About the service
Independent professional expertise is an expert study of the actual circumstances of the business of a customer who needs specialized legal and/or special knowledge by determination of cause-effect relationships of the events that have already occurred and their possible consequences.
The purpose of the service is to form a professional point of view based on the results of expert research of the actual circumstances in the customer's business. It is executed by the experts of different scientific specialties in various fields of science within applying specialized legal and/or special knowledge, which they use for the joint solution of the customer's task.
The result of the provided service is an expert opinion drawn up on the letterhead of the LLC “IPE”, signed by the expert (experts) who prepared it, stitched and numbered, certified by the signature of the director and the seal of the LLC “IPE”. Depending on subject of the research in the relevant field of scientific and scientific-technical activities, expert opinions are issued as complex scientific opinions, scientific and legal opinions, scientific and technical opinion, and others.
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 is a private order of the customer, is executed considering the factual circumstances, provided by the customer in the order and in provided documents which confirm such circumstances. The customer is responsible for the accuracy of the provided documents and information.
Personal non-property rights
Personal non-property rights to the form of expert opinion, which designed to unify the results of independent professional expertise, belong to the LLC "IPE"; the results of the expert research, outlined in the expert opinion belong to the expert (experts) involved in its creation, namely: the right to be recognized as the authors, the right to prevent any encroachment on intellectual property rights that could harm honor or reputation of the author, and other rights provided by the legislation of Ukraine (Article 438 of the Civil Code of Ukraine).
Property rights to the results of expert research, outlined in the expert opinion belong to the customer of the service, namely: the right to use; exclusive right to allow use; the right to prevent misuse, including the prohibition of such use, and other rights provided by the legislation of Ukraine (Article 440 of the Civil Code of Ukraine).
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.
Checking your legal position before going to court if your rights are violated. Or get additional arguments when considering the issue in court.
Also, might be used to save money, time, and business reputation in unusual situations that require the involvement of an external expert.
Cost of expertise
The cost of 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
The expertise shall be executed within a reasonable timeframe, which is necessary for its conduction, considering the category of expert research. From 1 to 10 working days.
Algorithm of cooperation with clients
The customer's representative places an order for the service of LLC “IPE” by e-mailing to firstname.lastname@example.org 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.
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.