Charter
1. General provisions
1. The Republican State Enterprise “Center for Forensic Examinations of the Ministry of Justice of the Republic of Kazakhstan” (hereinafter – the Enterprise) is a legal entity in the organizational and legal form of a state enterprise on the right of operational management.
2. The enterprise was established in accordance with the Decree of the Government of the Republic of Kazakhstan dated September 11, 2009 No. 1352 “On the reorganization of certain subordinate organizations of the Ministry of Health of the Republic of Kazakhstan” by transforming the state institution “Center of Forensic Medicine” of the Ministry of Health of the Republic of Kazakhstan and is the legal successor of all its rights and obligations.
In accordance with the Decree of the Government of the Republic of Kazakhstan dated September 23, 2014 No. 1005 “On certain issues of the Ministry of Health and Social Development of the Republic of Kazakhstan”, the Enterprise was renamed the Republican State State Enterprise “Center of Forensic Medicine” of the Ministry of Health and Social Development of the Republic of Kazakhstan.
In accordance with the Decree of the Government of the Republic of Kazakhstan dated December 30, 2014 No. 1403 “On certain issues of forensic examination”, the Enterprise was renamed the Republican State State Enterprise “Center for Forensic Medicine of the Ministry of Justice of the Republic of Kazakhstan”.
In accordance with the Decree of the Government of the Republic of Kazakhstan dated February 3, 2017 No. 34 “On certain issues of forensic examination”, the Enterprise was reorganized by joining the state institution “Center for Forensic Examination of the Ministry of Justice of the Republic of Kazakhstan” and is the legal successor of all their rights and obligations, including obligations disputed by the parties.
3. The founder of the Enterprise is the Government of the Republic of Kazakhstan.
4. The rights of the subject of the right of republican ownership in relation to the property of the Enterprise are exercised by the State Property and Privatization Committee of the Ministry of Finance of the Republic of Kazakhstan (hereinafter – the authorized body for state property).
5. The body responsible for managing the Enterprise is the Ministry of Justice of the Republic of Kazakhstan (hereinafter – the authorized body of the relevant industry).
6. Name of the Company:
in the state language:
full – “Kazakhstan Republikasy Adilet ministerliginin sot saraptamalary ortalygy” republikalyk memlekettik kazynalyk kasiporyny;
abbreviated – “KR AM SSO” RMKK;
in Russian:
full-Republican State state Enterprise “Center for Forensic Examinations of the Ministry of Justice of the Republic of Kazakhstan”;
abbreviated-RSE “CSE MU RK”.
7. The location of the Enterprise-010000, Republic of Kazakhstan, Nur-Sultan city, Saryarka district, Saryarka Avenue, house 3/1 VP 15.
2 The legal status of the Company
8. The enterprise is considered established and acquires the rights of a legal entity from the moment of its state registration.
9. The enterprise has an independent balance sheet, bank accounts in accordance with the legislation, forms, a seal with the image of the State Emblem of the Republic of Kazakhstan and the name of the Enterprise.
10. An enterprise may not create legal entities, as well as act as a founder (participant) of another legal entity, except for the cases provided for by the laws of the Republic of Kazakhstan.
The company may establish branches and representative offices in accordance with the legislation of the Republic of Kazakhstan.
11. Civil transactions concluded by an Enterprise and subject to mandatory state or other registration in accordance with the legislative acts of the Republic of Kazakhstan are considered to be completed from the moment of registration, unless otherwise provided by the legislative acts of the Republic of Kazakhstan.
3. The subject and objectives of the Company’s activities
12. The subject of the Company’s activity is the production of forensic examination in criminal, civil and administrative cases by means of special scientific knowledge, as well as the implementation of research activities on forensic examination.
13. The purpose of the Company’s activity is to ensure the production of forensic examinations in criminal, civil and administrative cases on the basis of special scientific knowledge.
14. To achieve this goal, the Company carries out the following activities:
1) organization and production of forensic examinations, research in accordance with the legislation of the Republic of Kazakhstan, including on a contractual basis;
2) implementation of scientific and methodological, research and information activities on forensic examination issues;
3) development, testing and implementation of methods of forensic expert research, improvement of existing methods and methodological recommendations of forensic expert research;
4) external and internal review of expert opinions;
5) participation in the selection, provision of training, retraining and advanced training of forensic experts, as well as other persons (persons applying for a state license to engage in forensic expert activity, persons having a state license to engage in forensic expert activity and law enforcement officers, special bodies) within the competence;
6) organization, conduct and participation in the certification of forensic experts, in accordance with the procedure provided for by the authorized body of the relevant industry;
7) participation in the organization and holding of joint seminars, meetings, conferences with organizations on issues of forensic expert activity;
8) international cooperation and international activities in the field of forensic expertise;
9) participation and conduct of scientific, scientific and methodological research and development not prohibited by the legislation of the Republic of Kazakhstan in accordance with scientific, research projects and programs of the Republic of Kazakhstan;
10) participation in the development and improvement of regulatory legal acts regulating forensic expert activities;
11) interaction with the Republican Chamber of Judicial Experts of the Republic of Kazakhstan;
12) conducting laboratory diagnostics in cases where it is necessary to ensure national security, anti-epidemic, sanitary and preventive measures to prevent particularly dangerous infectious diseases.”
15. The company is not entitled to carry out activities, as well as to make transactions that do not meet the subject and purpose of its activities, as stipulated in this Charter.
16. A transaction made by an Enterprise in contradiction with the objectives of its activities, specifically limited by the laws of the Republic of Kazakhstan or constituent documents, or in violation of the statutory competence of the director, may be declared invalid at the request of the authorized body of the relevant industry or the authorized body for state property, or the prosecutor.
17. The actions of the director of the Enterprise aimed at carrying out non-statutory activities by the Enterprise are a violation of labor duties and entail the application of disciplinary and material liability measures.
4. Enterprise Management
18. Authorized body for State Property:
1) by the decision of the Government of the Republic of Kazakhstan, acts as the founder of the Enterprise;
2) exercise on behalf of the Republic of Kazakhstan the rights of the subject of the right of republican ownership in relation to the Enterprise;
3) on the proposal of the authorized body of the relevant industry, determines the subject and objectives of the Enterprise’s activities, as well as the type of Enterprise engaged in such activities, and approves the Company’s Charter, amendments and additions to it;
4) carries out, in agreement with the authorized body of the relevant industry, the withdrawal or redistribution of property transferred to the Enterprise or acquired by it as a result of its own economic activity;
5) exercises control over the targeted and effective use of the Company’s property;
6) carries out the seizure of excess, unused or misused property of the Enterprise, identified by the results of the control of the intended use of state property, after six months from the date of control without the approval of the authorized body of the relevant industry;
7) establishes to the Enterprise the term of maintenance and ensuring the safety of the seized property before its transfer to another person with subsequent write-off from the balance sheet;
8) gives consent to the authorized body of the relevant industry to carry out the reorganization and liquidation of the Enterprise;
9) gives consent to the Enterprise to alienate or dispose of the property assigned to it in another way (except for the sale of products produced by it), to create branches and representative offices, as well as to transfer and write off accounts receivable;
10) conducts an analysis of the provision of property for property hire (lease) of property assigned to the Enterprise;
11) organizes and conducts monitoring of the functioning and efficiency of enterprise management;
12) resolves other issues referred to its competence by the legislation of the Republic of Kazakhstan.
19. The authorized body of the relevant industry:
1) determines priority areas of activity and mandatory volumes of works (services) financed from the Enterprise budget;
2) makes proposals to the authorized body for state property to determine the subject and purpose of the Enterprise’s activities, as well as to determine the type of Enterprise engaged in such activities;
3) considers, coordinates and approves the development plan of the Enterprise and the report on its implementation;
4) analyzes and controls the safety of the Company’s property and the implementation of the Company’s development plan;
5) gives consent to the authorized body for state property for the withdrawal or redistribution of property transferred to the Enterprise or acquired by it as a result of its own economic activity;
6) manages the Enterprise;
7) approves the annual financial statements of the Enterprise;
8) in coordination with the authorized body for state property, carries out the reorganization and liquidation of the Enterprise;
9) monitors the completeness and timeliness of the transfer of the established part of the net income by the Enterprise to the republican budget;
9-1) submits a submission on giving consent when appointing or dismissing the director of an Enterprise to the Administration of the President of the Republic of Kazakhstan in accordance with the Decree of the President of the Republic of Kazakhstan dated March 29, 2002 No. 828 “On certain issues of personnel policy in the system of state authorities;
10) appoints and dismisses his deputies on the recommendation of the director of the Enterprise;
11) sets the annual amount of the Enterprise’s wage fund;
12) coordinates the staffing table and the structure of the Enterprise on the recommendation of the director of the Enterprise;
13) approves the appointment of directors of branches and representative offices of the Enterprise on the recommendation of the director of the Enterprise;
14) resolves other issues referred to its competence by the legislation of the Republic of Kazakhstan.
20. The body of the Enterprise is its director.
21. The appointment of the director and his certification are carried out in accordance with the procedure determined by the authorized body for state planning.
22. The authorized body of the relevant industry, after agreeing on a candidate with the Administration of the President of the Republic of Kazakhstan, forms an employment relationship with the director of the Enterprise by concluding an employment contract in accordance with the Labor Code of the Republic of Kazakhstan.
In the employment contract, in addition to the conditions established by the Labor Code of the Republic of Kazakhstan, the responsibility of the director of the Enterprise for late transfers of the established part of net income to the budget is determined.
23. The Director of the Enterprise is personally responsible for the financial and economic activities and the safety of the property of the Enterprise.
24. The Director of the Enterprise is personally responsible for the organization of anti-corruption in the Enterprise.
25. The Director of the Enterprise acts on the principles of unity of command and independently solves all issues of the Enterprise’s activities in accordance with its competence determined by the legislation of the Republic of Kazakhstan and this Charter.
26. Director:
1) acts on behalf of the Company without a power of attorney and represents its interests in all bodies;
2) within the limits established by the legislation of the Republic of Kazakhstan, disposes of the property of the Enterprise;
3) enters into contracts and performs other transactions;
4) issues power of attorney;
5) opens bank accounts;
6) issues orders and gives instructions that are mandatory for all employees of the Enterprise;
7) in accordance with the Labor Code of the Republic of Kazakhstan, accepts and terminates an employment contract with employees of the Enterprise, applies incentive measures and imposes penalties on them, unless otherwise provided for by the legislation of the Republic of Kazakhstan and this Charter;
8) approves the staffing table and the structure of the Enterprise in coordination with the authorized body of the relevant industry;
9) approves the staffing table, the system of bonuses and other remuneration of employees within the established wage fund;
10) submit to the authorized body of the relevant branch candidates for appointment and dismissal of their deputies;
11) establishes the competence of its deputies, directors and deputy directors of branches and representative offices of the Enterprise;
12) appoints to the position of directors of branches and representative offices of the Enterprise in agreement with the authorized body of the relevant industry;
12-1) dismisses the directors of branches and representative offices of the Enterprise;
13) approves the regulations on branches and representative offices of the Enterprise;
14) performs other functions provided for by the legislation of the Republic of Kazakhstan.
27. In cases when an Enterprise is declared bankrupt or a rehabilitation procedure is applied and a temporary or bankrupt or rehabilitation manager is appointed in accordance with the procedure established by the legislative act of the Republic of Kazakhstan on rehabilitation and bankruptcy, all the powers to manage it are transferred to the temporary or bankruptcy or rehabilitation manager, respectively.
5. Property of the Enterprise
28. The property of the Enterprise consists of the assets of the Enterprise, the value of which is reflected on its balance sheet.
29. The property of the Enterprise is indivisible and cannot be distributed among deposits (participation shares in the authorized capital, shares), including among the employees of the Enterprise.
30. The property of the Enterprise is formed at the expense of:
1) the property transferred to him by the owner;
2) property (including cash income) acquired as a result of its own activities;
3) other sources not prohibited by the legislation of the Republic of Kazakhstan.
31. An enterprise may manage only the property that is either necessary for it to ensure the activities provided for by its statutory goals, or is the product of this activity.
32. The acquisition and termination of the right of operational management shall be carried out on the terms and in the manner provided for by the Civil Code of the Republic of Kazakhstan for the acquisition and termination of property rights and other property rights, unless otherwise provided for by this Charter or does not contradict the nature of this property right.
33. Fruits, products and income from the use of property under operational management, as well as property acquired by the Enterprise under contracts or other grounds, are transferred to the operational management of the Enterprise in accordance with the procedure established by the legislation of the Republic of Kazakhstan for the acquisition of ownership rights.
34. The right of operational management to the property, in respect of which the owner has made a decision to assign it to the Enterprise, arises from the Enterprise at the time of securing the property on its balance sheet, unless otherwise established by the legislation of the Republic of Kazakhstan or the decision of the owner.
35. The enterprise does not have the right to alienate property related to fixed assets on the basis of contracts of sale, exchange, donation.
36. The right of operational management to the property of the Enterprise is terminated on the grounds and in the manner provided for by Article 249 of the Civil Code of the Republic of Kazakhstan for the termination of the right of ownership, as well as in the cases provided for in paragraph 37 of this Charter.
37. The authorized body for state property has the right, in agreement with the authorized body of the relevant industry, to withdraw the property assigned to the Enterprise or redistribute it among other legal entities created by it, unless otherwise established by the laws of the Republic of Kazakhstan.