Procedure for submitting and considering appeals and complaints

Appeal – A request from the Client to the Certification Body (CB) for the review of a decision made by the CB based on the results of the certification of defense products, works, and services.

Complaint – A request from a legal or natural person to the CB, expressing disagreement with the decision, action, or inaction of the CB regarding the certification of defense products, works, and services in accordance with the signed agreement or applicable legislation.

Appeals and complaints from Clients are accepted within ten days after the Client receives the CB’s decision on the certification of defense products, works, and services, which the applicant wishes to challenge.

The CB must notify the Client of the decision regarding the appeal or complaint within one month after receiving the appeal (complaint).

If any legal or natural person challenges the decision, action, or inaction of the CB, they have the right to submit a written complaint or appeal. The submission of an appeal or complaint does not suspend the actions of the decision made.

For the consideration of an appeal or complaint, the head of the CB appoints a commission. The composition of the commission is formed depending on the specific case.

To review the appeal or complaint, the commission must have the following documents:

– the appeal or complaint (in writing);

– correspondence regarding the disputed issue between the Client and the CB;

– documents that establish the requirements for the works, the results of which the appeal concerns (product test protocols, product samples or photographs, technical documentation for the product – if necessary).

The documentation must be provided by the head of the structural unit responsible for the work related to the complaint or appeal to the members of the commission no later than one week before the commission’s meeting or the final deadline for reviewing the complaint or appeal (the complaint or appeal must be considered within two weeks from the date of registration).

During the review of the appeal or complaint, the applicant (or their representatives), as well as representatives of the Certification Body, have the right to speak, ask questions, provide answers, make statements, and comment on the facts presented in the submitted documents and materials.

The commission considers the disputed issues confidentially. Only the commission members, in sufficient numbers to make the appropriate decision (at least two-thirds of the commission members), should be present during the decision-making process.

The decision of the commission must be signed by the chairperson and all commission members. The decision regarding the appeal (complaint) will be communicated in writing to the parties involved in the appeal (complaint) process.

The expenses related to the consideration of the appeal or complaint are allocated as follows: if the appeal (complaint) is upheld, the expenses are borne by the Certification Body; if the appeal (complaint) is rejected, the expenses are borne by the applicant; if the appeal (complaint) is partially upheld, the expenses are shared by both parties in proportion to the extent of the claims that were satisfied.

If the applicant disagrees with the decision of the appeal commission of the Certification Body, they have the right to appeal to the executive authority overseeing the Certification Body or to the court.

Stages of Work for Considering Appeals (Complaints):

1. Acceptance of the appeal or complaint – 1 day.

2. Review and verification of the appeal or complaint’s validity – up to 5 days.

3. Analysis of the appeal or complaint’s nature, development, and appointment of necessary actions – up to 5 days.

4. Execution of appointed actions – according to the protocol of the appeal commission.

5. Decision-making based on the review of the appeal or complaint and the actions taken – up to 2 days.

6. Registration of decisions and sending them to the applicant – 1 day.

The timeframes for the work related to the consideration of appeals depend on the complexity of the appeal or complaint and may be extended by a separate order from the head of the Certification Body.