| Romanovska L.А., Candidate of Law, Director, Chief Research Fellow in the field of jurisprudence at IPE LLC, https://orcid.org/0009-0004-6306-6936 Problems of protecting the rights of different segments of the population under martial law: materials of the round table (Kyiv, May 22, 2023) / edited by R. B. Shyshka, V. S. Kucheryavenko. – Kyiv: “Lyudmila Publishing House”, 2023. 128 p. (p. 41-45). |
Generalised theses.
A practical problem has been outlined, the solution of which will strengthen the mechanism for protecting contractual relations under martial law.
In our opinion, the legislation should define the requirements for an institution (enterprise, organization) authorized to provide an expert opinion of an independent professional examination for the parties to the contractual relationship to make a corresponding decision. First, such an expert institution (enterprise, organization) according to the statute must have the authority to organize and conduct an independent professional examination in the relevant area. The presence of such a requirement is also emphasized in part five of Article 4 and Article 12 of the Law of Ukraine “On Scientific and Scientific and Technical Examination”. Secondly, professional experts should be only persons who have a doctorate or candidate of sciences degree. Thirdly, the expert opinion must be created in controlled conditions established by the requirements of international standards, namely: ISO 9001:2015 (DSTU ISO 9001:2015) – Quality management systems, ISO 37001:2016 (DSTU ISO 37001:2018) – Anti-corruption management systems, ISO 27001:2013 (DSTU ISO 27001:2015) – Information security management systems, EN ISO/IEC 17020:2012 (DSTU EN ISO/IEC 17020:2019) – Inspection body management systems. Fourthly, the expert institution (enterprise, organization) must have a voluntary professional liability insurance contract in case of damage caused by the expert opinion to a third party.
