Theoretical Aspects of Accounting the Wear of Wheeled Vehicles When Assessing the Damage Caused to Them as a Result of Deterioration
https://doi.org/10.30764/1819-2785-2021-4-102-108
Abstract
The article is devoted to the problem of the validity of determining the wear of component parts when calculating the damage caused to a vehicle due to its deterioration. The authors address the legal line of arguments of the differentiated approach when deciding on the need to consider wear and tear. They also make suggestions on its practical reflection in forensic expert opinions. Finally, it is highlighted that when making decisions regarding wear and tear, it is essential to consider the method of compensation for damage caused and official legal information.
The authors justify the necessity to use the provisions of the methodological recommendations developed in the Federal State Budgetary Institution of the Russian Federation under the Ministry of Justice of the Russian Federation in the calculations, which will allow experts to formulate categorical and not relative or multivariate conclusions.
About the Authors
I. N. Novoseletskii
The Russian Federal Centre of Forensic Science of the Ministry of Justice of the Russian Federation
Russian Federation
Russian Federation
Novoseletskii Igor’ Nikolaevich – Chief Researcher of the Department of Scientific and Methodological Support for the conduct of examinations in the system of forensic institutions of the Ministry of Justice of the Russian Federation
Moscow 109028
S. V. Fedotov
The Russian Federal Centre of Forensic Science of the Ministry of Justice of the Russian Federation
Russian Federation
Russian Federation
Fedotov Sergei Viktorovich – Head of the Department of Forensic vehicle commodity examinations
Moscow 109028
References
1. Naniev G.K. The Concept and Essence of Tort Commitments. Scientific Dimension. 2021. Vol. 7. No. 2. P. 774–778. (In Russ.).
2. Yashkina K.D. On the Definition of the Concept of Tort Obligations. Bulletin of Modern Research. 2019. No. 1.9 (28). P. 134–136. (In Russ.).
3. Andrianov Yu.V. Komarov V.V., Kravchinskii V.I. Methodical Recommendations about Deterioration Calculation Constructive Components of Vehicles. Automobile Industry. 2010. No. 11. P. 17–19. (In Russ.).
4. Mikryukova S.L. Modern Issues Related to the Payment of the Amount of Insurance Compensation Considering the Wear and Tear of a Vehicle. Economic, Legal, Social and Cultural Aspects of Regional Development. Materials of the VIII Thematic and IV International Conference (Chelyabinsk, November 07, 2013). Chelyabinsk: Chelyabinskii institut ekonomiki i prava im. M.V. Ladoshina, 2013. P. 74–79. (In Russ.).
5. Mikhailenko O.V. Accounting of Amortization Wear in Determining the Insurance Payment for the Restoration of a Vehicle after an Accident: General Wear and Tear of Vision or a Mysterious Transformation of the Meaning of the Rule of Law during Its Application? Transportation Law. 2007. No. 4. P. 12–16. (In Russ.).
6. Anisimov A.A. Makarevich M.L. The Issue of Full Restoration of Property Rights of Vehicle Owners in Road Accidents. The Future of Science - 2019. Collection of Scientific Articles of the 7th International Youth Scientific Conference. Vol. 3. Jurisprudence. Linguistics and Philology. International Relations and Foreign Economic Activity (Kursk, April 25–26, 2019). Kursk: Yugo-Zapadnyi gosudarstvennyi universitet, 2019. P. 15–18. (In Russ.).
7. Volkonitin A.S. Consideration of Vehicle Amortization in Seeking Compensation. Law and Politics. 2016. No. 11. P. 1423–1426. (In Russ.). https://doi.org/10.7256/1811-9018.2016.11.17136
8. Gerasimov A.P., Lysenko E.S. The Problem of Taking into Account Component Wear and Tear (Parts, Assemblies and Units) in Determining the Amount of Insurance Payment on Motor Third-Party Liability Insurance Contract (OSAGO) by Vehicle Owners. Bulletin of VEGU. 2011. No. 4 (54). P. 4–8. (In Russ.).
9. Gushchin P.N., Sarnakov I.V. Application of Natural Wear of a Vehicle under a Voluntary Vehicle Insurance Contract: Problems of Theory and Judicial Practice. Lawyer. 2013. No. 5. P. 17–21. (In Russ.).
10. Levkin R.A. Accounting of Amortization Wear of Vehicles in Insurance. Yang Scientist. 2015. No. 7 (87). P. 563–565. (In Russ.).
11. Lazarev V.A., Cherepovskaya V.S. Particularities of Determining Tangible Damage Resulting from an Accident. Organization and Safety of Road Traffic. Materials of the XI International Scientific and Practical Conference. (Tyumen, March 15, 2018). Tyumen: Tyumenskii industrial’nyi universitet, 2018. P. 346–352. (In Russ.).
12. Shershnev I.V. Correction of the Amount of Physical Wear to Assess the Damage of an Automobile. Quality Management in the Transport and Social Spheres. Collection of Scientific Papers of the Transport Faculty Based on the Materials of the XLI Student Scientific Conference of OSU (Orenburg, April 02–09, 2019). Orenburg: Orenburgskii gosudarstvennyi universitet, 2019. P. 61–63. (In Russ.).
13. Makhnin E.L., Novoseletskii I.N., Fedotov S.V., Galevskii S.O., Kalinin M.A., Koshelev D.M., Suslov S.B., Alekseev I.V., Kalakutin A.V. Methodological Recommendations for Conducting Forensic Vehicle Examinations and Study of Wheeled Vehicles to Determine the Amount of Damage, the Cost of Corrective Maintenance and Assessment. Moscow: RFCFS, 2018. 326 p (In Russ.).
Review
For citations:
Novoseletskii I.N., Fedotov S.V. Theoretical Aspects of Accounting the Wear of Wheeled Vehicles When Assessing the Damage Caused to Them as a Result of Deterioration. Theory and Practice of Forensic Science. 2021;16(4):102-108. (In Russ.) https://doi.org/10.30764/1819-2785-2021-4-102-108
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