About the service
Conformity assessment (independent professional expertise) – the process of proving the comprehensiveness, completeness and objectivity in the emergence and development of legal relations in various areas of activity, which were notified by the customer and became the basis for his appeal to LLC "NFE", and investigated on his behalf by professional experts consisting of at least three, using specialized legal and/or special knowledge that they possess in their scientific specialty and scientific specialization, with their provision, based on the results of joint research, of conclusions and justifications obtained through research scientific procedures, in the form of an Expert Opinion (hereinafter referred to as the service).
The purpose of the service is to assist legal entities and individuals in exercising their rights and interests in practice within the legal framework by proving the causal links between events that have already occurred and their possible consequences.
The result of the provided service expert opinion, which is prepared under controlled
conditions in accordance with the requirements: DSTU EN ISO/IEC 17020:2019 (EN ISO/IEC 17020:2012, IDT;
ISO/IEC 17020:2012, IDT) - Inspection body management system; ISO 9001:2015, IDT (DSTU ISO 9001:2015) -
Quality management systems; ISO 37001:2016, IDT (DSTU ISO 37001:2018) - Anti-corruption management systems;
DSTU ISO/IEC 27001:2023 (ISO/IEC 27001:2022, IDT) - Information security management systems; technical
conditions of LLC "IPE", drawn up on the letterhead of LLC "IPE", signed by the professional experts who
compiled it, numbered, stitched and sealed, and on the back of the last sheet - certified by the inspector's
stamp "Certified" and the seal of LLC "IPE".
An expert opinion on conformity assessment (independent professional expertise), in accordance with Article
15 of the Law of Ukraine ‘On Copyright and Related Rights’, is subject to copyright, created at the request
of the customer of the expertise, and as a legal document represents an expert scientific study proving the
conformity in the emergence and development of legal relations and their consequences, which were reported
by the customer of the examination and became the basis for his appeal to IPE LLC, through the application
of specialised legal and/or special knowledge.
The expert opinion on conformity assessment (independent professional expertise) is valid from the date of
its publication and until the occurrence of the relevant circumstances for which the study was conducted or
the realisation of the purpose for which it was commissioned. If such an expert opinion is not implemented
within 12 months from the date of its publication and exclusively to the object and subject of the study, it
loses its validity. Depending on the circumstances under investigation, the duration of the validity of the
expert opinion may be specified in detail.
The results of conformity assessment (independent professional expertise) are confidential, relate
exclusively to the object and subject of the study as specified in the order, and cannot be reproduced other
than in the full text of the Expert Opinion. The dissemination or use of the results of conformity
assessment (independent professional expertise) obtained under the relevant order to other similar
circumstances for which no research has been conducted is unacceptable. The expert opinion on conformity
assessment (independent professional expertise) is the result of the intellectual activity of professional
experts and is unique and individual to the relevant circumstances that they have investigated and
substantiated in their conclusions.
The expert opinion is provided to the customer to allow the competent person to make a corresponding decision in case of need for this purpose specialized legal and/or special knowledge.
The expert opinion on conformity assessment (independent professional expertise) is a private order of the
customer of the expertise, prepared by professional experts taking into account the actual circumstances
reported in the expertise ordered by the customer and the documents provided by him to confirm such
circumstances. The customer of the expertise bears the burden of responsibility for the authenticity of the
documents provided and the information reported by him.
The organiser of the expert assessment is legally responsible to the customer for the proper performance of
their professional duties in organising and conducting the conformity assessment (independent expert
assessment) in accordance with the terms of the service agreement concluded with the customer.
A professional expert of conformity assessment (independent professional expertise) bears legal
responsibility for untimely, poor-quality and unlawful conduct of the expertise, failure to fulfill the
terms of the contract for the provision of services concluded between him and LLC "IPE". In the conclusions
of conformity assessment (independent professional expertise), the professional expert takes into account
the following conditions:
1) the circumstances that are confirmed by the relevant legal documents on the basis of which its results
are justified, are reliable;
2) the expert conclusion must be logical and correct.
Protection of property interests of third parties, including: the customer of the expertise, in the event of
damage caused to LLC "IPE" while performing its professional duties, is additionally ensured by a
professional liability insurance contract.
Personal non-property rights
Personal non-property rights to the results of conformity assessment (independent professional expertise) provided for in Articles 423 and 438 of the Civil Code of Ukraine (the right to be recognised as authors, the right to prevent any infringement of intellectual property rights that could cause damage, honour or reputation of the author, etc.), in accordance with Article 15 of the Law of Ukraine ‘On Copyright and Related Rights’, namely:
(1) the external form of the Expert Opinion, which was developed to standardise the presentation of the results of the service, belongs to IPE LLC;
(2) the results of the expert study set out in the Expert Opinion belong to the professional expert (professional experts) whose creative work created them.
Property rights
Property rights to the results of conformity assessment (independent professional expertise), provided for by Article 440 of the Civil Code of Ukraine (right to use; exclusive right to permit use; right to prevent unlawful use, including prohibiting such use, etc.), in accordance with Article 15 of the Law of Ukraine "On Copyright and Related Rights", are transferred to the customer of the expertise in full from the moment of creation of the Expert Opinion, namely: from the date specified in the Expert Opinion as the date of registration of the original document in LLC "IPE", which coincides with the date of signing the Act on the provision of services at the request of the customer of the expertise.
Independent professional expertise of LLC “IPE” is performing based on a service agreement concluded between the customer and LLC “IPE”.
Expert opinion is used for:
Obtaining a professional point of view in situations where there is no clear regulation in contracts and legislative documents.
Proving to counterparties the correctness of their legal position and resolve the issue through a pre-trial settlement.
Risk assessments before making strategic and managerial decisions, reducing the risk of making critical mistakes.
Initiation of termination of the obligation due to the impossibility of its fulfillment, or due to special circumstances for which neither party is responsible.
Obtaining a justification for a significant change in circumstances that the parties could not foresee when concluding the contract. And on this basis to negotiate with the contractors.
Also, might be used to save money, time, and business reputation in unusual situations that require the involvement of an external expert.
Checking your legal position before going to court if your rights are violated. Or get additional arguments
when considering the issue in court.
Submitting a scientific opinion to the court as evidence of the objectivity of the grounds for the claims is considered a reasoned written explanation by the party (Resolution of the Joint Chamber of the Commercial Court of Cassation of the Supreme Court dated 03.11.2023 in case No. 918/686/21).
Cost of expertise
The cost of conformity assessment (independent professional expertise) is determined on a contractual basis. It is formed depending on several factors:
- categories of expertise (ordinary, urgent, complex, simple)
- the cost of one expert hour, determined in the prescribed manner for the current year
- the regulatory and actual duration of expertise
- overhead costs of LLC "IPE", costs for payment of taxes according to the legislation of Ukraine
Duration of expertise
Conformity assessment (independent professional expertise) is carried out within a reasonable period of time necessary for its conduct, taking into account the category of expert examination. From 1 to 10 working days.
Algorithm of cooperation with clients
Placing order
The customer's representative places an order for the service of LLC “IPE” by e-mailing to nfe@nfe.org.ua or sending it in paper form.
Order registration and identification of experts
In accordance with the task outlined in the order, the experts are identified among those who have a degree in the relevant scientific specialty and specialized legal and/or special knowledge.
Establishing contractual relationship
After clarifying all details, agreeing on the price and terms of service, we enter into an agreement.
Expert research
We set tasks for experts and coordinate their execution. The materials received from the experts are summarized by preparing a draft expert opinion.
Issuance of expert opinion
The signed and executed expert opinion is issued to the customer together with the act of delivery-acceptance and a package of documents.
Tracking the practical application of our expertise
We periodically receive information from customers about how our expert opinions have been applied. Monitoring what problems and tasks were solved with their help. We prepare scientific publications based on research.
