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The document ceased to be valid since October 17, 2014 according to the Order of the Government of the Russian Federation of October 7, 2014 No. 1017

ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of April 24, 2003 No. 238

About the organization of independent technical expertize of vehicles

According to article 12 of the Federal law "About Obligatory Civil Liability Insurance of Owners of Vehicles" Government of the Russian Federation decides:

1. Approve the enclosed Rules of the organization and conducting independent technical expertize of the vehicle in case of the solution of question of payment of insurance indemnity for the agreement of obligatory civil liability insurance of the vehicle owner.

2. Assign to the Ministry of Transport of the Russian Federation coordination of activities of executive bodies in the field of the organization of independent technical expertize of vehicles.

3. To the Ministry of Transport of the Russian Federation, the Ministry of Justice of the Russian Federation and the Ministry of Internal Affairs of the Russian Federation in accordance with the established procedure to develop and approve:

together with the Ministry of Labour and social development of the Russian Federation - conditions and procedure for professional certification of the experts-technicians performing independent technical expertize of vehicles including requirements to experts-technicians;

together with the Ministry of Education of the Russian Federation - requirements to educational programs of occupational retraining and advanced training of experts-technicians.

In case of development and approval of the specified regulatory legal acts to mean need of the broadest involvement of professional associations, unions and associations to retraining, advanced training and certification of experts-technicians.

4. Assign maintaining the state register of experts-technicians to the Ministry of Justice of the Russian Federation.

To the Ministry of Justice of the Russian Federation in coordination with the Ministry of Transport of the Russian Federation and the Ministry of Internal Affairs of the Russian Federation to approve procedure for maintaining the state register of experts-technicians.

5. To the Ministry of Transport of the Russian Federation, the Ministry of Justice of the Russian Federation and the Ministry of Internal Affairs of the Russian Federation to take measures for the organization, methodical and information support of conducting independent technical expertize of vehicles.

6. To the Ministry of Transport of the Russian Federation together with the Ministry of Justice of the Russian Federation, the Ministry of Internal Affairs of the Russian Federation and other interested executive bodies to perform the analysis and generalization of work experience in area of the organization and conducting independent technical expertize of vehicles for development of offers on further development and enhancement of the specified activities.

7. Determine that the Rules approved by Item 1 of this resolution are applied from the effective date the Federal Law "About Obligatory Civil Liability Insurance of Owners of Vehicles".

 

Russian Prime Minister

M. Kasyanov

Approved by the Order of the Government of the Russian Federation of April 24, 2003 No. 238

Rules of the organization and conducting independent technical expertize of the vehicle in case of the solution of question of payment of insurance indemnity for the agreement of obligatory civil liability insurance of the vehicle owner

1. These rules are developed in pursuance of article 12 of the Federal law "About Obligatory Civil Liability Insurance of Owners of Vehicles" (The Russian Federation Code, 2002, N 18, the Art. 1720).

2. The purpose of conducting independent technical expertize of the vehicle (further hereinafter is referred to as - examination) is establishment of the following circumstances influencing payment of insurance indemnity for the agreement of obligatory civil liability insurance of the vehicle owner:

a) availability and nature of technical damages of the vehicle;

b) origins of technical damages of the vehicle;

c) technology, amount and repair price of the vehicle.

Establishment of person which allowed the road traffic offense which entailed technical damages of the vehicle, and his fault to this violation by the purpose of conducting examination is not.

Conducting examination can be organized irrespective of the examination appointed and which is carried out according to the civil procedural, arbitral procedural, penal procedural legislation of the Russian Federation or the legislation of the Russian Federation on administrative offenses (further hereinafter is referred to as - judicial examination).

In the presence in conclusions of judicial examination of the data allowing the insurer to resolve the issues necessary for payment of insurance indemnity, expertize can not be carried out.

3. Examination will be organized and carried out concerning the vehicle of the victim or the insurer recognized by those the Federal Law "About Obligatory Civil Liability Insurance of Owners of Vehicles".

4. Conducting examination will be organized by the insurer according to Item 3 of article 12 of the Federal law "About Obligatory Civil Liability Insurance of Owners of Vehicles", and in the cases specified in item 4 of article 12 of this Federal Law, the victim.

5. For conducting examination the expert-technician or the expert organization is attracted.

The expert-technician the physical person which passed professional certification on compliance to the established requirements and entered in the state register of experts-technicians is recognized (further hereinafter is referred to as - the state register).

The procedure for holding professional certification (including requirements to the expert-technician) is established jointly by federal executive bodies to which state regulation in the field of transport, in the field of justice, in the field of internal affairs and in the field of employment relationships is assigned.

The expert organization the legal entity having in the state at least one expert-technician for whom this organization is principle place of employment and conducting examination is recognized is one of the types of activity provided in constituent (statute) documents of the specified organization.

6. The insurer (victim) independently determines the expert-technician (the expert organization) with whom signs the agreement on conducting examination. The insurer has the right to sign the agreement on expert servicing with the expert-technician (the expert organization).

7. For conducting examination the insurer (victim) files to the expert-technician (the expert organization) the written statement in which along with the offer on the conclusion of the agreement on conducting examination are specified surely:

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