Expertise of industrial safety of hazardous production facilities (HIF)

You've probably had to return a product of inadequate quality to the store at least once in your life. In some cases, sellers insist on carrying out a special examination that can determine the reason for the defect in the item.

If the user himself is responsible for the defect, he will not be able to replace the product, repair it at the expense of the organization, or get his money back.

However, the expert assessment must be carried out within a certain time frame so as not to violate consumer rights.

When is expertise required?

If the product has any defect, the seller is obliged to warn the potential buyer about this, in accordance with Article 10 of the Law of the Russian Federation No. 2300-I of February 7, 1992.

Providing incomplete information about the defects of an item is grounds for returning it to the store.

Product quality examination is carried out in the following situations:

• if the store refuses to accept back an item of inadequate quality;
• if the seller insists that the defect was caused by the user;
• if there are other disagreements between the consumer and the store, transport company or manufacturing company.

According to Article 18 of Law of the Russian Federation No. 2300-I, if the buyer discovers any defect in the product during the warranty period, the examination must be carried out at the expense of the seller, the manufacturer of the product or the transport company responsible for delivering the item.

At the same time, repair work to correct identified deficiencies is carried out free of charge for the user if the defect arose through no fault of his own.

Types of examinations

Based on the goals, methods and objects, automotive technical examinations in case of road accidents are divided into types:

• analysis of the circumstances of the incident;
• technical expertise car condition;
• transport and traceological examination of traces remaining after an accident (at the place where the accident occurred, on the vehicle);
• roadway analysis;
• auto-merchandising examination (assesses the cost of the vehicle and the repairs necessary to restore the car after an accident).

Questions often arise that necessitate setting tasks for an expert. They belong to types of examinations.

It is advisable to note in the resolution on carrying out an examination of a car after an accident its name, for example, “automotive technical examination”.

How to order an examination?

Such checks of the performance and quality of the product are carried out by qualified specialists and organizations that have the appropriate license.

According to Article 173 of the Civil Code of the Russian Federation, the results of an examination conducted by a company that does not have permission to provide this type of service may be declared invalid by the court.

Initially, you need to contact the seller with a written statement. In the text, it is important to indicate the requirement to correct the defects of the item, replace the item with another one of appropriate quality, or return the money spent on the purchase.

Usually the seller himself offers to conduct an examination in order to identify the causes of defects, but the applicant also has the right to make a similar offer.

To order an independent inspection, you must:

• enter into a written agreement with the relevant organization;
• provide the expert with documents on the faulty product and the object of inspection itself.

By law, the payment of costs falls on the shoulders of the seller, manufacturer or transport company. If an organization refuses to accept a product of inadequate quality, the consumer himself may initiate the examination.

If the results of an inspection are received confirming the formation of a marriage through no fault of the user, the citizen has the right to go to court and recover from the defendant the cost of the costs incurred by him.

Did the store agree to accept the item for examination? Packaging and sealing of the faulty item and all accompanying papers must be carried out in your presence. In addition, the seller is obliged to fill out a certificate of acceptance of goods and/or a certificate of defects of the item inspected.

How to conduct an independent examination

It is necessary to follow the order of certain actions. It is worth considering them step by step.

Application for holding

The document can be drawn up in free form. There should be a header where the manager’s information and your personal information are indicated. In the center indicate the claim or statement. Next comes the main part, where you need to describe the situation, date and place, characteristics of the item and identified defects.

Be sure to name the requirements; you can select them from Article 18 of the Law “On Protection of Consumer Rights”. Terms are often specified from 10 to 15 days. In conclusion, a list of attached documents, that is, a check and a warranty card.

ATTENTION! If there is no receipt or packaging, this does not relieve the seller of responsibility and exchange or return of the item.

The transfer of goods to the store must be recorded in an act, which will indicate information about the parties, characteristics and condition of the item.

How to choose an expert center

When contacting a specialized organization, you should pay attention to its reputation. After all, the conclusion should not raise doubts. The best option is the Chamber of Commerce and Industry.

There are branches of such an institution in many cities: Moscow, St. Petersburg, Krasnodar, etc. It is also worth finding out if the experts have a friendly connection with the store. Don't rule out private centers either.

How to deliver and pick up an item

It is delivered by the store to the experts, that is, at the expense of the manufacturer or seller, in any convenient way. You can call a specialist on site. If the consumer is found to be at fault, then he will reimburse all costs. The conclusion is also provided to the buyer by the store, or he can pick it up at the expert center himself.

What are the deadlines for conducting an examination of low-quality goods?

The period of time allocated to the expert to check the functionality of the product and its compliance with the norms and requirements of the legislation of the Russian Federation directly depends on the type of item to be inspected and the requirements set forth by the buyer in a written complaint to the seller.

Thus, the terms for carrying out the examination of goods, according to Law No. 2300-I, are:

• 10 days if the user demands a refund for a defective item;
• 20 days, if the consumer wishes to exchange the product for another of appropriate quality;
• 45 days if we are talking about correcting defects of an item.

The legislation of the Russian Federation provides for a list of goods that cannot be returned to the seller or manufacturer.

We are talking about various medicines, household chemicals, furniture, transport, cosmetics and many other things. You can view the full list using Decree of the Government of the Russian Federation No. 55 of January 19, 1998.

It is worth noting that items from this list are returned to the store if they are found to have a flaw that was not the fault of the consumer. If the examination proves that the defect was caused by the buyer’s failure to comply with the operating rules, all costs for checking and transporting the object of inspection will fall on the user’s shoulders.

What is fire technical expertise

This term means an analysis of an object in order to determine the location, causes of the fire, the actions of people contributing to the start of the fire, its spread or destruction, as well as the preparation of a written report used for penalties.

Fire-technical examination is considered a private version of forensic examination.

It is regulated by:

• 640 Order of the Ministry of Emergency Situations (08/19/2005);
• Law of the Russian Federation No. 73-FZ (05/31/2001).

Purpose

The main task of the study is to determine the causes of the fire. The result of inspection and analysis of the object is the identification of the source of fire, the source, and the cause of the spread of the flame. At the customer's request, independent specialists can conduct additional research.

When is it carried out?

Fire examination.
The examination of a fire depends on how long ago the fire occurred. The less time has passed since the disaster, the greater the likelihood of reconstructing the picture of the event.

The period for conducting a fire-technical examination, depending on the complexity, is set from twenty (clause 32 of Order 640) to forty-five days.

Who conducts

According to the Law “On Fire Safety”, research and analysis of the causes of a fire have the right to be carried out not only by specialists from government agencies, but also by independent experts with the necessary qualifications (with a confirmed license issued by the regional department of the Ministry of Emergency Situations).

Independent companies also have the right to conduct fire safety assessments of buildings, structures, and enterprises.

Main questions

When conducting research it is necessary to find out:

• where the fires were located;
• what routes the fire took to spread, factors in choosing directions;
• the time during which the fire lasted,
• materials and substances caught in flames;
• belonging of burnt products to the facility;
• sources of fire, possibility of spontaneous combustion;
• serviceability of electrical, gas and other technological networks, equipment, degree of influence on the beginning and duration of the event;
• compliance with fire safety rules at the facility, operation of warning systems, fire extinguishing;
• as a result of which the fire appeared - man-made influence or human factor.

Time limits for examination of a product that is technically complex

Technically complex things include devices that have a well-thought-out internal design. Their complete list is recorded in Decree of the Government of the Russian Federation No. 924 of November 10, 2011. It is extremely difficult to determine the presence of defects in such a product visually or when checking in a store, since the defects are usually hidden.

You can return such a device to the store if the item is found to have significant defects. The terms for carrying out the examination of goods of inadequate quality are equal to those described above.

For an item to be accepted by an organization, all of the following conditions must be met:

• the product is still under warranty (if less than 15 days have passed since the date of purchase, returning an item of inadequate quality will not be difficult);
• the item has significant flaws.

Did the product break down more than once, and the total repair time was more than 30 days per year? Such an item can also be returned to the store in exchange for issuing a new one or providing the purchase price.

Types of fire-technical examination

The initiators of the inspection can be the owners of the affected property, victims, an investigator or a court. There is no clear indication in legislative acts of cases in which an examination is required.

Checks are classified depending on different parameters.

To determine the cause of the fire

Investigations of an object can be carried out three or more times:

1. Primary analysis is mandatory for all fires that have occurred. This is usually a standard examination after a fire.
2. If there is insufficient evidence in an open investigative case, an additional inspection may be ordered. As a rule, it is carried out by the expert who gave the primary opinion.
3. If doubt arises during the trial or preparation for it, the judge may order a re-examination. As a rule, it is carried out with the help of a new independent expert or group of professionals.

The special knowledge of the person conducting the research must be supported by documents. Before appearing in court, he is warned about liability for giving false testimony. The issued conclusion is attached to the evidence during the consideration of the case.

By number of experts

Examination after the fire.
Depending on the area burned in the fire, the equipment at the site, and the victims of the disaster, any number of specialists from different technical fields can be involved in the assessment of event factors.

Classification by the number of experts distinguishes three groups:

1. When conducting an examination by one specialist - individually.
2. If several people of the same professional orientation are requested for an assessment - a commission.
3. If it is necessary to analyze data from different technical fields, experts with the required specializations are invited. For example, if a car burns down, the study is carried out by an auto mechanic and a fire-technical professional to fully analyze the parameters of the fire. This group is called complex.

Features of the return of food products

Warranty car repairs: terms, guarantees, documents for registration. Tablet warranty repair - .

Violation of warranty repair terms - .

Food products must be returned to the store if they are of inadequate quality. According to Russian legislation, high-quality goods will not be accepted by the seller.

Based on Article 503 of the Civil Code of the Russian Federation, even if the buyer managed to partially use the product, the store is obliged to return the money spent on the purchase in full.

The seller refused to exchange low-quality products or return their cost? If you are convinced of the low quality of the product, contact the Rospotrebnadzor technical department with it and a receipt confirming the fact of purchase.

Employees of the authority will check the goods free of charge as soon as possible and bring the violator to justice.

Carrying out a forensic examination of a vehicle

The purpose of a forensic auto examination is to identify the technical condition of a car, establish the circumstances and a complete picture of the accident.

Only experts with licenses and permits are trusted to conduct forensic examinations. The basis for it is a court ruling, which specifies questions for the expert. The timing and features of its implementation are important. The court makes a decision based on the results obtained.

A forensic examination of a car is ordered by the court in cases where the provided expert opinion from an independent examination is incomplete. And also when the case materials contain two conclusions with opposite conclusions.

Subject of auto examination research:

• technical condition of the vehicle, as well as assemblies of vehicle parts and components;
• the reasons why any component or unit of the car failed;
• the quality of previously performed vehicle maintenance or repairs;
• establishing the causes and circumstances that resulted in damage to the vehicle (this could be an accident);
• determination of the cost of restoration and defects of vehicles, etc.

The final list of questions and the candidacy of an expert to conduct a forensic auto examination is determined by the court.

A forensic examination is necessary when disputes arise between a person injured in an accident and an insurer. The judge makes the decision to conduct it at his own discretion, or in the presence of a corresponding request from the procedural parties and legal grounds for this.

How much does it cost to have a car examined after an accident?

Everything is clear from the law: a car examination is carried out in order to establish the circumstances of a traffic accident and assess the damage caused to the vehicle. But how much will you have to pay to carry it out? I would like to note that the legislator does not set a certain cost for an automotive technical examination, and therefore the expert himself sets the cost of the work, taking into account the type of vehicle and the degree of its damage. The only thing that the legislator saw was that in the matter of pricing it is not allowed to base the valuation value on the final cost of the damaged car.

So, dear car enthusiasts, unfortunately or fortunately for you, the cost of a car inspection varies. The price depends entirely on the organization where you want to carry out the car assessment procedure.

Cases when it is impossible to conduct an examination of the age of documents

Despite the extensive list of research methods and the rapid development of modern technologies, in some cases it is still impossible to establish how long ago the controversial document was created. This may be due to the circumstances of the document’s production, the conditions of its storage, and the specific properties of the materials used to create the document. Unfortunately, an examination of how long ago documents were created is not feasible in the following situations:

• late provision of documents for research. After a certain time, all volatile fractions of writing compositions, inks and paints evaporate, as a result of which it becomes impossible to extract information about how long ago they were applied;
• lack of a sufficient number of samples for comparative analysis. If a single document is provided for analysis, the initiator of the examination does not have other documents for comparison, and there are no suitable copies in the sample archive;
• improper condition of the document. If, as a result of improper storage or intentional damage, the document is significantly modified. If the original characteristics of the document are lost. Dirty, faded, brittle, or moldy documents are not subject to examination to determine the statute of limitations.

Methods for conducting an examination of how old documents were created

The methods for conducting an examination of the age of documents largely coincide with the methods of technical examination of documents, but they differ in the application procedure.

1. Organoleptic methods. They allow you to analyze and evaluate the qualities of environmental objects based on data obtained through the senses (vision, smell, hearing, taste and touch). Organoleptic methods allow you to visually evaluate many characteristics of the document under study - color, gloss, texture of the material, etc.
2. Microscopic methods. They are used mainly to determine the order in which inscriptions and stamps are applied.
3. Photographic methods. Advances in technology allow photographic techniques to be used in almost all areas of forensic science. Special types of photography (color separation photography, reproduction photography, macro photography, ultraviolet and infrared photography, etc.) are widely used to determine the age of documents.
4. Chemical methods. They allow you to analyze the composition of writing and coloring substances, determine the basic properties of substances and predict changes in properties over time.
5. Chromatography methods. Determine the dynamics of the evaporation processes of organic solvents in the composition of writing substances, printer inks or stamp inks.
6. Spectrographic methods. Designed to determine the composition of writing substances and inks, as well as to determine the presence of certain impurities in them, which are the basis for drawing certain conclusions.
7. Methods based on the use of modern information technologies. Computer document analysis systems are also widely used in these types of studies.

In what cases is a construction and technical examination or forensic examination of a house necessary?

Work is carried out in the following cases: 1. If necessary, document the technical condition of buildings, wear and tear of structures, building structures, internal utility networks and equipment, external utility networks (including for the court); 2. If necessary, establish and record the quality of completed (in progress) construction, installation, insulation and finishing work (including for the court); 3. If necessary, determine the physical wear and tear of the building, building structures, internal utility networks and equipment, external utility networks (including for the court) and record its value; 4. If necessary, determine and record the quality of the work performed (in progress) on the development of design and working documentation (including for the court); 5. If necessary, record the volume and determine the cost of completed, uncompleted, poorly performed (performed) construction and installation, insulation, finishing, as well as design work (including for the court); 6. If necessary, determine the degree, volume and cost of damage caused during fires, floods, natural disasters, etc. (including for the court) 7. If necessary, perform reviews of the conclusions and reports of other organizations and persons (including for the court) ; 8. When demolishing a building; etc.

Legal support for the examination of the limitation period for the creation of a document

Article 41 of the Federal Law of May 31, 2001 No. 73-FZ “On state forensic activity in the Russian Federation”, which states that forensic examination can be carried out not only by experts in state forensic organizations, but also by other persons with specialized knowledge in the relevant field.

Article 292 of the Criminal Code of the Russian Federation establishes the liability of officials for committing forgery of documents, including by making changes to prepared documents that do not correspond to the truth.

Article 327 of the Criminal Code of the Russian Federation prescribes liability for forgery, production or sale of documents. Liability may also arise for using a deliberately false document.