of February 2, 2016 No. 8
About approval of the Instruction about procedure for carrying out on paid basis of examinations according to addresses of citizens, including individual entrepreneurs, and legal entities
Based on paragraphs of the seventh and thirteenth of article 11 of the Law of the Republic of Belarus of July 15, 2015 "About the State committee of judicial examinations of the Republic of Belarus" the State committee of judicial examinations of the Republic of Belarus DECIDES:
2. Declare invalid the resolution of the State committee of judicial examinations of the Republic of Belarus of August 29, 2014 No. 12 "About approval of the Instruction about procedure for carrying out researches on paid basis on addresses of citizens, including individual entrepreneurs, and legal entities" (The national legal Internet portal of the Republic of Belarus, 30.09.2014, 7/2923).
Chairman major general of justice
Approved by the Resolution of the State committee of judicial examinations of the Republic of Belarus of February 2, 2016 No. 8
1. This Instruction determines procedure for carrying out on paid basis of examinations by addresses of citizens, including individual entrepreneurs, and legal entities in central office and territorial authorities of the State committee of judicial examinations of the Republic of Belarus (further - bodies of the State committee of judicial examinations).
2. For the purposes of this Instruction the following terms and their determinations are applied:
the customer - physical person, including the individual entrepreneur, the legal entity who addressed to body of the State committee of judicial examinations behind conducting examinations;
examination - process of the decision by the court expert of the questions raised by the customer on the provided objects with use of special knowledge in the field of science, art, the equipment or other fields of activity;
complex examination - the expertize which is carried out by court experts of various specialties in cases when knowledge of different industries of knowledge or different scientific disciplines within one industry of knowledge are necessary for carrying out expert researches.
3. For conducting examination the customer personally or through the representative addresses to body of the State committee of judicial examinations where information is provided to it:
about the list of the expertizes which are carried out on paid basis;
about the cost and payment procedure of examinations;
about working hours of body of the State committee of judicial examinations.
4. Expertizes on paid basis are carried out based on the agreement signed in simple written form between body of the State committee of judicial examinations and the customer (further - the agreement).
5. The agreement shall contain the following essential conditions:
examination type, the name and quantity of the objects provided for conducting examination;
the list of the resolved issues;
cost of conducting examination;
procedure of payments for conducting examination;
term of conducting examination;
the rights and obligations, responsibility of the parties under the agreement.
6. The cost of conducting examination consists it (consists) of costs for conducting examination, and also the profitability calculated percentage of the cost of works and is determined in the agreement.
7. When conducting complex examination its cost is determined by summing of cost of carrying out separate expert researches.
In case of conducting examination concerning several objects its cost is determined by summing of cost of carrying out expert research of each object.
8. If completion of examination on the questions posed requires carrying out additional expert researches, the body of the State committee of judicial examinations in time established in the agreement informs on it the customer and tells him rough cost of additional expert researches.
Further conducting examination is performed with the consent of the customer after signing of the supplementary agreement by the parties to the agreement signed earlier.
9. Results of examination are drawn up by experimental testimony (as a rule, without registration of illustrative material).
In experimental testimony are specified:
the list of the objects provided for examination;
the used methods of expert research (briefly);
questions posed and answers to them;
surname and initials of the court expert who was carrying out expertize.
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