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Home / Codes / Article 39. Grounds for recusal (self-recusal) of the prosecutor, expert, specialist, translator, consultant, secretary of the court session of the Civil Procedure Code of the Republic of Kazakhstan

Article 39. Grounds for recusal (self-recusal) of the prosecutor, expert, specialist, translator, consultant, secretary of the court session of the Civil Procedure Code of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 39. Grounds for recusal (self-recusal) of the prosecutor, expert, specialist, translator, consultant, secretary of the court session of the Civil Procedure Code of the Republic of Kazakhstan

 

     1. The grounds for recusal (self-recusal) specified in subitems 2), 3) of the first part of Article 38 of this Code shall also apply to the prosecutor, the secretary of the court session, a specialist, an interpreter, a consultant, and an expert participating in the consideration and resolution of the case.

     2. An expert, specialist, translator, in addition, cannot participate in the consideration and resolution of the case by the court if:

     1) he is or was in official or other dependence on the persons participating in the case or their representatives;

     2) he carried out an audit or an audit, the results of which served as the basis for applying to the court or are used in the consideration of this civil case.;

     3) his incompetence was revealed, including clarifying the circumstances relevant to the case, beyond the scope of his special knowledge.

     3. The participation of the prosecutor, specialist, translator, consultant, and secretary of the court session during the previous consideration and resolution of the case by the court as prosecutor, specialist, translator, consultant, and secretary of the court session, respectively, is not a ground for their recusal. The previous participation of a person in the case as an expert is not a circumstance precluding the assignment of an additional expert examination in the case, except in cases when it is reappointed after the expert examination conducted with his participation.

 

 

  

  

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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