23.2. Expertise of goods: subjects and requirements to experts
Commodity expertise is conducted by organizations that have departmental subordination to federal agencies and ministries, as well as autonomous non-profit and public organizations, experts on an individual basis.
Customers of commodity examination are individuals, for example, buyers or consumers of goods, legal entities interested in information about the properties and characteristics of goods and consignments, the causes and consequences of certain phenomena, etc.
According to the general rule of examination, conducted in the official order, appointed representatives of government control or supervision, the heads of the customs or tax service, the judiciary, etc.
Typically, expert organizations offer services that include several types of activities: commodity examination (for example, commodity quality and quantity), valuation (for example, damage), advisory services for document processing (for example, when crossing a customs border or commodity - accompanying documents), assessment of the compliance of the goods with safety requirements in the framework of compulsory or voluntary certification.
The court, as a rule, recognizes the results of examinations that are carried out by organizations that have a license and accreditation.
The certificate of accreditation of the expert organization is issued if the institution meets the established requirements. For individual researches and activities in each specific case, there are individual requirements for equipping with technical and measuring means, application of research methods, data bank, reference and working control samples, premises and workplaces, qualified specialists, normative and technical documents and documents regulating the activities of the organization for conducting expert examinations, safety rules and measures to ensure the protection of the objects under study, ownership and confidentiality of information, etc.
Expert organizations should be independent of individuals and organizations interested in the results of the examination. Obligatory conditions of this are:
- the absence of joint commercial interests with suppliers or consumers of the products under investigation;
- the lack of economic activity in the development or manufacture of the products under study;
- independence of experts from the administration interested in carrying out the expertise.
The accreditation of an expert organization attests to the official recognition of its material and technical capabilities, technological and legal competence in conducting examination of goods or certain types of tests for compliance with regulatory and technical documents, as well as on the independence of these organizations.
The organization conducting the expert examination may be accredited for a program (for example, "Moscow Quality"), or only for technical compliance with the examination for specific types of products, or for individual types of tests for compliance with regulatory and technical documents .
The direct executors of the expertise, its subjects are experts (from the Latin expertus - knowledgeable, knowledgeable, experienced).
At the present time, by no legislative document the term expert indefined. As a rule, an expert is called a highly qualified specialist with special knowledge in a certain field, professional skills and experience; who has the right to conduct an expert examination; working in expert institutions; who has a special permit (license) for expert activities.
Professor SA Vilkova proposes the following definition: "Expert is an independent highly qualified specialist with special knowledge, involved by an interested or appointed official to draw judgments on the issues raised in the form of an expert opinion" on the basis of theoretical knowledge and practical experience. "
An expert is involved by an interested person or appointed by an official to conduct a study on the basis of theoretical knowledge and practical experience of judgments on the issues raised in the form of an expert opinion. The legislation defines the grounds and conditions for examinations, the rights and duties of the expert, which differ somewhat depending on the type of examination.
The general basic requirements for experts are:
- Basic vocational education;
- professional knowledge (market conditions of the goods under investigation, requirements of national standards and regulations, methodological, organizational, technological, legal issues of expertise);
- Possession of methods and methods of examination;
- possession of normal color perception, sufficient visual acuity, normal physical condition during examination, balance, concentration, mobility, elasticity of attention, etc.
For example, experts who determine the quality of food products can undergo a special selection based on testing. In the testing process, the color-determining, olfactory, taste sensitivity of the tasters is established, the ability to reproduce the results. Particular attention is paid to the testing of olfactory and taste sensitivity (threshold of qualitative and quantitative detection, reproducibility of evaluations, sensory memory, etc.).
Directly commodity expert examination presupposes that a commodity expert has an education and special training received in an educational institution of higher professional education, specializing in "Commodity research and examination of goods"; and additional advanced training courses for special programs.
The responsibility of the subjects of the examination implies the responsibility of the expert for his conclusions and information obtained during the examination. The expert's opinion, as a rule, is assessed by the person who appointed or ordered the examination.
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