Licensing of expert activities
The adoption in 1994 of the Law of Ukraine " Про судову експертизу " made it necessary for the state to regulate and control the implementation of forensic expert activities on the territory of Ukraine.
The provisions of this law provided for the conduct of forensic examinations not only by state expert institutions, but also on the principles of entrepreneurship.
According to Art. 7 of the Law of Ukraine " On court examination" (as amended on February 25, 1994) forensic expert activity, except for state institutions, could be carried out on an entrepreneurial basis on the basis of a special permit (license).
In addition to the Law of Ukraine "On Forensic Expertise", the Law of Ukraine "On Entrepreneurship" has become an appropriate settlement mechanism. Part two of Article 4, which prohibited the implementation of forensic activities without a special permit (license) issued by the Cabinet of Ministers of Ukraine or its authorized body.
Thus, conducting forensic examinations became the privilege of exclusively state institutions, since it was almost impossible to obtain a license.
The aforementioned situation persisted in Ukraine for about six years, until in 2000 the Law of Ukraine " Про ліцензування видів господарської діяльності " was adopted, which canceled the licensing of forensic expert activity!
Exclusively state specialized institutions carry out forensic activities related to the conduct of forensic, forensic medical and forensic psychiatric examinations.
Laboratories attestation
According to the new legislation from 01.01.2016, namely the Law of Ukraine " О метрологии и метрологической деятельности and PKMU http://zakon2.rada.gov.ua/laws/show/374-2015-%D0%BF/paran9#n9 for enterprises (both laboratories and production) from 01.01.2016 the following is valid:
- The Law of Ukraine `` On metrology and metrological activity '' there is no concept of laboratory certification. It is NOT NECESSARY to certify the laboratory. Regardless of the area in which she works. There is only a concept of laboratory accreditation (more on that below).
- There is no concept of metrological certification of equipment. There are only two concepts - verification and calibration of measuring instruments. That is, ALL equipment that previously passed certification, now you do not need to do anything with it. Optionally, voluntarily, some ancillary equipment can be validated and / or calibrated. For example, if it is critical for a manufacturing or testing process.
- Testing the competence of the laboratory at the state level is carried out exclusively by the National Accreditation Agency of Ukraine for compliance with the requirements of the international standard ISO / IEC 17025: 2006.
- There is no legal basis for mandatory testing of the competence of a laboratory at an enterprise, which corresponds to world experience.
Laboratory accreditation
The state body " National Agency for Accreditation of Ukraine " (NAAU) conducts accreditation of testing and calibration laboratories.
Our organization is not involved in product release or calibration. Also, if we act as a third party between a government agency and a private organization, accreditation in the NAAU makes us a connected person with the government structure.
Considering the stated facts, we cannot be accredited by the NAAU.
SIT register
Considering that the Law of Ukraine "On Metrology and Metrological Activity" from 01.01.2016 does not provide for any changes and additions to the State Register of Measuring Instruments (SIT), the information base of the State Register of SIT will be stored until January 1, 2019.
Verification of measuring instruments
With the entry into force on 01.01.2016 of the Law of Ukraine " Про метрологію та метрологічну діяльність ", legally regulated measuring instruments are subject to primary verification and verification during operation. In accordance with the Law, the list of categories of legally regulated measuring instruments is established by the Cabinet of Ministers of Ukraine.
In accordance with the decree of the Cabinet of Ministers of Ukraine (ed 4 worm 2015 No. 374) " On the hardened change of categories of legislative regulation in the field of technology, so that periodic changes are made " according to the Law of "4) control of the safety of the minds of the pratsi".
Our equipment is not included in the list of legally regulated measuring instruments and is not subject to mandatory verification.
Verification of measuring instruments that are not used in the field of legally regulated metrology and are in operation is carried out on a voluntary basis.
Calibration of measuring instruments
Calibration on a voluntary basis can be subject to measuring instruments that are used in the field and / or outside the scope of legally regulated metrology.
Forensic examination
According to Article 7 and Article 9 of the Law of Ukraine " Про судову експертизу the court examination", other specialists (experts) from the relevant fields of knowledge may be involved in carrying out the forensic examination.
The provisions of this Law on guarantees, rights, duties, liability of a forensic expert, except for the liability for refusal to carry out an examination and the provisions of Section III of this Law, apply to a specialist in the relevant field of knowledge who conducts a forensic examination.
Application template
