Scientific-legal expertise
The advantage of ordering scientific-legal expertise from LLC "IPE" lies in the ability to involve in the fulfillment of the expertise customer's task only professional experts of the scientific specialty and scientific specialization that correspond to the questions outlined in the expertise order. The expert group may simultaneously include scholars from different scientific schools and employees of various research institutions, which contributes to obtaining only an objective service result.
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Scientific-legal expertise helps to understand how to act in a complex (non-standard) situation. We examine legal norms, contractual norms, practical circumstances and provide an expert opinion of independent professional expertise in the form of conformity assessment. This is an independent expert document for use in negotiations, court, and government authorities. This is your support when it is necessary to make an important decision without risk.
Specializations of scientific-legal expertise
We organize and conduct independent professional expertise in the form of conformity assessment
This section presents the fields in which scientific-legal expertise is conducted.
Scientific-legal expertiseOf a legal or contractual norm, problems of its application
Conducted by professional experts holding a scientific degree in a scientific specialty in the field of legal sciences, providing unofficial competent interpretation through the application of specialized legal knowledge they possess, for the joint resolution of the task set by the service customer.
Organization and conduct
of scientific-legal expertise on the relevant subject of research is carried out at LLC "IPE" on the basis of an order drawn up in free form or according to a template
Order 1of scientific-legal expertise on the relevant subject of research is carried out at LLC "IPE" on the basis of an order drawn up in free form or according to a template
Algorithm for conducting scientific-legal expertise of a legal or contractual norm and problems of its application at LLC "IPE"
- Identification of the content of the norm: what rule of conduct the norm establishes;
whether it is an obligation, right, prohibition or permission. - Subjects of the norm: to whom it applies (parties to the contract, third parties, government authorities, etc.).
- Conditions of application: under what circumstances the norm comes into effect;
whether there are deadlines, events or additional requirements. - Scope of rights and obligations: what exactly is permitted, obligated or prohibited;
the limits of the exercise of rights or obligations. - Consequences of violation or fulfillment: liability, sanctions, compensation, termination of rights, etc.
- Connection with other norms: whether the norm contradicts other provisions of the law or contract;
which norm takes priority in case of conflict; - Practical interpretation: how the norm is applied in practice (court practice, business customs, market analysis, etc.).
Scientific-legal expertiseOf a material change of circumstances that the parties could not have foreseen when concluding the contract
Conducted by professional experts holding a scientific degree in the relevant scientific specialty in the field of legal sciences, through the application of specialized legal knowledge they possess, for the joint resolution of the task set by the service customer.
Organization and conduct of scientific-legal expertise on the relevant subject of research is carried out at LLC "IPE" on the basis of an order drawn up in free form or according to a template
Order 2Algorithm for conducting scientific-legal expertise of a material change of circumstances that the parties could not have foreseen when concluding the contract at LLC "IPE"
- Determination of the initial circumstances: what circumstances existed at the time of concluding the contract;
which of them the parties considered essential for achieving the purpose of the contract. - Recording the change of circumstances: what specifically the change consists of;
whether it is of an objective rather than subjective nature. - Assessment of the material change: whether the change disrupts the balance of the parties' property interests;
whether it deprives one of the parties of what it expected when concluding the contract. - Verification of unpredictability: whether the parties could reasonably have foreseen such a change;
whether it follows from normal business risk. - Assessment of causal connection: whether there is a direct connection between the change of circumstances and the impossibility or excessive burden of fulfilling the contract.
- Analysis of risk allocation: whether the risk of such a change has not been placed on the interested party by the contract or by law.
- Verification of good faith compliance: whether the party took measures to minimize the negative consequences;
whether the obligated party attempted to initiate an amendment to the contract through negotiations. - Formation of the legal conclusion: whether there are grounds for amending or terminating the contract;
which method of protection is proportionate and justified.
Scientific-legal expertiseOf circumstances for which neither party is responsible
In particular, in accordance with Article 607 of the Civil Code of Ukraine (when it is necessary to terminate an obligation due to the impossibility of its fulfillment), as well as Article 762 of the Civil Code of Ukraine (in case of the need to demand exemption from rent payment) and others. Conducted by experts holding a scientific degree in a scientific specialty in the field of legal sciences, through the application of specialized legal knowledge they possess, for the joint resolution of the task set by the service customer.
Organization and conduct of scientific-legal expertise on the relevant subject of research is carried out at LLC "IPE" on the basis of an order drawn up in free form or according to a template
Order 5Algorithm for conducting scientific-legal expertise of circumstances for which neither party to the contract is responsible at LLC "IPE"
- Determination of the nature of the circumstances: what the relevant circumstances consist of;
whether they are objective and external in relation to the parties. - Verification of the absence of fault of the parties: whether the circumstances were caused by the actions or inactions of the parties;
whether the parties acted in good faith and reasonably. - Assessment of control and influence: whether the parties could have influenced the emergence or development of the circumstances;
whether these circumstances were beyond the scope of their actual control. - Verification of extraordinariness and inevitability: whether the circumstances are such that they go beyond the normal course of events;
whether the parties could have prevented their occurrence or overcome the consequences. - Analysis of causal connection: whether it is precisely these circumstances that made the fulfillment of the obligation impossible or difficult;
whether there are no alternative means of fulfillment. - Comparison with the terms of the contract: whether the contract contains provisions regarding similar circumstances;
how the contract defines the consequences of their occurrence. - Assessment of the parties' conduct after the occurrence of the circumstances: whether timely notification of the counterparty was made;
whether measures were taken to minimize damage. - Determination of legal consequences: exemption from liability, postponement of fulfillment, termination of the obligation;
the limits and duration of such consequences. - Formation of legal conclusions: whether the circumstances can be qualified as those for which neither party is responsible;
which legal mechanisms are subject to application
Scientific-legal expertiseOf grounds for applying the negotiated procedure of public procurement
In particular, pursuant to Part 2 of Article 40 of the Law of Ukraine "On Public Procurement". Conducted by professional experts holding a scientific degree in a scientific specialty in the field of legal sciences, through the application of specialized legal knowledge they possess, for the joint resolution of the task set by the service customer.
Organization and conduct of scientific-legal expertise on the relevant subject of research is carried out at LLC "IPE" on the basis of an order drawn up in free form or according to a template
Order 3Algorithm for conducting scientific-legal expertise of grounds for applying the negotiated procurement procedure at LLC "IPE"
- Determination of the subject and need of procurement: what exactly is being procured, in what volume and for what purpose;
whether the need is real, urgent and confirmed. - Identification of the legal basis: which specific basis is provided for by Art. 40 of the Law of Ukraine "On Public Procurement";
whether the actual situation corresponds to the content of this basis. - Verification of the exclusive nature of the circumstances: whether the application of the negotiated procedure is an exception rather than a way to circumvent competition;
whether the possibility of applying open bidding is absent. - Market and alternatives analysis: whether other potential suppliers exist;
whether the absence of competition has been proven for technical, technological and/or legal reasons. - Assessment of urgency reasons (if applicable): whether there is an urgent need caused by circumstances that the customer could not have foreseen;
whether the urgency did not arise as a result of the actions or inactions of the customer. - Verification of compliance with procurement principles: fair competition, proportionality, non-discrimination, efficiency;
minimization of abuse risks. - Documentary justification: availability of confirmed documents (letters, certificates, decisions, etc.).
- Formation of final conclusions: whether there are grounds for applying the negotiated procurement procedure;
whether the chosen procurement method is justified and proportionate.
Scientific-legal expertiseOf grounds for purchasing goods (works, services) without applying the simplified procurement procedure, open bidding and/or electronic catalogue for procurement
In particular, pursuant to Part 7 of Article 3 of the Law of Ukraine "On Public Procurement", as well as during the period of the legal regime of martial law and other emergency circumstances, pursuant to subparagraph 5 of paragraph 13 of the Specifics of public procurement of goods, works and services for customers provided for by the Law of Ukraine "On Public Procurement", approved by Resolution of the Cabinet of Ministers of Ukraine dated 12.10.2022 No. 1178. Conducted by professional experts holding a scientific degree in the field of legal sciences, through the application of specialized legal knowledge they possess, for the joint resolution of the task set by the service customer
Organization and conduct of scientific-legal expertise on the relevant subject of research is carried out at LLC "IPE" on the basis of an order drawn up in free form or according to a template
Order 4Algorithm for conducting scientific-legal expertise of grounds for purchasing goods (works, services) without applying the simplified procurement procedure, open bidding and/or electronic catalogue for procurement at LLC "IPE"
- Determination of the subject and value of the purchase: what exactly is planned to be purchased (goods, works, services);
the expected value and its compliance with threshold values. - Verification of the scope: whether the purchase falls under the Law of Ukraine "On Public Procurement";
whether the subject of procurement does not belong to the exceptions from the scope of procurement legislation. - Identification of the specific legal basis: which specific provision of the law or subordinate legislation allows the purchase without procurement procedures;
whether this basis is defined and in force. - Analysis of actual circumstances: whether the actual conditions correspond to those provided for by the norm;
whether the circumstances are of an objective, confirmatory nature. - Verification of the absence of alternative procedures: whether it is truly impossible or impractical to apply simplified procurement, open bidding or electronic catalogue for procurement;
whether the chosen method is not an artificial avoidance of procedures. - Assessment of compliance with public procurement principles: efficiency and rationality of fund utilization;
good faith, proportionality, non-discrimination. - Analysis of abuse risks: splitting the subject of procurement, recurrence of similar purchases;
connection with the supplier. - Documentary confirmation: availability of letters, certificates, technical conclusions, decisions, etc.
- Formation of the final conclusion: justified;
whether the risks of control and appeal have been minimized.
Cooperation algorithm
We have a clear sequence of actions that guarantees a quality result and transparency.
You understand every step, how we work, what and when to expect.
Shown of steps
Conducted scientific-legal expertises
View real cases in which our assessment influenced the decision
Construction
and design 3 Manufacturing
and supply 12 Lending
sector 1 Public
procurement 5 Railway transport sector 1 Provision of services
and performance of works 2
and design 3 Manufacturing
and supply 12 Lending
sector 1 Public
procurement 5 Railway transport sector 1 Provision of services
and performance of works 2
Cost and terms
We agree on all conditions before the start of work in the contract and fulfill them in full without unforeseen delays.
Independent professional expertise in the form of conformity assessment is carried out within a reasonable time necessary for its conduct, taking into account the category of expert research. From 1 to 10 working days.
We fix the deadlines before the start of work
We agree on the deadline at the contract stage and never miss deadlines.
We work under the terms of the contract
All details are specified in the contract, which protects both parties.
We perform the full scope of work
We provide exactly the services that were agreed upon without any "hidden" conditions.
Compliance with agreed deadlines
We conduct expertise from 1 to 10 working days depending on complexity.
The cost of independent professional expertise in the form of conformity assessment and the terms are determined on a contractual basis
and depend on the type of expertise and the complexity of the task.
The cost and terms are formed depending on several factors:
- Categories of expertise
(standard, urgent, complex, non-complex) - Duration
normative and actual - Cost of one expert hour, determined in the established manner for the current year
- Overhead costs
of LLC "IPE", costs for paying taxes established by the legislation of Ukraine.