Council may be convened by the Chairman on his initiative or on the proposal of at least three members of the Council.
13. Heads of the secretariats of interested CIS bodies, heads of judicial expertise bodies of States that are not parties to the Agreement, representatives of state authorities of the States parties to the Agreement, as well as international organizations may be invited to attend meetings of the Council as observers.
14. The venue of the Council meeting is determined by prior agreement of the Council members.
15. The procedure for convening and holding meetings of the Council, the quorum, the procedure for preparing documents, making decisions and recommendations, as well as other issues of its activities are determined by the rules of procedure approved by the Council.
16. Chairman of the Council:
carries out the general management of the Council's activities, is responsible for the fulfillment of the tasks assigned to it.;
Holds Council meetings;
signs and submits documents on behalf of the Council;
represents the Council in accordance with the established procedure in the CIS bodies, as well as the state authorities of the States parties to the Agreement.;
maintains and develops, on behalf of the Council, contacts with CIS bodies, international organizations and their structures within its competence;
facilitates the interaction of the competent authorities of the States parties to the Agreement;
performs other actions related to ensuring the activities of the Council.
17. The members of the Council have the same rights.
A member of the Council has the right to submit for discussion any issues within the competence of the Council and receive the necessary information on the issues under consideration and the implementation of decisions taken by the Council.
A member of the Council shall communicate the decisions taken by the Council to the national forensic examination authorities.
A member of the Council ensures the implementation of decisions taken by the Council and promptly informs the Council secretariat of their implementation.
Decisions and recommendations of the Council are adopted by a majority vote of the Council members present and are advisory in nature.
V. The secretariat of the Council
18. The organizational, technical and informational support of the Council's activities is provided by the secretariat.
By decision of the Council, the functions of the secretariat, including on a permanent basis, are performed by one of the divisions of the competent authority of the State party to the Agreement. Financial and other support for the activities of the secretariat shall be provided within the limits of the funds provided in the national budget of the State party to the Agreement to the competent authority, the subdivision of which is entrusted with the functions of the secretariat.
The head of the secretariat is the head of the division of the competent authority of the State party to the Agreement, which is responsible for performing the functions of the secretariat, and the deputy head of the secretariat is a representative of the CIS Executive Committee.
19. Council Secretariat:
organizes and ensures the holding of meetings of the Council in accordance with the procedure provided for by these Regulations and the rules of procedure. When conducting field meetings in the States parties to the Agreement, this work is carried out jointly with the competent authority of the host State.;
prepares the materials submitted for consideration at the meetings of the Council;
Sends the provisional agenda and draft documents submitted for consideration of the upcoming Council meeting to the competent authorities in accordance with the established procedure.;
ensures timely transmission of decisions taken within the framework of the Council to the competent authorities.;
Organizes meetings in accordance with the decisions of the Council on the preparation of draft documents considered at the meetings of the Council.;
keeps minutes of meetings of the Council's working groups;
interacts with the competent authorities regarding the timely identification of participants in the Council meeting and the meeting preceding it to discuss issues on the agenda of the next Council meeting.;
Jointly with the competent authorities, it monitors the implementation of decisions taken by the Council, informs the Chairman and members of the Council about the results.;
interacts, within the limits of its competence, with other CIS bodies, as well as with the relevant division of the CIS Executive Committee, in terms of approving and preparing draft documents.
In order to carry out its functions, the Council secretariat has the right to request the necessary information from the competent authorities in accordance with the procedure established by the legislation of the States parties to the Agreement.
20. The head of the secretariat is appointed by the decision of the Council.
Head of the Secretariat:
Manages the activities of the Council's secretariat;
organizes the work of the Council between meetings;
provides organizational and informational support for the Council's activities in cooperation with the CIS Executive Committee;
performs other actions related to ensuring the activities of the secretariat.
The head of the secretariat may be relieved of his duties at his own request or by decision of the Council.
21. The accounting and storage of Council documents is carried out by a structural unit of the CIS Executive Committee, whose representative is part of the secretariat.
VI. Financing
22. Expenses related to the financing of Council meetings are carried out at the expense of the relevant State authorities of the host State party to the Agreement.
23. Travel expenses for members of the Council and participants in its meetings are borne by the relevant State authorities of the sending States parties to the Agreement.
President
Republic of Kazakhstan
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