An independent examination is a procedure involving knowledgeable specialists, during which significant facts and circumstances of the question posed are revealed.
The expert must have a high level of qualifications in this specialization and be well versed in the issue at hand. The research is carried out on behalf of interested parties. The examination allows you to resolve controversial issues and establish facts of interest; its result serves as the basis for resolving disputes in court.
Reasons for conducting an independent examination
An independent study is carried out in cases where an expert assessment is required:
- Investigation of an accident, establishing the guilt of each participant in the incident and calculating damage to the injured parties.
- Establishing the exact value of real estate leased or subject to purchase and sale, inheritance or gift.
- Establishment of damage resulting from natural disasters, fire and flooding, and the procedure can be prescribed by both the victim and the guilty party.
- In cases where the insurance company refuses to pay the due amount of insurance, artificially lowering the value of the property.
- Determining damage caused to a vehicle by a natural disaster or third parties.
- Calculation of the cost of restoration repairs.
- Services for cadastral works.
- When buying or selling an antique item, it is necessary to establish the authenticity or value of the product.
- Other types of examinations (quality of goods or services, household appliances, design features of buildings for readiness or accident risk).
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Consumer expertise
The Center for Independent Consumer Expertise is a structural element of the Russian Consumer Union. The organization is a third independent party in resolving disputes between the consumer and the seller (manufacturer), the customer and the contractor, the seller and the manufacturer.
The company provides legal assistance to consumers in the event of conflict situations, organizes an independent examination or assessment of damage.
Consumer Expertise Centers work in the following areas:
- Expertise of clothing and footwear;
- Research of dry cleaning services;
- Expertise of household appliances, including the entire list of technically complex products;
- Expertise of electronic equipment;
- Furniture research;
- Housing and communal services;
- Examination of construction devices and electrical equipment for household use.
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This legally guarantees the possibility of returning low-quality goods. This link describes in more detail the terms for returning funds to the buyer.
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Consumer examination of goods is carried out based on written applications (claims) from consumers, manufacturers and trading organizations in the field of product or service quality. She may be appointed by a judicial authority.
Sample notification
If an examination is ordered during a trial, the court makes a corresponding decision. The text of the resolution contains information about the court that ordered the examination, the parties to the trial, as well as the expert who must conduct the examination. The text of the resolution also indicates the facts regarding which the examination was ordered, the questions that the expert must answer, as well as the timing of the examination.
In addition, the expert is sent a special notice, which indicates the possibility of bringing him to criminal liability for drawing up an incorrect or false expert opinion, because the expert’s profession requires special knowledge and experience. The notification template for all ships is almost the same. The expert must confirm in writing that he was notified of the possibility of criminal prosecution.
Claim for defective goods
The claim is made in writing in two copies; it is a document indicating the requirement for a product of inadequate quality in accordance with the law.
The consumer has the right to demand that the product be replaced with the same model or article number, with a similar product from another manufacturer with a recalculation of the cost of the product, or return the product to the seller.
The document indicates information about the seller or manufacturer if the item was purchased directly from the manufacturer. The receipt for the goods must indicate the INN, OGRN and legal form of the person who sold the product.
The claim for defective goods is submitted to the seller, and on the second copy the seller makes a note indicating receipt of the claim. If the seller refuses to sign the second copy of the document, the claim is sent by registered mail with acknowledgment of receipt.
The document can also be presented in the presence of two eyewitnesses, and their passport details are indicated in the document. If necessary, eyewitnesses are required to confirm the fact of delivery in court.
The seller is considering the claim. He can either satisfy the request, send the product for examination, or refuse. Refusal is understood not only as actual refusal, but also as inaction in relation to the consumer.
The seller has the right not to respond in writing to the applicant about the decision made. If the claim is rejected, you must contact the Consumer Rights Protection Center to resolve the conflict.
What to do if the product is defective
Product examination is represented by a special merchandising study, which is carried out in relation to various parameters of items in order to determine whether they comply with numerous standards and norms.
The main characteristics studied include:
- product type;
- its make and model;
- quality;
- various parameters that directly affect the comfort and optimal use.
The examination can be carried out pre-trial or judicial. If the buyer does not want to carry out this process on his own, he can apply to arbitration or civil court. The procedure itself is regulated by Art. 82, 86 and 83 of the APC, as well as Art. 263 Code of Civil Procedure.
Arbitration Procedure Code of the Russian Federation Article 82. Appointment of examination
1. To clarify issues that arise during the consideration of a case that require special knowledge, the arbitration court appoints an examination at the request of a person participating in the case, or with the consent of the persons participating in the case. If the appointment of an examination is prescribed by law or provided for by a contract, or is necessary to verify an application for falsification of the evidence presented, or if an additional or repeated examination is necessary, the arbitration court may appoint an examination on its own initiative.
2. The range and content of the issues on which the examination must be carried out are determined by the arbitration court. Persons participating in the case have the right to submit to the arbitration court questions that must be clarified during the examination. The court must provide reasons for rejecting questions submitted by persons participating in the case.
3. Persons participating in the case have the right to petition for the involvement of persons specified by them as experts or for an examination to be carried out in a specific expert institution, to challenge the expert; petition for the inclusion of additional questions posed to the expert in the ruling on the appointment of an examination; give explanations to the expert; get acquainted with the expert’s opinion or a message about the impossibility of giving an opinion; apply for an additional or re-examination.
4. The arbitration court shall issue a ruling on the appointment of an examination or on the rejection of a request to appoint an examination.
The determination on the appointment of an examination shall indicate the grounds for appointing the examination; surname, name and patronymic of the expert or the name of the expert institution in which the examination should be carried out; questions posed to the expert; materials and documents made available to the expert; the period within which the examination must be carried out and the conclusion must be submitted to the arbitration court.
The definition also indicates the expert's warning about criminal liability for giving a knowingly false conclusion.
Arbitration Procedure Code of the Russian Federation Article 83. Procedure for conducting an examination
1. The examination is carried out by state forensic experts on behalf of the head of the state forensic institution and other experts from among persons with special knowledge, in accordance with federal law.The examination may be entrusted to several experts.
2. Persons participating in the case may be present during the examination, except in cases where such presence could interfere with the normal work of the experts, but do not have the right to interfere with the course of the research.
3. When an expert draws up an opinion and at the stage of expert meetings and formulation of conclusions, if the forensic examination is carried out by a commission of experts, the presence of participants in the arbitration process is not allowed.
Code of Civil Procedure of the Russian Federation Article 263. Procedure for consideration and resolution of cases considered by the court in special proceedings
1. Cases of special proceedings are considered and resolved by the court according to the general rules of claim proceedings with the features established by this chapter and Chapters 28 - 38 of this Code.2. The court considers cases of special proceedings with the participation of applicants and other interested persons.
3. If, when filing an application or considering a case in a special proceeding, it is established that there is a dispute about a right within the jurisdiction of the court, the court issues a ruling to leave the application without consideration, in which it explains to the applicant and other interested parties their right to resolve the dispute in the manner of adjudication proceedings .
Additionally, the provisions of the Law on the Protection of Consumer Rights No. 2300 – 1 are taken into account.
Conducted by whom
Only experienced and professional specialists working in expert institutions can carry out the examination. These organizations can be not only government, but also commercial.
What does product examination mean? Answer in video:
Most often, citizens turn to commodity examination bureaus created by government agencies. The main goal of their work is to study various Russian goods. To speed up the verification, you can turn to independent experts, but they charge a high price for their services.
The essence of the procedure
Quality examination is intended to resolve controversial issues that arise between buyers and sellers.
The main essence of the process is presented:
- identifying the reasons for the low quality of the product;
- establishing the amount of commodity loss;
- determining the basis for loss of grade of goods during transportation, storage or sale;
- it is examined whether the item was discounted correctly;
- the consistency of cost in relation to quality is checked.
How to file a claim if you were not provided with complete service? Find out here.
Also, based on the examination, other reasons and factors can be established.
