Minister of Justice told how to build payment system of judicial expertise
In his speech, Marat Beketayev noted that the Ministry has now had singled out the main directions in implementing the ninth block of the Address of the Head of State.
The Minister stressed that the system of ordering and paying for expertise in Kazakhstan was not built correctly.
"The key contradiction here is that the examination is ordered by one body, and the payment is made by another. Courts and law enforcement agencies appoint unnecessary examinations, and completed studies for various reasons remain unclaimed. Customers in the face of investigators of courts do not always think about the cost of expertise. However, this is not their fault. Such a business process, when the result is not tied up and not coordinated with costs, is disastrous for any economic model", said M. Beketayev.
That is why, the Ministry plans to gradually introduce mechanisms, when all courts and researches will take into account the price of conducting expertises.
"This will result in more diligent use of budgetary funds and will reduce the number of unnecessary expertises. The first step in this direction has already been taken. In 2017, we signed a joint order with the Ministry of Internal Affairs, according to which we conduct mutual reconciliation", informed the Head of the Ministry of Justice.
The second direction concerns a model of judicial expertise. According to the Minister, it is built in the way that the State is teh main consumer of its services.
"This, in our opinion, is not entirely correct. Progressive models of expert activity involve many customers. In such models, lawyers play a significant role. The point is that the current model of judicial expertise presupposes expertise of the prosecution. And the expertise of the defense side is not yet sufficiently developed", he added.
Marat Beketayev noted that in the past lawyers could get a specialist opinion, and investigators in turn received an expert opinion.
"The reform of the law enforcement system gave lawyers the right to order judicial expertises. But, while the materials of the case could be obtained only with the consent of the investigator. This violated the principle of competitiveness of the sides. Today, the decision to transfer the case materials is made by the judge. Therefore, it can be expected that gradually orders of expertise due to the side of protection will increase in number", said the Minister.
According to M. Beketayev, new possibilities will positively influence the competitiveness of the sides in legal proceedings.
We note that according to the Head of the Ministry of Justice, it is planned to introduce a piece-rate form of salary in the sphere of judicial expertise. According ot Marat Bektayev, the form of salary will facilitate to resolve a whole range of personnel issues.
Akbota Kuzekbay
