ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE, FUND OF THE STATE-OWNED PROPERTY OF UKRAINE

of November 24, 2003 No. 142/5/2092

About approval of the Technique of merchandising examination and assessment of wheel vehicles

According to Art. 8 of the Law of Ukraine "About judicial examination" and Art. 9 of the Law of Ukraine "About assessment of property, property rights and professional estimative activity in Ukraine" PRIKAZYVAYEM:

1. Approve the Technique of merchandising examination and assessment of wheel vehicles which is applied.

2. To the head of department of expert ensuring justice of the Ministry of Justice of Ukraine (Golovchenko L. M.) submit this order on state registration according to the Presidential decree of Ukraine of 03.10.92 No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies" (with changes and amendments).

3. To impose control of execution of the order: in the Ministry of Justice of Ukraine - on the deputy minister of justice of Ukraine O. M. Pasenyuk, in Fund of state-owned property of Ukraine - on the vice-chairman of Fund of state-owned property of Ukraine D. M. Parfenenko.

 

Minister of Justice of Ukraine

O. V. Lavrinovich

Chairman Fonda state-owned property of Ukraine

M. V. Chechetov

Approved by the Order of the Ministry of Justice of Ukraine, Fund of state-owned property of Ukraine on November 24, 2003 No. 142/5/2092

Technique of merchandising examination and assessment of wheel vehicles

I. General provisions

1.1. This Technique is developed according to the Laws of Ukraine "About judicial examination", "About assessment of property, property rights and professional estimative activity in Ukraine", the National standard No. 1 "General bases of assessment of property and property rights" approved by the resolution of the Cabinet of Ministers of Ukraine of 10.09.2003 No. 1440, and other regulatory legal acts concerning judicial examination and property assessment.

1.2. The technique establishes the mechanism of assessment (cost determination) of wheel vehicles (further - KTS), and also requirements to registration of results of assessment, estimative procedures of cost determination of KTS. The evaluation methods provided by this Technique can be used for assessment of self-propelling landing gear, self-propelled farm, road-building and meliorative vehicles, tractors and combines on wheel landing gears if they do not contradict the provisions regulating assessment of these modes of transport.

1.3. Requirements of the Technique are obligatory during conducting automerchandising examinations and expert researches by court experts of research institutions of judicial examinations of the Ministry of Justice of Ukraine, experts of the research expert and criminalistic centers of the Ministry of Internal Affairs of Ukraine, experts of other public institutions, subjects of housekeeping which competence includes conducting judicial automerchandising examinations and expert researches, and also all subjects of estimative activities during assessment of KTS in cases, stipulated by the legislation Ukraine or contracts between subjects of the civil relations.

1.4. The technique is applied on purpose:

a) determinations of market value of KTS, them components in case of alienation;

b) determinations of the starting price of KTS for their sale at auction or for tender;

c) cost determinations of KTS as subject to pledge;

d) cost determinations of KTS as a part of property of physical persons for its declaring;

d) cost determinations of KTS for insurance by physical persons and legal entities;

e) determinations of the loss of property caused to the owner in case of damage of KTS;

e) cost determinations of restoring repair of KTS;

є) cost determinations of KTS for the decision of receivership proceeding;

g) cost determinations of the arrested confiscated or recognized by ownerless KTS their components in case of forced to their sale;

h) cost determinations of KTS constituting it which is imported on customs area of Ukraine;

i) cost determinations of the separated KTS as a part of fixed assets of legal entities;

i) in other cases in case of cost determination of the separated KTS for establishment of the amount of obligatory payments in the budget.

1.5. The technique is applied also in case:

a) determinations of year of production of KTS and it sostavlyayushchkh;

b) determinations of completeness and completeness of KTS according to the specifications and technical documentation of his producer;

c) type definitions, models, versions of KTS;

d) establishments of type, capacity and engine displacement, body type, other technical performances of KTS;

e) classifications of KTS (its components) by the Ukrainian classification of goods of foreign economic activity (DALEEUKTVED).

1.6. In this Technique the stated below concepts are used in such value:

emergency damages - any damages, except operational which feature is the mechanism of their education as a result of engagement with foreign objects, including potholes or shrinkages of road carpet on the carriageway that led to deformation or destruction and respectively to need of repair or replacement of element, or engagement with hostile environment that resulted in need of repair (replacement) of component. Events which led to emergency damages, as a rule, require informing on them the relevant state bodies according to the legislation;

the bus - KTS which on the design and the equipment is intended for public conveyance with seating capacity for sitting more than nine with driver's seat inclusive;

the car - the wheel vehicle which is set in motion by power source has at least than four wheels, is intended for movement on trackless roads and is used for transportation of people and (or) loads, towage of vehicles, accomplishment of special works;

the cargo vehicle - the car which on the design and the equipment is intended for carriage of goods;

the car - the car which on the design and indoor equipment is intended mainly for transportation of people and their baggage and in which no more than nine places for sitting inclusive with driver's seat are placed;

the automotive vehicle - KTS (the bus, cargo and passenger cars, trail car, semitrailer truck) which is used for public conveyance, loads or accomplishment of special working functions;

basic completeness of KTS - completeness of KTS of serial production without additional equipment and constructional constituents of special (additional) purpose;

the cost of normo-hour of rescue and recovery operations regional - the cost received by observations of cost values of normo-hour of rescue and recovery operations of KTS of certain model on specialized enterprises of automobile service in the region;

the size of loss of commodity cost (further - VTS) - the conditional size of decrease in market value of KTS renewed according to normative requirements after damage in comparison with market value of similar unimpaired KTS;

the version (modification) of KTS - set of road vehicles of one type which belong to one model and have no differences in such characteristics as: wheel base; weight without driver and operational liquids; weight in the equipped condition; fully loaded mass; load of each axis for fully loaded mass; engine displacement; maximum power; gearbox type, number of transfers and their gear ratios; gear ratio of the main gear; the upper and lower borders of radiuses growing numb tires for each axis; seating capacity for sitting;

KTS producer - the physical person or legal entity which is responsible for transformation of constituents in single operable whole i.e. for assembly of KTS and unambiguity of its identification number;

restoring repair (or repair) - complex of transactions concerning recovery of operability or operability of KTS or its components and recovery of their resources. Repair is performed by methods of recovery or replacement of constituents;

defect - discrepancy to requirements of the producer and (or) the legislation of the set or expected requirement concerning KTS (in particular repaired), it sostavlyayushchmkh, including discrepancy to safety requirements;

defektirovaniye - engineering procedure of estimation of technical condition of object of research after partial or complete dismantling of KTS (component) with control of parameters (characteristics) and sorting of components on groups according to degree of their suitability;

diagnosing - engineering procedure of estimation of technical condition of object of research without its complete dismantling on set of the revealed diagnostic factors with given accuracy;

economic feasibility of repair of KTS (constituent) valuation principle which provides that restoring repair of KTS (component) is reasonable only provided that the cost of restoring repair of KTS (component) increases its market value, however does not exceed it;

operational fault - damage which was formed as a result of operation of KTS and is caused by its service wear (change of initial properties) and operating conditions. The simple deformations of constituents of body, cabins which are characterized by smooth forms easily belong to operational faults give in to repair and are located in easily accessible places which arose in use KTS, pin together of varnish of the painted covering (further - LOP) on front surfaces of body, damage of LOP owing to friction with sealants. Total area of deformation (deformations) shall not exceed sq.dm 1,0. In the form of simple deformation of components of body, cabin of KTS deformations which arose from pressure of any objects or body of the person (dent from hands, from fall of hail, chestnuts and similar by the sizes and mass of objects, from small stones belong to operational faults during movement of KTS, etc.);

service wear - loss by configuration items of KTS of the initial technical characteristics, consumer properties or suitability owing to action of operating conditions and influence of the surrounding environment;

identification of KTS - establishment of compliance of characteristics, signs of certain KTS (type, model, the version, year of production, engine displacement, completeness, fully loaded mass and so forth) to data of the producer;

identification number VIN (Vehicle Identification Number) the structured combination of alphanumeric designations which are provided by KTS producer for the purpose of its identification;

the wheel vehicle - the vehicle intended for movement on trackless roads which is used for transportation of people and (or) loads, and also transportation and the drive during movement or on site the equipment installed on it or mechanisms for accomplishment of special working functions, allowed to participation in traffic. The term "wheel vehicle" extends also to machines which engines are powered direct current flow through contact network (trolleybuses);

the wheel vehicle similar - KTS, which essential signs (type, design of the drive of traction wheels, type and engine displacement, type of the gearbox and other components of the power gear, outline dimensions, the release period, completeness and so forth) similar with the corresponding signs of the evaluated KTS;

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