Unofficial translation
In compliance with part six of Article 110 and part two of Article 111 of the Civil Procedure Code of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan HEREBY DECREES:
1. That the enclosed Rules for the Payment of Amounts Due to Experts, Specialists and Interpreters shall be approved.
2. That the following shall be recognised as null and void:
1) Resolution of the Cabinet of Ministers of the Republic of Kazakhstan No. 152 of February 25, 1992 “On Approval of the Instruction on the Procedure and Amounts of Reimbursement of Expenses and Payment of Remuneration to Persons Due to Their Summoning to the Bodies of Inquiry, Preliminary Investigation, Prosecutor's Office or to Court”;
2) Decree of the Government of the Republic of Kazakhstan No. 1209 of November 30, 1998 “On Amendments to Resolution of the Cabinet of Ministers of the Republic of Kazakhstan No. 152 of February 25, 1992”.
3. This Decree shall be enacted ten calendar days after the date of its first official publication.
|
Prime Minister of the Republic of Kazakhstan |
O. Bektenov |
| Approved by Decree of the Government of the Republic of Kazakhstan No. 601 of July 25, 2024 |
Rules for the Payment of Amounts Due to Experts, Specialists and Interpreters Chapter 1. General provisions
1. These Rules for the Payment of Amounts Due to Experts, Specialists and Interpreters (hereinafter - the Rules) have been drawn up pursuant to Articles 110 and 111 of the Civil Procedure Code of the Republic of Kazakhstan (hereinafter - the Code) and establish the procedure for the payment of amounts due to experts, specialists and translators in civil cases.
2. Experts, specialists and interpreters shall be reimbursed for travel and accommodation expenses incurred by them due to their appearance in court and shall be paid per diem in the amounts established for persons sent on business trips in compliance with Decree of the Government of the Republic of Kazakhstan No. 256 of May 11, 2018, “On Approval of the Rules for Reimbursement of Expenditures on Business Trips at the Expense of Budgetary Funds Including to Foreign States”.
3. The expert and the specialist shall also be reimbursed for the cost of chemical reagents and other consumables belonging to them, spent by them while completing the assigned work, as well as for the payment for the use of equipment and utilities paid by them for the performance of the work.
4. The payment shall be made for work performed outside the scope of duties of experts engaged on an ad hoc basis, as well as specialists commissioned by the court.
The amount of payment shall be specified by the court upon agreement with the parties and shall be preliminarily deposited to the account opened under the procedure established by the budgetary legislation of the Republic of Kazakhstan by the party who filed the petition.
5. Payment of amounts to experts, specialists, as well as payment for expert examination by forensic examination bodies shall be made by the party that has filed the petition. Should the petition be filed by both parties, or if the appointment of an expert examination or engagement of a specialist is initiated by the court, the required amounts shall be paid by the parties in equal parts.
6. Amounts to be paid for expert examination by the forensic examination body shall be paid to the relevant budget in the form of advance payment by the party (parties) who filed the application or by the party on whom the court has imposed such an obligation. Should the amount not be paid within the time limits established by the court, the costs related to the expert examination shall be imposed by court decision on the person who failed to make (untimely made) payment, irrespective of the results of the examination of the case in line with the second part of Article 109 of the Code.
7. Payment of amounts due to experts and specialists in cases where one or both parties are exempted from paying costs shall be made from budgetary funds following the results of a case on the grounds of a court judgement.
Chapter 2. Procedure for payment of amounts due to experts, specialists and interpreters
8. Payment of sums due to experts, specialists and interpreters shall be made on the grounds of a judicial act issued by a judge in the course of consideration of a civil case.
Upon fulfilment of their duties, these persons shall apply to the financial service of the authorised public body in the field of judicial administration or territorial unit in the regions, capital and cities of national importance with an application for payment of the amounts due, accompanied by the following supporting documents:
1) a judicial act issued by a judge on payment for services;
2) an identity card obtained from the relevant state information systems via the e-Government web portal;
3) a current bank account number.
9. The amounts due to be paid to experts, specialists and interpreters shall be established under Decree of the Government of the Republic of Kazakhstan No. 1070 of October 9, 2014 “On Certain Issues of Reimbursement of Expenses to Persons Incurred in Criminal Proceedings”.
10. The financial service of the authorised body in the field of judicial administration or territorial unit in oblasts, capital and cities of national importance shall check the amount to be paid by the court within ten working days from the day of receipt of the judicial act on payment of the amounts due to experts, specialists and interpreters.
11. Following the results of the audit, the amounts due shall be paid by the financial service of the authorised body in charge of judicial administration or territorial unit in the regions, capital and cities of national importance immediately from the funds specifically allocated from the national budget for the above purposes and stipulated in the relevant financing plans.