Unofficial translation (c) Soyuzpravoinform LLC
of January 26, 2024 No. 04/2
About approval of "The minimum requirements to implementation of independent expert activities"
Based on article 94-1.10 of the Law of the Azerbaijan Republic "About insurance activity" and article 22.1.17 of the Law of the Azerbaijan Republic "About the Central bank of the Azerbaijan Republic" the Board of the Central bank of the Azerbaijan Republic DECIDES:
1. Approve "The minimum requirements to implementation of independent expert activities" (are applied).
2. Charge to Legal department to provide in 3-day time submission of this Resolution to the Ministry of Justice of the Azerbaijan Republic for entering into the State register of legal acts of the Azerbaijan Republic.
Chairman of the Central bank
Talekh Kazimov
Approved by the Resolution the Central bank of the Azerbaijan Republic on January 26, 2024 No. 04/2
1.1. These Requirements are developed according to article 94-1.10 of the Law of the Azerbaijan Republic "About insurance activity" (further - the Law) and determine the minimum requirements to implementation of independent expert activities.
1.2. Parts 2, of 4 and 6 these Requirements are not applied to the independent experts appointed according to the Law of the Azerbaijan Republic "About agrarian insurance".
2.1. The independent expert is appointed according to Article 925-1 of the Civil code of the Azerbaijan Republic (further - the Civil code).
2.2. In appointment cases according to Articles 925-1.2 and 925-1.4 of the Civil code the independent expert can start conducting examination in the presence of all following requirements:
2.2.1. the address addressed to the insurer about appointment of one of 3 (three) independent experts corresponding to the respective area offered by person requesting conducting examination;
2.2.2. the notification in connection with appointment from number 3 (three) independent experts specified in subitem 2.2.1 of these Requirements, 1 (one) independent expert chosen by the insurer addressed to this independent expert with indication of at least following data:
2.2.2.1. type of subject to which the damage, the place and the address of loss occurrence is caused;
2.2.2.2. the place and the address of finding of subject concerning which conducting examination on insured event is supposed;
2.2.2.3. the size of the service fee offered the independent expert on conducting examination for conducting examination.
2.3. In case of appointment according to Article 925-1.3 of the Civil code or article 16.4 of the Law of the Azerbaijan Republic "About compulsory insurance" the independent expert starts conducting examination based on the address to it of person who requested conducting examination.
2.4. The independent expert shall within no more than 1 (one) working days from the date of the address provide to the party which requested its appointment and the insurer information on the consent to conducting examination.
2.5. The independent expert shall within no more than 1 (one) working days from the date of the address to him provide to the insurer and person who requested conducting examination, information on refusal in conducting examination with indication of cause of failure.
2.6. In cases when on one insured event two and more independent experts in different areas are appointed, requirements of Items 2.2 and 2.3 of these Requirements extend to the independent expert appointed on each area.
2.7. Taking into account Item 2.8 of these Requirements start date of examination date of consent of the independent expert to conducting examination according to Item 2.4 of these Requirements is considered.
2.8. In case of appointment of the independent expert according to requirements of Article 925-1.4 of the Civil code start date of examination the date approved by the signed civil agreement on conducting examination is considered.
2.9. After examination completion the independent expert taking into account Item 2.10 of these Requirements shall constitute the expert opinion on results of the assessed damages and provide it to the insurer and person who requested conducting examination, in time established by the signed civil agreement on conducting examination.
2.10. The independent expert performing activities in the field of road transport shall finish examination no later than 7 (seven) working days from start date of examination and, having constituted the expert opinion on results of the assessed damages, to provide it to the insurer and person who requested conducting examination.
2.11. Expertize shall be carried out with use of methods and means (methods) corresponding to the corresponding field of activity and survey on the place by the independent expert if he is physical person and if he is legal entity, then - his worker who is working at the basis of the employment contract and having the certificate of the independent expert in the respective area
2.12. The independent expert cannot require or accept directly or indirectly any additional fee and payments, and also material and other benefits, privileges or privileges for conducting independent examination, except the size of the approved service fee specified in the signed civil agreement on conducting examination.
2.13. The independent expert shall show professionalism when conducting examination, abstain from the acts contradicting nonprofessionalism and third-party transactions.
2.14. The independent expert shall provide possibility of acceptance of service fee via bank transfer and not refuse acceptance of the corresponding payment via bank transfer.
3.1. The independent expert opinion (further - the conclusion) shall be constituted in the form specified in appendix No. 1 to these Requirements and consist of the general and special part.
3.2. In general part of the conclusion the following data shall be reflected at least:
3.2.1. number established based on Item 3.8 of these Requirements - in part "Accounting number";
3.2.2. for the independent expert-physical person - surname, name, middle name in Item 1. 1, INN - in Item 1. 2, registration address - in Item 1. 3, number of the mobile phone - in Item 1. 4, the e-mail address in the presence - in Item 1.5;
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