An examination is a study conducted by a qualified and authorized person on behalf of interested parties in order to obtain answers to questions requiring specialized knowledge. This process is carried out within the framework of legal relations between the parties in order to resolve disputes and establish factual data. The examination is carried out by a specialist appointed for this purpose, who has the special knowledge necessary for the analysis, which the customers of the examination do not possess.
The study is conducted in accordance with the Federal Law of May 31, 2001. No. 73-FZ “On State Forensic Expert Activity in the Russian Federation”, “Civil Procedure Code of the Russian Federation” dated 14.11.2002 No. 138-FZ, “Arbitration Procedural Code of the Russian Federation” dated 24.07.2002 No. 95-FZ, as well as the norms of current legislation, including special requirements in the field of construction and technical industry, such as Codes of Rules (SP), State Standards (GOST), Construction Standards (SRT), Methodological Documents in construction (MDS), Sanitary Norms and Rules (SanPiN).
According to the legal status, judicial and non-judicial expertises are distinguished. These studies may be the same in terms of methodology and quality of conduct. What distinguishes them is the purpose of the expertise; if the purpose of the expertise is to use its results in the judicial process, the expertise is carried out in accordance with the relevant regulatory legal acts.
- judicial expertise – is a procedural action consisting of conducting research and giving an expert opinion on issues whose resolution requires special knowledge, and which are put before the expert in order to establish the circumstances to be proved in a particular case. Forensic expertise has a special procedural status, which determines a special procedure for its appointment, a strict list of subjects who can appoint and conduct it, as well as their rights, duties and responsibilities. Thus, a judicial expertise is appointed only by the court personally, or at the request of the plaintiff, defendant, defender or prosecutor at the stage of trial, by a judge, an inquiry body, a person conducting an inquiry or an investigator at the stage of preliminary investigation; it can be appointed at the stage of preliminary investigation in criminal cases or at the stage of judicial proceedings within the framework of criminal, civil, administrative and arbitration proceedings. Forensic expertise is a procedural action regulated by the laws of the agro-industrial complex. The CPC, the Law on State Forensic Expert Activity in the Russian Federation and other regulatory acts. A forensic expert is criminally liable for giving a deliberately false conclusion, and the expert’s conclusion is evidence in the case;
- out of judicial expertise – is a study conducted by a person who has the special knowledge necessary to resolve issues arising in legal relations between legal entities in order to resolve disputes, establish facts of interest. An out-of-court expertise is not related to legal proceedings, its scope is civil legal relations, however, it may be the basis for a trial or the initiation of a criminal case if sufficient facts are established during its conduct. This expertise does not have a special legal status, therefore, any individual or legal entity can be the initiator, and the procedure for its conduct is free. The production of out-of-court expertises is carried out by independent experts specializing in this.
The main objectives of the expert research in the construction and technical sphere include a set of measures aimed at resolving the following issues:
- investigation of the circumstances of an accident in construction in order to establish its causes, conditions and mechanism, as well as the circle of persons whose duties included ensuring safe working conditions;
- research of real estate objects in order to establish the possibility of their real division between the owners, establishing the facts of illegal seizure, appropriation, destruction or transfer of real estate objects, developing options for division, restoration, bringing into compliance with the actual conditions of ownership and the order of use;
- research of residential, administrative, industrial and other buildings damaged by a flood, fire, accident, natural and man-made disaster or other illegal actions of third parties in order to determine the possibility and cost of their restoration repair;
- study of project documentation, construction projects in order to establish their compliance with the requirements of special rules. Determination of the technical condition, causes, conditions, circumstances and mechanism of destruction of construction objects, partial or complete loss of their functional, operational, aesthetic and other properties;
- research of construction objects, their individual fragments, engineering systems, equipment and communications in order to establish the volume, quality and cost of the work performed, materials and products used;
- research of construction sites and the territory functionally related to them in order to determine their value.
Within the framework of the activities carried out, an extensive complex of engineering studies (technical, technological, geo/environmental, geodetic), laboratory studies of materials and natural structures, assessment of the cost of repair and restoration measures, the market value of destroyed, generated or existing property can be included.
OUR EXPERTISE IN EXPERTISE
As part of the expert study, the following sequence of procedures and activities is carried out:
- appointment of a construction and technical expertise by its initiator (a competent official or a legal entity);
- request, receipt, analysis of the original documentation or case materials submitted in the framework of the process under consideration or the dispute that has arisen;
- appointment of the date of expert events, notification and summoning of persons involved in the case or dispute;
- departure to the Object for the purpose of inspection and photo fixation, conducting field studies;
- processing of the data obtained during the study;
- resolution of issues identified by the Initiator of the expertise;
- preparation of an expert Opinion;
- transfer of the results of the expertise to its initiator (competent official or legal entity).
In the process of carrying out construction and technical expertise, experts apply methods of dialectical cognition: synthesis and analysis; general scientific methods: observation, measurement, description, retrospective analysis, as well as the method of constructing logical interrelated sequences.
A logical chain is a chain, a series of successive judgments and conclusions arising from one another, leading from the initial factors to the result of the judgment, to the final conclusion of the logical construction. Logical sequences are a set of processes and stages of actions united by a common logic of achieving a local or common goal. Logical-system sequences include functional actions, computational actions, system and logical analysis. Logical methods have the greatest commonality with the dialectical method and are traditionally presented at the same level with it. The main logical methods include analysis, synthesis, induction, deduction. Deduction is understood not only as a transition from general judgments to particular ones, but also as any necessary following from some statements considered as premises to other statements (conclusions) with the help of laws and rules of logic. Considering the role and place of logical methods of cognition in expert research, it should be noted that formal logic is “a method for finding new results for the transition from the known to the unknown.” Based on its laws, the expert comes to a consistent conclusion. However, the truth of the research results is ensured by dialectical logic. With its help, the expert is able to understand all the variety of signs and phenomena that he must study to solve the task.
The use of a combination of these methods allows experts to come to consistent conclusions on the issues raised.
The expert study is formalized by a motivated expert opinion, which describes the progress of the study and provides answers to the questions posed. The received conclusion is evidence indicating the presence or absence of factual data of interest in resolving a particular issue or becomes the basis for judicial proceedings.
The cost and timing of the examination depend on a number of key indicators, including the purpose and composition of the examination, the scope of the study, the number and nature of the issues identified by the Initiator, as well as the legal nature of the study. The cost of the study is calculated individually for each case or dispute.
Over the years of his professional activity, EUCLID has collected a significant amount of statistical data on the labor costs of the work performed within the framework of various expert studies. Based on the information received and systematized, we have developed a unique service calculator that allows us to determine the optimal cost for most of our Customers. The calculator takes into account many different indicators that affect the applied coefficients in relation to the cost of various stages of work. Among them:
- seasonality of work and location;
- the constructive type, purpose, and status of the object;
- provision of the facility with energy resources, technical readiness;
- the number of free-standing objects under investigation and the number of volumes of the conclusion;
- limiting or hindering the conditions of work, the need to use additional means of mechanization;
- the availability, composition and format of the source data.
EUCLID strives to select the optimal set of services for its clients, contributing to the achievement of high-quality results and effective indicators at a reasonable cost level and meeting deadlines. A flexible system of cumulative discounts is provided for our regular partners, which can reach up to 30%.
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