The issues of land and construction have been and remain one of the most controversial. Forensic construction-technical and land-technical examinations are appointed in the investigation and consideration of cases of various categories. The subject of any forensic examination, including the above, should cover the investigation of the causes of the commission of the crime and the development of measures to prevent them, since in the investigation and judicial examination a certain range of circumstances can be established only through the use of special knowledge.
It should be noted that the conduction of construction-technical and land-technical forensic examinations is sometimes complicated or becomes completely impossible due to the fact that the owners of the investigated objects interfere with the survey. Experts of the Laboratory of Engineering and Technical Studies of Kyiv Scientific Research Institute of Forensic Expertise recently met a similar problem once again. In this case, forensic experts can conduct research within the limits of where the property rights of others are violated or a re-examination should be ordered. In each case, the expert makes a separate decision.
It should be reminded that the main tasks of the land-technical expertise are the following:
- determination the compliance of the developed technical documentation for land plots and its approval with the requirements of land legislation and other normative documents on issues of land management and land use;
- determination of the conformity of the change in the designation of land plots and its approval by the requirements of the land legislation and other normative documents on issues of land management and land use;
- determination of actual land use by land plots;
- determination of the conformity of actual land use, as well as violations of limits and the imposition of land plots in accordance with the title documents to these land plots and the requirements of regulatory legal acts;
- determination of the compliance of the actual location of buildings, structures and other objects with respect to the boundaries of land plots with right stating documents and technical documentation on land management and land use;
- determination of the possibility of distribution (order of use) of land plots, development of options for their distribution (use order);
- identification of possible options for approaching and traveling to land plots, establishing a land easement;
- evaluation of land plots;
- determination of the compliance of the fulfilled evaluation of land plots with the requirements of regulatory legal acts on property valuation, methodology, methods, valuation procedures etc.
Construction-technical expertise solves the following tasks:
- determination of the cost (market, liquidation, etc.) of buildings and structures and land plots;
- establishment of the fact of the conformity (inconsistency) of the constructed or reconstructed building to the project and the requirements of the State Building Codes of Ukraine or building codes and regulations (hereinafter referred to as SBC, BCR,);
- determination of the cost of various kinds of construction work (construction of buildings, their re-equipment, repairs, landscaping, etc.); establishing the compliance of design estimates with the requirements of the (BCR) and other state standards for construction;
- establishing the correctness of the state reporting on the execution of construction work;
- development of options for the separation of houses and outbuildings in accordance with the ideal shares of each of the co-owners with the preparation in necessary cases of proposals for the conversion of facilities, the abandonment of their parts in common ownership, as well as determining the monetary compensation to the owner, whose share in kind after separation became less than ideal;
- development of options for the use of land, on which the buildings belonging to citizens on the right of common ownership are located; determination of the technical condition of buildings, structures, engineering equipment (percentage of wear and tear, availability for maintenance, repair, defects, etc.).