Independent professional expertise in the form of conformity assessment that assists competent persons in making lawful decisions

The expert opinion of independent professional expertise in the form of a conformity assessment is a private order of the expertise client, prepared by professional experts taking into account the actual circumstances reported in the order by the expertise client and the documents provided by them in confirmation of such circumstances.

The expert opinion of independent professional expertise is created under controlled conditions that comply with the requirements of: DSTU EN ISO/IEC 17020:2019 (EN ISO/IEC 17020:2012, IDT; ISO/IEC 17020:2012, IDT) link to documents page ISO 9001:2015, IDT (DSTU ISO 9001:2015); ISO 37001:2016, IDT (DSTU ISO 37001:2018); DSTU ISO/IEC 27001:2023 (ISO/IEC 27001:2022, IDT) link to documents page of the technical specifications of LLC «NFE», registered with the standardization authorities link to documents page.

The results of independent professional expertise in the form of a conformity assessment are confidential, relate exclusively to the object and subject of the study in accordance with the order, and may not be reproduced other than in the full scope of the Expert Opinion. The dissemination or use of the results of independent professional expertise in the form of a conformity assessment obtained under a specific order in relation to other similar circumstances for which no study was conducted is inadmissible.

The expert opinion of independent professional expertise in the form of a conformity assessment is valid from the date of its issuance until the occurrence of the relevant circumstances for which the study was conducted or the realization of the purpose for which it was ordered. If such an Expert Opinion has not been utilized within 12 months from the date of its issuance and exclusively in relation to the object and subject of the study, it shall lose its validity. Depending on the circumstances under study, the duration of validity of the Expert Opinion may be specified in greater detail.

The expert opinion of independent professional expertise in the form of a conformity assessment as a legal document is an expert scientific study in which, on the basis of specialized legal and/or special knowledge, the conformity of the circumstances of the emergence and development of legal relations and their consequences, as reported by the expertise client and which served as the basis for their application to LLC «NFE», has been established.

The expert opinion of independent professional expertise in the form of a conformity assessment, in accordance with Article 15 of the Law of Ukraine "On Copyright and Related Rights", is an object of copyright created to order and is the result of the intellectual activity of professional experts. It is unique and individual with respect to the relevant circumstances examined by them and substantiated in the conclusions drawn.

Personal non-property rights to the expert opinion of independent professional expertise in the form of a conformity assessment, provided for by Articles 423 and 438 of the Civil Code of Ukraine, in particular the right to recognition of authorship, the right to prevent any encroachment on intellectual property rights that may harm the honor or reputation of the author, in accordance with Article 15 of the Law of Ukraine "On Copyright and Related Rights", relate to:

• the external form and structure of the expert opinion, developed for the purpose of unifying the presentation of the results of independent professional expertise in the form of a conformity assessment, and belong to LLC «IPE».
• of the results of independent professional expertise in the form of a conformity assessment, set out in the Expert Opinion, which belong jointly to the experts through whose creative work they were created.

Property rights to the expert opinion of independent professional expertise in the form of a conformity assessment, provided for by Article 440 of the Civil Code of Ukraine, in particular the right to use, the exclusive right to authorize use, the right to prevent unauthorized use, including the right to prohibit such use, as well as other rights defined by Article 15 of the Law of Ukraine "On Copyright and Related Rights", are transferred to the expertise client in full from the moment of creation of the expert opinion, namely from the date indicated in the expert opinion as the date of registration of the outgoing document at LLC «NFE», which coincides with the date of signing of the Service Delivery Act under the order of the expertise client.

The expertise client bears the burden of responsibility for the accuracy of the documents provided and the information reported by them.

The expertise organizer bears legal responsibility to the expertise client for the proper fulfillment of professional duties regarding the organization and conduct of independent professional expertise in the form of a conformity assessment in accordance with the terms of the service agreement concluded with the expertise client.
Protection of the property interests of third parties, including the expertise client, in the event of harm caused by LLC «IPE» in the course of fulfilling its professional duties is covered by a professional liability insurance agreement.

The professional expert of independent professional expertise in the form of a conformity assessment bears legal responsibility for untimely, improper or unlawful conduct of the expertise and for failure to fulfill the terms of the service agreement concluded with LLC «NFE».
The professional expert in the conclusions of independent professional expertise in the form of a conformity assessment takes into account the following conditions:

• circumstances confirmed by relevant legal documents, which serve as the basis for substantiating the results of the expertise, are deemed to be reliable;
• the expert opinion must be logical, consistent and substantiated.