Forensic Examinations Centre
The history of origin, formation and development of the Forensic Examinations Centre of the Ministry of Justice of the Republic of Kazakhstan dates back to April 1951, when the Alma-Ata Scientific and Research Criminalistics Laboratory was founded under the Legal Commission of the Council of Ministers of the Kazakh SSR.
In April 1957, the Alma-Ata laboratory was transformed into the Alma-Ata Scientific and Research Institute of Forensic Exmaninations of the Ministry of Justice of the Kazakh SSR, which, by the time of its foundation, was the third forensic institute in the USSR.
Establishment of the Alma-Ata Scientific and Research Institute of Forensic Examinations marked the beginning of the development of the scientific field of forensic
The results of the scientific and practical activities of the Alma-Ata SRIFE (Scientific and Research Institute of Forensic Examinations), achievements in the development of the fundamentals of forensic expertise naturally led to transformation of the Alma-Ata SRIFE into the Kazakh Scientific and Research Institute of Forensic Examinations by the resolution of the Council of Ministers of the Kazakh SSR dated September 8, 1966, employees which fulfilled the need for expert studies of courts and law enforcement agencies throughout the Republic.
Since 1975, the field of expert preventive work gained development at the Institute and the structure of the Kazakh SRIFE has been changed. Besides the central office located in Alma-Ata consisting of 6 departments, from 1975 from 1975 to 1978, 10 regional units were established.
The beginning of the 90s was characterized by strengthening of the scientific field of Kaz SRIFE. The activities of the Institute as a whole were repeatedly highly evaluated both by the Ministry of Justice of the USSR and other expert institutions of the Union. The positive experience of the Kazakh SRIFE was spread throughout the entire system of forensic institutions of the USSR Ministry of Justice. In 1989, postgraduate training program was established at SRIFE and a Specialized Council for Ph.D. defense was established.
From 1989 to 1995, 12 people defended their dissertations in the Specialized Council of the Kazakh SRIFE, along with employees of the Institute there were employees of law enforcement agencies and universities of the Republic.
Since gaining independence, Kazakhstan has made significant progress in ensuring the rule of law, creating a rule of law and building a balanced model of the state apparatus.
In the Republic of Kazakhstan in 1997, for the first time, the progressive idea of creating a unified expert system of the Ministry of Justice was implemented. The beginning of its formation was founded by the Decree of the President of the Republic of Kazakhstan No. 3465 dated April 22, 1997 “On further reforming the system of law enforcement bodies of the Republic of Kazakhstan”, which provides for the removal of the function of conducting forensic examination from the criminal prosecution bodies with transfer to the Ministry of Justice.
The adopted decision eliminated significant shortcomings that existed in the system of the relevant law enforcement agencies: the departmental subordination of forensic departments to state bodies associated with the investigation of criminal cases, the disunity of the departments carrying out forensic expertise, and the lack of necessary coordination.
The creation of a unified expert system of the Ministry of Justice ensured not only the principle of independence from the criminal prosecution authorities, but also demonopolized the forensic expert system by creating an institution of private expertise.
Further, in the same year, the first law “On forensic examination” (November 12, 1997) was adopted, which regulates the legal basis of forensic expert activity in the Republic of Kazakhstan, public relations in this area.
In connection with the economic and political development of Kazakhstan, the reform of the law enforcement and judicial systems, as well as the development of science and technology, along with them and the scientific, methodological and scientific research base of the Center, it became necessary to adopt a completely new law in the field of forensic expertise, which would meet modern realities. In this regard, on January 20, 2010, the Law of the Republic of Kazakhstan “On forensic expert activity in the Republic of Kazakhstan” was signed, where the terms of the examination, the rights and obligations of the head of the forensic examination body, the maintenance of state registers of forensic experts and forensic expert methods research, etc.
In order to further improve and modernize the forensic support of the law enforcement and judicial system, on February 10, 2017, the Head of State signed the Laws “On Forensic Expert Activity” and “On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Forensic Expert Activity”. The history of the emergence of the Forensic Medicine Center of the Ministry of Justice of the Republic of Kazakhstan dates back to 1951, when the Resolution of the Council of People’s Commissars of the USSR signed by I.V. Stalin on the organization of the state forensic medical service throughout the USSR. In pursuance of the relevant orders for the Ministry of Health of the USSR dated June 14, 1951, No. 643 and the Ministry of Health of the Kazakh SSR, dated July 23, 1951, No. 667, the Republican Bureau of Forensic Medical Examination was created under the Ministry of Health of the Kazakh SSR and under the regional health departments, with services to cities, rural and urban areas of regions … Thus, according to the existing territorial division, 15 regional forensic medical examination bureaus began to function in Kazakhstan.
In 1955, the first physical and technical department was organized. In 1959, there were 5 forensic laboratories, 3 forensic biological, 1 physicochemical department in the Republic. Over the years, in the regional centers of Kazakhstan (Kyzylorda, Guryev), laboratory units were organized at the forensic medical examination bureau. As of January 1, 1967, there were 200.5 units of medical positions in the Republic, which were occupied by 102 main workers and 89 part-time workers.
The general methodological guidance of forensic medical work in the Union of Soviet Socialist Republics was carried out by the Scientific Research Institute of Forensic Medicine.
A number of government and departmental official documents have been released on the organization, strengthening and development of forensic medical examination, congresses and conferences have been held.
The most intensive period of development of the forensic medical service of the Republic fell on the end of the 60s, reaching its maximum in the mid 70s.
On the basis of the decision of the collegium of the Ministry of Health of the Kazakh SSR dated December 25, 1981 No. 29/15, in order to improve the activities of the forensic medical service in the city of Alma-Ata and the Alma-Ata region and strengthen educational work among the employees, the Republican and Alma-Ata regional judicial bureaus were merged. -medical examination.
In 1989, for the first time in the history of the forensic medical service, the first congress of forensic physicians of Kazakhstan was held in Chimkent. By the Decree of the Government of the Republic of Kazakhstan dated July 2, 1997 No. 1044 “On the reorganization of the forensic medical service of the Ministry of Health of the Republic of Kazakhstan”, the Forensic Medicine Center was established. Since that time, the service has received a new status in the form of a manageable vertical structure.
Institutions of forensic medical examination at the regional level consisted of the following structural units:
1) department of forensic medical examination of victims, accused and other persons;
2) the department of forensic medical examination of corpses;
3) a forensic laboratory, which included a forensic biological, medico-forensic, chemical-toxicological, forensic-histological department;
4) district, inter-district offices.
In 2001, for the first time in the Republic, the scientific and practical journal “Forensic medical examination in Kazakhstan” was registered.
In the period from 2003-2006, the republic’s forensic medicine institutions were equipped with:
– hardware complexes of gas-liquid chromatography and spectrophotometers with software;
– modern high-resolution microscopes (luminescent, polarizing);
– automatic devices for painting histological preparations;
– modular systems of refrigerating chambers.
In 2007, in order to ensure operational interaction with government bodies and improve the coordination of forensic medical activities of the Ministry of Health, the Forensic Medicine Centre was relocated from Almaty to Astana (hereinafter referred to as the Center). For the first time in the republic, a molecular genetic department was organized as part of the Center. The chemical-toxicological department of the Center and the corresponding department of the Akmola branch (Astana) were equipped with modern high-tech and highly sensitive equipment.
In 2008, an extended conference of forensic doctors was held in Astana. The new stage of development made it possible to expand the geography in terms of international cooperation.
In 2011, forensic doctors were trained in the Republic of Belarus (Minsk), in 2011-2012 – thematic master classes with the participation of scientific and practical experts from Russia and the Republic of Belarus, in 2012-2013 – visiting cycles to the Republic of Lithuania, the Republic of Turkey.
In 2015, in accordance with the Decree of the President of the Republic of Kazakhstan “On measures to delineate powers between the levels of government of the Republic of Kazakhstan”, the Centre and its territorial divisions were transferred to the Ministry of Justice.
Step by step, the production of forensic narcological (2015) and forensic psychiatric examinations (2016), which were previously under the jurisdiction of the Ministry of Health, were transferred to the Ministry of Justice of the Republic of Kazakhstan.
This stage marked the beginning of the unification of all organizations carrying out forensic activities in one Ministry. In 2015, in the central office, changes were made to the structure of the Centre, the laboratory service and the department of complex examinations were reorganized.
In 2017, the Forensic Medicine Center was reorganized and renamed into the Republican State Enterprise “Forensic Expertise Centre of the Ministry of Justice of the Republic of Kazakhstan”.
By the Decree of the Government of the Republic of Kazakhstan dated February 3, 2017 No. 34 “On some issues of forensic examination”, the RSE “Forensic Medicine Centre of the Ministry of Justice of the Republic of Kazakhstan” was reorganized by joining the State Institution ” Forensic Science Center of the Ministry of Justice of the Republic of Kazakhstan”.
Thus, today the forensic expert system of the Republic of Kazakhstan is represented by the Republican State Treasury Enterprise “Forensic Examinations Centre of the Ministry of Justice of the Republic of Kazakhstan”.
The consolidation of expert functions in one department has significantly increased the efficiency of the work of expert personnel and concentrated financial efforts, having established a common material and technical base. Moreover, the creation of a single forensic institution made it possible to ensure greater independence of experts, as well as to exclude internal contradictions in forensic activity.
In addition, within the framework of the transformation of forensic activities, the optimization of administrative personnel was carried out and the composition of forensic experts was expanded.
Currently, the Ministry of Justice of the Republic of Kazakhstan together with the World Bank is implementing the Strengthening Forensic Capacity Project. As a result of this project, it is planned to develop a draft law providing for the transition of forensic expertise to a competitive environment. For this, international experts analyzed the legislation of foreign countries, in which the forensic examination was demonopolized and the experience of the best self-regulating associations in the field of expertise was studied. On the basis of this study, a roadmap for the phased transition of Kazakhstan to a model of mixed state and private expertise was developed.