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DOI: https://doi.org/10.33994/kndise.2019.64.63

S. Lesiv

Recently, expert institutions have begun to receive more and more procedural documents on the appointment of construction and technical types of examinations for the solution of which concerns issues to determine the quality of the work carried out on the fire protection of wooden structural elements. And this is not surprising, given the fact that considerable amount of money is spent on this type of work based on the analysis of reporting documentation, and the quality of such work as practice shows does not always meet the requirements of regulatory documents. The main tasks that constructive fire protection performs are a significant increase in the fire resistance of a building material, prevention of its deformation, and also an obstacle to the further spread of the resulting fire. All this will help to preserve the safety of the building quickly and in a timely manner, as well as to carry out a full evacuation without any loss.

The article is devoted to the consideration of the main methods that can be used to determine the quality of work performed on the fire retardant treatment of wood with DSA-1 and DSA-2 solutions. In turn, the effectiveness of each method was tested in practice by the author of this article at various research sites, in turn, based on their practical application, it is possible to conclude that these methods are quite effective and can be fully used by forensic experts in conducting such studies.

Key words: fire protection, solutions, control, methods.

DOI: https://doi.org/10.33994/kndise.2019.64.62

V. Savchak

Due to the lack of a proper conceptual and categorical apparatus, it is rather difficult to determine under what circumstances the owner / user of the land plot has the right to reparation and what is the actual damage.

That is why, for a clear understanding of the tasks of land management expertise and the feasibility of a full, substantiated and objective study to calculate the amount of damage caused to land owners and land users, we consider it necessary to go further into the aspect of losses, for example, of damages caused by the restrictions on land use , and the order of their calculation.

Using the example of restrictions on the use of land, the author came to the conclusion that grounds for imposing restrictions on the use of land, according to article 111 of the Land Code of Ukraine, do not cause a loss to the land owner/user in each case.

We believe that the loss caused by restrictions on the use of land, are the lost, additionally spent or under-received property benefits (monetary assets), caused by the violation of the rights of the owner / user of a land plot after establishing the restrictions of a land use on a land plot.

In itself, the restriction in the use of land does not give rise to the right to compensation for damages, however, it can adversely affect the property of the owner (worsen it, destroy it), and therefore occurs a damage.

It was also determined that the fact of causing harm to the owner or user of the land plot, that is, the onset of negative consequences for him, is not always associated with unlawful behavior. And the right to compensation for damages the owner / user of the land will have, regardless of the fault of the subject who caused him damage. Legal relations arising in the land sphere allow special conditions for the compensation of losses to land owners / land users that arise:

– under the circumstances of the occurrence of harm through the perfect wrongful act;

– under the circumstances of the occurrence of harm through the perfect lawful act;

– under the circumstances of the occurrence of damage caused by the violation of contractual obligations.

Referring to the procedure for calculating the amount of damage, the author concludes that this is carried out in a general manner, in accordance with special regulations – National Standard №. 1 «General Basis for Assessing Property and Property Rights», approved by Resolution of the Cabinet of Ministers of Ukraine No. 1440 of 10.06.2003 and National Standard № 2 «Real Property Valuation», approved by the Resolution of the Cabinet of Ministers of Ukraine of 28.10.2004 №. 1442.

Key words: forensic examination on questions of the use of land; land plot; losses inflicted to the land owners and land users; the restriction in the use of land; calculation of losses.

DOI: https://doi.org/10.33994/kndise.2019.64.61

M. Zholobetska; V. Koloniuk

The construction industry is one of the priority sectors of the economy and has a great social significance. Despite the implementation of the state policy on counteracting criminal offenses in the budgetary sphere, their level remains significant, especially in such priority sectors as construction, reconstruction and repair of state facilities.

As expert practice shows, recently, the number of expert studies related to the determination of the cost of actually executed construction work has increased.

Crimes in the field of construction have recently been characterized by a complex mechanism of accomplishment. During their investigation, the investigators have tasks whose solution requires the application of specialist knowledge in various fields, including accounting, engineering and construction, etc.

As analysis of investigative practice shows, in the investigation of crimes in the field of construction, a comprehensive judicial-economic and construction-technical expertise is conducted.

Comprehensive examination should be appointed when the solution of the questions posed is impossible as a result of several consecutive examinations. There is an integrated examination, in the production of which the solution of the problem is impossible without the simultaneous participation of specialists in various fields of knowledge and formulation of their general conclusion. Complex examination is carried out by at least two experts from different fields of knowledge or different areas within one area of ​​knowledge.

The article analyzes the peculiarities of the process of carrying out complex construction-economic researches and examinations, reveals the main tasks of the complex judicial building-technical and economic expertise, as well as proposes a general algorithm for the implementation of a comprehensive judicial engineering-building and economic expertise.

The authors of the article agree that in most cases, the appointment of a comprehensive judicial construction, technical and economic expertise is the most efficient, methodologically correct way to the solution of expert tasks, when obtaining a reliable answer is guaranteed only by a general generalization of the results of the application of basic expert knowledge and methods.

Key words: special knowledge, multi-discipline expertise, multi-discipline construction, technical and economic expertise.

DOI: https://doi.org/10.33994/kndise.2019.64.60

O. Komandyrov; O. Levchenko; O. Kysil

In connection with development in the world and, in particular in Ukraine, practices of planning of building objects and creation of project documentation with the use of BIM (Building Information Modeling) and by the credible height of researches of accordance of project documentation and existent objects to the requirements of normatively-legal acts, there is a necessity of introduction in the field of realization of judicial building examination of methodologies of research of building objects and corresponding project documentation created after BIM, preparation of specialists for work with the complexes of planning BIM. In the article, the existent state and perspective use of BIM considered for verification of accordance to the requirements of normatively acts of the both projected and existent building objects, which can be used by forensic experts during realization of corresponding researches.

Keywords: civil engineering expertise, design documentation, building information modeling (BIM) technology, information modeling.

DOI: https://doi.org/10.33994/kndise.2019.64.59

R. Pasko; S. Maksymov; Ye. Psiarnetskyi

The article deals with the issues of conducting forensic appraisal-building and appraisal-land expertise and expert research of valuation of immovable property in an unstable market.

It should be noted that:

1. Using a comparative methodological approach in the present extremely adverse market conditions prevailing in Ukraine, including, and on the background of the rapid devaluation of the national currency against the U.S. dollar, needs assessment (court expert or appraiser) a clear awareness of the fact that almost all the participants of the real estate market at the moment have taken a wait that led to the actual absence of the market itself.

2. The real estate market, which has always been characterized by a certain inertia, in virtue of their nature, react to any changes in the economy only after a certain period of time, that is, a so-called «temporary delay». The process of reaching the market to its equilibrium state is delayed in time because the market participants still can not adapt to new economic realities as the situation in the country as a whole continues to change literally every day and talk about any signs of stabilization earlier.

3. Analysis of General dynamics (trend) behavior of the real estate market shows that the hryvnia and the dollar prices in practice «diverge», that is, prices denominated in us dollars decrease, and the Ukrainian currency is going up.

4. Under these conditions, within the comparative methodological approach by conducting a court expert or appraiser procedures, the so-called «actualization» of the value proposition analogues on the valuation date of a particular object in an environment of rapid devaluation of the Ukrainian hryvnia is not just permissible but essential as it allows the contractor estimates to neutralize the factor «retrospectives»announcements are about objects-analogues in conditions of high volatility of the currency market. This procedure is advantageously carried out in the final part of the stage of collecting and analysing information about the sale or supply of such real property and identifying objects of comparison, and directly after that go to the comparison of object of evaluation with the objects of comparison and then correcting the already «updated» the sales price or offer price of the objects of comparison.

5. The procedure «updating» of the value proposition analogues on the valuation date is advantageously carried out using the above empirical relationships.

6. The performers of the assessment can also use a mathematical expression to calculate the magnitude of typical discounts for the bargain, the absolute value of which depends on the three market variables: the forecast term exposure, discount rate and annual rate of market value change in time of the specific property.

7. For active and developed markets in which the typical time frames of exposure are relatively small, particularly in periods of rapidly rising prices, discounts to the trade are significantly reduced or disappear altogether.

8. In periods of stagnation in the markets, for which the typical time of exposure significantly increased, especially in periods of lower prices, discounts on bargaining, on the contrary, have been increasing substantially, and have in fact, as of today.

Keywords: real estate, assessment, unstable market, updating the value proposition, the adjustment for the bargain.