FORENSIC COMMODITY EXAMINATION OF EQUIPMENT IMPORTED IN UKRAINE AND FEATURES OF DETERMINATION OF DAMAGE DURING TRANSPORTATION

Abstract

Expert practice on the study of equipment imported to Ukraine has established that a significant part of technical and technological equipment supplied from abroad is refurbished equipment or that has already been used. This feature is established due to the fact that the packaging of this type of cargo is not factory-made from the manufacturer, but is made either by the user of the equipment or by the sender. The peculiarity of the packaging causes damage during transportation. At such cargoes – their design is in direct communication with requirements of packing as nobody is better than the manufacturer nobody can pack similar cargoes. General rules and standards that define the basic requirements for cargo packaging are not always met and the equipment comes with damage. The need for a commodity examination of the equipment damaged during transportation arises both in the pre-trial procedure (at the stage of preparation of the claim to the supplier or carrier) and in the process of consideration in the courts. The general design requirements for the packaging of used equipment imported to Ukraine, the procedure for its attachment and fixation in vehicles are studied and analyzed. The main types of equipment damage and the reasons that lead to their occurrence during transportation are identified. The algorithm of research of the imported technological equipment which was damaged at transportation to Ukraine, the order of drawing up of the defective statement and the estimate of the restored works is resulted. The types of value determined by the expert during the appraisal study of such equipment in accordance with the requirements of the National Standard №1 «General principles of property valuation and property rights» are determined.