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LAW OF THE REPUBLIC OF ARMENIA

of April 22, 2015 No. ZR-23

About scientific and scientific and technical examination

Accepted by National Assembly of the Republic of Armenia on April 7, 2015

(as amended of the Law of the Republic of Armenia of 29.03.2018 No. ZR-244)
Article 1. Subject of regulation of the Law

1. This Law regulates legal and organizational basis of scientific and scientific and technical examination, legal relations of the subjects participating in process of examination and responsibility for offenses.

Article 2. The basic concepts used in the Law

1. The basic concepts used in the Law:

1) scientific and scientific and technical examination (further - examination) – the activities performed for the purpose of research, the analysis and estimation of object of examination at the scientific and (or) scientific and technical level, and also preparation of the reasonable conclusion for decision making about this object

2) object of examination – scientific and (or) scientific and technical result or experimental development at different stages of its creation and implementation,

3) the subject of examination – the physical person or legal entity performing functions of the customer, the organizer or the contractor of examination

4) the customer of examination - the physical person or legal entity which undertook examination

5) the organizer of examination – the legal entity performing expert activities

6) the expert – the physical person having the corresponding qualification and performing research, the analysis and estimation of object of examination

7) the independent expert – the expert who for conducting examination does not represent the interests of any organization,

8) the scientific and scientific and technical expert opinion (further - the expert opinion) – the document reflecting results of research of object of examination and containing the answers delivered before examination

9) authorized body – the state authorized body of the Government of the Republic of Armenia in the field of expert activities.

Article 3. Main objectives of examination

1. The main objectives of examination are:

1) complex studying of object of examination and preparation and provision of the reasonable expert opinion,

2) in case of implementation of object of examination check of its compliance to regulations and requirements of the legislation of the Republic of Armenia,

3) estimation of object of examination at the scientific and (or) scientific and technical level and in case of its implementation also the forecast scientific and technical, social, economic, ecological, financial and consequence in law.

Article 4. Basic principles of examination

1. The basic principles of examination are:

1) impartiality of expert estimation,

2) responsibility for justification, integrity and reliability of the expert opinion,

3) independence of subjects of examination,

4) organization and methodological security of expert activities,

5) uchteniye of modern level of the world scientific and scientific and technical progress, regulations and rules of technical and ecological safety,

6) high professional level of experts,

7) legal protection of experts, including, from the prosecutions connected with fulfillment of duties of the expert.

Article 5. Forms and types of examination

1. Examination forms:

1) state examination – the examination performed on initiative and the order of state bodies of management and local self-government

2) public examination - the examination performed on initiative and the order of public organizations and (or) associations in any scientific and scientific and technical sphere requiring need of uchteniye of public opinion

3) professional examination - the examination performed on initiative and the order of physical persons and legal entities for the purpose of receipt of the expert opinion on specific problems of scientific and scientific and technical activities.

2. Examination types:

1) preliminary expert examination – check of compliance of object of examination to the established technical and environmental standards and safety rules,

2) the main examination – implementation of measures, stipulated by the legislation the Republic of Armenia for preparation of the reasonable expert opinion on object of examination,

3) repeated examination – the examination performed upon the demand of the customer of examination or the author of object in case of violation of requirements and rules of implementation of the main examination or reasonable objections to the expert opinion or the examination performed in case of disagreement of the customer of examination with the expert opinion (wholly or partially) on its initiative and the order,

4) additional examination – the examination caused by detection by the customer of examination of new scientific and scientific and technical circumstances about object of examination or discrepancy of the main and repeated examinations or loss of force of the expert opinion.

3. Preliminary expert examination is performed by the customer of examination by means of the specialized divisions or by involvement of independent experts.

4. The main, repeated and additional examination is performed by legal entities, according to the requirements established by Items 2 and 3 of part of 1 Article 5, articles 7 and 10 of this law.

Article 6. Objects of obligatory examination

1. Objects of obligatory examination are:

1) projects, programs, experimental developments, technologies, and also other results of scientific and scientific and technical activities which are subject to financing or financed from the government budget of the Republic of Armenia or from the foundations which are set up by the Republic of Armenia or community or with their participation

2) object of examination concerning which there was need to receive the reasonable expert opinion about what the recommendation for its acceptance, implementation, financing and feasibility of distribution is issued.

Article 7. Rights and obligations of participants of examination

1. Basic rights of the customer of examination:

1) decision making about conducting preliminary, main, repeated or additional expert examination,

2) the choice of the organizer of examination, including, using method of electronic or computer draw,

3) conclusion of the contract with the organizer of examination or expert,

4) submission of offers to the organizer of examination about replacement of experts,

5) receipt of information from the organizer of examination on the course of conducting examination and representation of explanations, notes, recommendations at all stages of examination,

6) ownership of results of examination by the property right if the agreement of the organization of examination does not provide other.

2. The customer of examination has also other rights established by this law and other legal acts.

3. Fundamental obligations of the customer of examination are:

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