Frequently Asked Questions

1. How to become a forensic expert if one has experience in a specific area?

If you have experience, the special vocational training for up to 12 months at the Center for Forensic Expertise is required. After that, it is also necessary to pass a qualification exam there, after which the applicant will be hired. There is also the option to act as a private forensic expert, but this will require a license. To obtain the right to carry out private expert activities, it is also necessary to pass a qualification exam in a certain specialty, and if the qualification requirements are met, you can get a license.

2.How can one obtain the specialty of a forensic expert and what educational institutions train them?

The Center for Forensic Expertise conducts forensic examinations and forensic medical examinations. In the Center for Forensic Medicine work experts with medical education who carry out examinations related to medicine. As for the universities, experts are trained in the following: Astana Medical University; State Medical University of Semey; and Kazakh Medical University of Continuing Education in Almaty. In the Center for Forensic Expertise, the field of activity is much wider, and covers all spheres of life, it is chemistry, economics, construction, religious studies, philology and many others. Considering that there are no specialized universities in Kazakhstan that train in expert specialties, young specialists after graduating from any university can come to work in the forensic examination bodies. The Ministry of Justice, together with the Ministry of Education and Science has worked out the issue of including the specialty “Forensic examination” in the Classifier “Master’s degree”. So that, according to the results of the meeting of the Republican Educational and Methodological Council of Higher and Postgraduate Education dated December 7, 2015, the specialty “Forensic examination” was introduced into the Classifier. Therefore, those wishing to obtain a master’s degree may consider this option. At present, the issue of introducing the specialty “Forensic examination” in the PhD doctoral level is also being considered.

3. How to get a copy of the expert opinion?

In accordance with Article 276 of the Criminal Procedure Code of the Republic of Kazakhstan, Article 87 of the Civil Procedure Code of the Republic of Kazakhstan and Article 18 of the Law of the Republic of Kazakhstan “On Forensic Expert Activity” the Head of forensic expertise shall not disclose any data that became known to him in connection with the organization of the forensic expertise. The results of the forensic examination shall be provided only to the body or person who appointed it, that is, the court or the investigating authorities. On the other hand, by virtue of the provisions of Article 46 of the Civil Procedure Code of the Republic of Kazakhstan, persons participating in the case have the right to familiarize themselves with the case materials. In this connection, it is possible to familiarize with get with a copy of the expert’s opinion by contacting the body that appointed the expertise when they get it.

4. Within the framework of what type of forensic expertise the specified issues are resolved?

The subject, objects of research, the level of expert tasks, as well as a list of standard issues being resolved within a certain type of examination are defined in the Rules for organization and performance of forensic examinations and research in forensic expertise bodies, approved by order of the Minister of Justice of the Republic of Kazakhstan dated April 27, 2017 No. 484 posted in the Information and Legal System of Regulatory Legal Acts of the Republic of Kazakhstan “Adilet” (www.adilet.gov.kz.).

5. In which branch of the Center for Forensic Expertise is it possible to assign one or another type of forensic examination?

In the Center for Forensic Expertise of the Ministry of Justice of the Republic of Kazakhstan, it is possible to conduct forensic examinations in accordance with the List of types of forensic examinations conducted by forensic authorities and expert specialties, the qualifications for which are assigned by the Ministry of Justice of the Republic of Kazakhstan, approved by order of the Minister of Justice of the Republic of Kazakhstan dated March 27, 2017 No. 306. Information about types of forensic examinations conducted in the branches of the Center for Forensic Expertise of the Ministry of Justice of the Republic of Kazakhstan are posted on the official website www.sudexpert.adilet.gov.kz.

6. Who is responsible for the legitimacy of the research objects?

In accordance with paragraph 3 of Article 87 of the Civil Procedure Code of the Republic of Kazakhstan and paragraph 2 of Article 280 of the Criminal Procedure Code of the Republic of Kazakhstan, the reliability and legitimacy of the objects of expert research are guaranteed by the person and the body that appointed the expert examination.

7. To whom performance of the forensic examination can be assigned?

According to Art. 19 of the Law “On Forensic Expert Activity”, performance of forensic examination may be assigned to: 1) employees of the forensic examination bodies; 2) individuals engaged in forensic activity on the basis of a license; 3) other persons on a one-off basis in the cases provided for by paragraph 3 of this article. 2. The persons specified in subparagraphs 1) and 2) of paragraph 1 of this article must be citizens of the Republic of Kazakhstan. 3. Performance of a forensic examination on a one-off basis may be assigned in the following cases: 1) appointment of a forensic examination not provided for by the list of types of forensic examinations established by the Ministry of Justice of the Republic of Kazakhstan; 2) satisfaction of a motivated challenge to forensic experts of the relevant specialty who are employees of forensic examination bodies, as well as to persons engaged in forensic activity on the basis of a license, or a motivated dismissal from forensic examination of the forensic examination body as a whole; 3) engaging a forensic expert from a foreign state in accordance with Article 62 of this Law.

8. What regulates the terms of the forensic examination performance?

In accordance with Art. 34 of the Law of the Republic of Kazakhstan “On forensic activity” (hereinafter – the Law), the period for forensic examination performance shall be calculated from the date of the decision adoption for proceeding, determination on the appointment of the forensic examination and its objects by the forensic expertise body or by a person carrying out forensic expertise in accordance with subparagraph 2) and subparagraph 3) paragraph 1 of Art. 19 of the Law. The term for the performance of a forensic examination shall not exceed thirty days, except for the exceptional cases provided for by the legislation of the Republic of Kazakhstan. Extension of the period for the performance of a forensic examination shall be carried out by the body (person) that appointed the forensic expertise, at the reasoned request of the Head of the forensic expertise body or a forensic expert (forensic experts) carrying out forensic activities in accordance with paragraphs 2) and subparagraph 3) paragraph 1 of Art. 19 of the Law. Procedure for extending the period of stay of the persons undergoing a forensic examination on a voluntary basis or forcibly placed in a medical organization for forensic examination shall be carried out in accordance with paragraphs 2 and 3 of Art. 47 of the Law. If additional materials are required to make the opinion the head of the forensic expertise body or a forensic expert (forensic experts) carrying out forensic activities in accordance with subparagraphs 2) and subparagraphs 3) paragraphs 1 of Art. 19 of the Law, a reasoned application is sent to the authority (person) that appointed the forensic expertise. Herewith, performance of a forensic examination is suspended, but for no more than ten business days. If the circumstances that served as the basis for the forensic examination suspension are not eliminated, the forensic examination is carried out in the amount of the provided materials or, if it is impossible, the materials provided for the examination are returned to the body (person) that appointed it, without execution. After research and drawing up an expert opinion or a report about impossibility of providing an opinion the end of the forensic examination or an expert’s opinion (a report about impossibility of providing an opinion) is reported within three days, the objects of research and other materials are issued (sent) to the body (person) that appointed the forensic expertise.

9. Is it possible to appoint a forensic examination by individuals or legal entities?

According to Art. 272 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter –CPC of RoK), as well as Art. 82 of the Civil Procedure Code of the Republic of Kazakhstan, the basis for the execution of a forensic examination shall be a decision, determination of the body conducting the process. Besides, Art. 122, art. 272 of the CPC of RoK provide for the right of a defender to initiate execution of a forensic expertise on a contractual basis, as well as to send a request to an expert institution to conduct an appropriate examination on a contractual basis. Herewith, the Rules for organization and production of forensic examinations and research in the forensic expertise bodies, approved by the order of the Minister of Justice of the Republic of Kazakhstan No. 484 dated April 27, 2017, provide for a research performance based on written requests from legal entities and individuals in the forensic expertise body on a contractual basis. The research is carried out by experts, who are specialists in this case, using scientific means and methods. The cost of the service is established by the Price List, which can be found on the official website of the Center for Forensic Expertise of the Ministry of Justice of the Republic of Kazakhstan

10. What is the procedure for using the State Register of Methods of Forensic Research of the Republic of Kazakhstan?

According to paragraphs 10-13 of the Rules for the Formation, Maintenance and Use of the State Register of Methods of Forensic Research of the Republic of Kazakhstan, approved by the Order of the Minister of Justice of the Republic of Kazakhstan dated March 30, 2017 No. 331, forensic experts use information about the methods entered in the State Register when conducting forensic examinations.

The body conducting the criminal process, the court, the body (official) in which the case of an administrative offense is being processed, and other participants in the process make a written request to the Center for providing information about the methods.

The Center within two working days from the date of receipt of the request in writing provides only an extract from the State Register, certified by the signature of the head or the person replacing him, and the seal of the Center.

This extract is sent to the address of the body conducting the criminal process, the court, the body (official) in which the case of an administrative offense is being processed, other participants in the process, as well as the forensic expert who issued the request.

11. How to get access to the methods of forensic research of the Republic of Kazakhstan?

Access to 357 methods of forensic research is open, they are posted on the Center’s website (forensic.gov.kz). Basically, these are methods from such types of areas of forensic expertise as forensic-economic, commodity science, construction, and medical, which are based on general scientific data.

227 methods are classified as “For official use” and are closed to public access. These are methods for which the Center has obligations under the Law “On Copyright and Related Rights”.

In addition, such methods describe the algorithm for studying the objects of expertise, including materials related to criminal offenses against the constitutional and other human rights and freedoms, the foundations of the constitutional system and the security of the state, against property, in the field of information and economic activity, etc.

12. How are autopsies performed in cases of violent and non-violent deaths in a COVID-19-related state of emergency?

In order to ensure the safety of employees during the examination and to prevent the spread of coronarovirus infection, the Forensic Examination Center has developed an “Algorithm of actions for the admission of corpses to the forensic morgue in a state of emergency related to COVID 19”.

According to the Algorithm, in all cases of delivery of the corpse to the forensic morgue, biomaterial is taken (a smear from the nasal passages and, if possible, from the throat) for laboratory testing on COVID-19.

If the PCR results are positive for COVID-19 in cases of both violent and non-violent death, the forensic medical expert sends a letter to the investigator about the need to consider revoking the decision on the appointment of an expert examination and issuing the corpse without an autopsy.

If the investigator does not agree, the examination (autopsy) is carried out on the basis of a decision on the appointment of a forensic medical examination in compliance with all preventive and sanitary-anti-epidemic measures.