Creation of Federal Law 135 on valuation activities. Legislative framework of the Russian Federation

Date of writing: 29.09.2022

Reading time: 36 minutes

The Law on Valuation Activities needed to be adopted to resolve disputes

Federal Law 135 on valuation activities is a basis that has a long history of origin.

The need for the law is ensured by the development of economic ties between numerous entities and the emergence of disputes in the process of resolving problems and emerging difficulties.

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The concept of appraisal activity

Valuation activities are professional and involve the evaluation of objects that are of a material and intangible nature. At the same time, the interests of many parties who take part in the process are respected.

Over the course of time, several main types of value have emerged in Russia:

Market value – represented by the price, it is the most probable for the purchase of a certain object. At the same time, all parties to the transaction try to gain benefits and also have all the necessary information. Under these circumstances, the price may depend on many factors. Market value assumes that there are favorable conditions for each party. The object to be assessed is presented through an offer. All payments made are in cash and are paid in monetary terms.
Investment value has several definitions; it is worth considering the main ones. It represents the totality of capital costs related to the creation of a construction project. This is a series of design work, costs for acquiring a land plot, installation, interior finishing work, and so on. Investment value is the price of a property to a particular investor. In this case, the cost is determined.
Cadastral value - it is represented by an estimated amount that represents the usefulness of a plot of land used for its intended purpose.
Liquidation value - assumes the amount after liquidation; it is important for each participant in the transaction.

Thus, all types of value differ from each other, but each of them requires special attention when conducting valuation activities.

A competent approach to any type of cost will allow for an objective independent assessment that will 100% comply with the basic principles of legislation.

All about appraisers

Valuation activities are carried out by persons called appraisers; they are competent in this field and have a sufficient level of professionalism. When conducting assessment activities, there are several rules and techniques that are important to take into account.

There are a number of requirements assigned to the appraiser. So, this is an individual who meets certain qualification characteristics. A legal entity providing comprehensive services must have on its staff two or more specialists who are competent in this area. Such employees carry out insurance.

According to the law, the appraiser has the right:

Solve the situation independently, turn to various existing methods
Be guided by the object and carry out the necessary work independently, while leaving the possibility of involving other persons
Obtain certain information necessary to conduct an objective and high-quality assessment
Request information that is needed for work, except for that which is a state secret
When receiving a refusal due to a commercial or state secret, the employee must note this as the reason for the impossibility of continuing work or the reason for giving out the necessary data
If necessary, involve other specialists in the assessment process
Appraisers reserve the right to refuse work, but only with confirmation of the fact that the data is insufficient, and other information cannot be provided by the state due to confidentiality

If we talk about responsibilities, then they also exist, and require the employee to comply with the legislative framework regarding assessment, as well as carry out various works that will help clarify the situation.

Also, the assessment of certain objects involves the guidance of certain methods, criteria and principles that are always important to remember.

So, if a real estate property is being assessed, then the main criteria are its type (economic, residential, commercial), also location, degree of infrastructure development and compliance with sanitary and fire safety standards.

In addition, footage and other characteristics. If other property is assessed, then the parameters that determine its value are taken into account. For example, when evaluating antiques, the key factors are the country of manufacture, the presence of an impressive history, age, and material of manufacture.

Appraisal workers have a number of powers that are important to observe and take into account.

Methodology

Until 2006, activities in the Russian Federation had licenses, and documents were issued by special organizations to absolutely all persons who confirmed the level.

According to the law, licensing in this area has ceased, and the latest edition of Federal Law 135 on appraisal activities in the Russian Federation has taken a different form, with various innovations. About changing the law - in the video:

Regulation occurs by the state. In addition, the Russian Federation has a national council, which was created in accordance with the law and is responsible for the principles and mechanisms of work. It carries the purpose of performing certain tasks:

Creating and shaping a common approach
Focus and clear structure of activities of specialists for any purpose
Coordination of employee activities
Creation of specific standards

In addition, in addition to the tasks solved by appraisers and other structures, both public and private, we can distinguish the main methods of assessment. It uses uniform principles and procedures that have been developed by numerous organizations over a long period of work.

In general, there are several main approaches to carrying out this event:

Profitable. It combines the forecasting of income received from the use of an object, which will be created on the basis of available data.
Expensive. Assumes the need to determine future costs that will be needed for reproduction, as well as replacement. Wear and tear of the assessment and obsolescence should be taken into account. As a result, costs may arise to create an exact copy of an object using certain technologies and tools. In this context, we can highlight costs of a different nature, which play an important role in many processes.
Comparative approach. This method is also used quite often, represented by a combination of methods; they are based on comparing an object with others, those that contain more genuine and reliable information. These characteristics are decisive when assessing the value of a given object, since the final decision on price depends on them.

Thus, each approach requires strict adherence to instructions and rules, and if applied correctly, it can give impressive results.

Fundamentals of legislation

Assessment is a qualitatively new stage in the development of infrastructure, and it appeared due to the fact that it became necessary to resolve market disputes when subjects may not be able to figure it out on their own.

Soon, valuation activities began to develop in many countries as a methodological direction of economics. For a long time in Russia there was no such profession as an appraiser, and the value was assessed by the state, and this has always been the case.

However, the economic situation took a new path of development, there was a need to improve some areas of activity, and the developing market required an independent objective assessment. But there were numerous obstacles to the development of this direction.

The profession as such was officially introduced in 1996, and since then the range of tasks solved by this employee began to expand significantly. In addition, there is room for improvement regarding the conduct of assessment activities, since it is necessary to create a special work mechanism and establish a framework in terms of legislation and other areas.

It is important to weigh the situation and set priorities correctly. In some periods there were changes in the situation, this is normal, because after the collapse of the USSR the economy suffered victories and defeats, innovations appeared, and we had to say goodbye to the old methods of housekeeping and accounting.

In the process of development of appraisal activities, the need for specialized specialists arose

In addition, the real estate market has found itself in a new manifestation, which has necessitated the creation of conditions for the work of appraisers - specialists who have a narrow focus and are in great demand to this day.

History shows good pictures of changes in the situation, but nowadays it is also possible to make improvements and introduce innovations in this area.

The development of a new project and new methods was carried out by government specialists who are directly interested in improving the situation and improving the main aspects.

Other structures were also involved in solving this issue, but it is very important to note that individuals and legal companies came to certain conclusions, and working through the state, created new bases. Thanks to this approach, it was possible to carry out assessments with objects as reliably and smoothly as possible.

Since the law has come into force, this helps to improve the framework, and this condition is important for the entire Russian market. It is important to further develop this direction in a new context. Federal Law-135 on valuation activities with the latest amendments states that some changes have occurred in the area, and they require a qualitatively new approach to the consideration of certain aspects of activity.

Today, the main difficulty is the lack of professionalism of workers. The institution of objective assessment, which would be independent, is an important element for the development of an economy that is focused on meeting the needs of the population.

In the Russian Federation, the problem of competent calculation and determination of cost has gradually grown, and, despite the recent training of a large number of personnel, there are many opportunities for further development. The main factor that has had a negative impact on the professional development of assessment is the awareness of companies that it is necessary to attract appraisers to solve many problems.

And, since various disputes arose in the field of purchase and sale, many wanted to avoid them. Thanks to the release of Law 135, these problems were partially removed, appraisers now have certain responsibilities, rights and obligations, however, the work procedure is not always clear and streamlined, which requires systematization of the process.

In order to overcome the difficulties in modern assessment development, it is important to address a number of aspects:

Consider tactical and strategic objectives of assessment and activity in general
Choose the best options
Implement measures to improve and increase objectivity
Ask for help from competent specialists in this area
Receive data on the current state of the market and follow it, directing efforts to improve the situation

It can be noted that currently the legislation in this area and the appraisal activity itself in Russia are in the process of formation, that is, mechanisms are being developed aimed at implementing legal regulation.

The unification of assessment standards is also being carried out, and other issues that are directly related to the conduct of assessment activities are being resolved.

It is widely considered that appraisers bear full responsibility for the results of the assessment and for their own activities, since the risk of making an error is high.

If this happens, customers will suffer damages that can amount to quite a large amount. In addition, according to the law, a company or an individual appraiser does not have reserve funds.

If an error occurs in the calculations, the client will be able to demand compensation from the appraiser, and the appraiser is obliged to do this. Otherwise, the circumstances will be resolved through legal proceedings. As a result, this will lead to significant losses for all parties, and cases of bankruptcy are not uncommon.

But there is a mechanism that clearly and fully ensures the protection of all parties to transactions. It is represented by liability insurance, which, as already noted, plays an important role in the entire process.

Federal Law 135 on valuation activities contains provisions that talk about, and is also aimed at protecting the interests of clients. This part is very important, since the law deals with the regulation of a new and complex area of activity.

Therefore, the expediency of establishing a cost that will be minimal for insurance is justified. If we compare the main approaches, as well as in Russia over the previous 50 years, we can note that in Russia the principles have remained virtually unchanged.

Real estate valuation is a popular service when carrying out economic transactions.

For this reason, the prospects for the valuation of real estate and other objects are very important.

In order to ensure the high-quality development of this industry in the future, it is necessary to develop measures aimed at eliminating the main difficulties and problems, as well as creating optimal conditions for conducting assessment activities, so that each employee can gain invaluable experience and business skills, while improving the situation as a whole.

The assessment of certain objects is very important when carrying out economic transactions, in connection with this there is a need to conduct assessment activities. In addition, it is worth emphasizing the importance of Federal Law 135, since thanks to it, the basic norms and provisions of the relationship between the parties who take part in transactions are established.

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The note presents a comparative analysis of articles in the new and old editions, and you can track the changes by paying attention to the text on the right. You can download a complete comparative analysis of the changes made at the bottom of the article.

On June 2, 2016, Federal Law 172 came into force, which amended the relevant law on valuation activities No. 135-FZ.

Amendments were made to many articles, in particular those relating to the activities of self-regulatory organizations, examination, membership in SROs, and passing the exam for a qualification certificate.

Information regarding certification and obtaining a qualification certificate will be most interesting for you. The evaluators are interested in what the procedure and conditions for passing the qualification exam will be. Amendments to the law on valuation activities will come into effect in stages, that is, first one block of amendments, then another, so I recommend that you study this law well in order to be prepared for subsequent changes and not miss anything.

Let me start with the fact that changes have been made to article four of Article 135 of the federal law, which talks about the subject of appraisal activities: from July 1, 2017, an appraiser can carry out appraisal activities in accordance with the direction that will be indicated in his qualification certificate.

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Article 4. Subjects of valuation activities

Subjects of valuation activities are recognized as individuals who are members of one of the self-regulatory organizations of appraisers and who have insured their liability in

in accordance with the requirements of this Federal Law (hereinafter referred to as appraisers).

An appraiser can carry out appraisal activities independently, while engaged in private practice, as well as on the basis of an employment contract between the appraiser and a legal entity that meets the conditions established by Article 15.1 of this Federal Law.

Article 4 shall be supplemented with part three as follows:

“The appraiser can carry out appraisal activities in the areas specified in the qualification certificate»

(effective from 07/01/17) For persons who are members of the SROO as of 01/01/17, this part comes into force from 04/01/2018

Article 21 reveals in detail what a qualification certificate is and what are the conditions for obtaining it:

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Article 21. Professional training of appraisers

Professional training for appraisers

carried out by public or private educational institutions specially created for this purpose, or on the basis of faculties (divisions, departments) of public or private educational institutions that have the right to carry out such training in accordance with the legislation of the Russian Federation

Article 21 shall be stated as follows:

Professional training of appraisers is carried out educational organizations higher education in master's programs, professional retraining, advanced training"

The difference from the previous edition is that now professional training of appraisers will be carried out by educational organizations of higher education under master's programs in professional training and advanced training. This means that a bachelor's degree, which was previously acceptable for appraisers, is no longer acceptable as of June 2, 2016. Persons who complete a 4-year course of professional education as an appraiser under a bachelor's degree program should take care to improve their qualifications and undergo retraining. This condition is necessary both for passing the qualification exam and for becoming a member of a self-regulatory organization of appraisers.

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Article 21.1. Unified Qualifying Exam

A member of a self-regulatory organization of appraisers can be included in the expert council of a self-regulatory organization of appraisers only if they pass a unified qualification exam in accordance with the requirements for the level of knowledge imposed by the federal assessment standard on an expert of a self-regulatory organization of appraisers.

Requirements for the level of knowledge of an expert of a self-regulatory organization of appraisers are established by the federal assessment standard.

The Unified Qualification Examination is conducted by educational organizations of higher education registered on the territory of the Russian Federation and accredited by the authorized federal body that exercises the functions of supervising the activities of self-regulatory organizations of appraisers.

The list of examination questions for conducting the unified qualifying exam, the procedure and conditions for accreditation of educational organizations of higher education that conduct the unified qualifying exam, the procedure for conducting and passing the unified qualifying exam, including the procedure for filing and considering appeals, are approved by the authorized federal body that carries out regulatory functions legal regulation assessment activities.

For taking the unified qualifying exam, the applicant may be charged a fee, the amount and procedure for collecting which are established by educational organizations of higher education that conduct the unified qualifying exam. The maximum amount of the fee charged from the applicant for taking the unified qualification exam is established by the authorized federal body that carries out the functions of legal regulation of assessment activities.

Article 21.1 shall be stated as follows:

The qualification exam in the field of valuation activities (hereinafter referred to as the qualification exam) is conducted by a body authorized by the Government of the Russian Federation (hereinafter referred to as the body authorized to conduct the qualification exam) in order to confirm the level of qualifications. The list of examination questions for conducting the qualifying examination is formed by the body authorized to conduct the qualifying examination. The procedure for forming a list of examination questions, conducting and passing the qualification exam, including the procedure for the applicant’s participation in the qualification exam, the procedure for determining the results of the qualification exam, the procedure for filing and considering appeals, is approved by the authorized federal body that carries out the functions of legal regulation of assessment activities .

For taking the qualifying exam, the applicant may be charged a fee, the amount and procedure for collecting which are established by the body authorized to conduct the qualifying exam. The maximum amount of the fee charged from the applicant for taking the qualification exam is established by the authorized federal body that carries out the functions of legal regulation of assessment activities. An applicant who has received higher education and (or) professional retraining in the field of valuation activities is allowed to take the qualifying exam.

The applicant is allowed to retake the qualification exam no earlier than after ninety days.

As for the unified qualification exam, the legislator has outlined in general terms how this will be implemented. At the moment, we can confidently divide the procedure for conducting the exam into two conditional blocks.

First block directly concerns admission to the qualifying exam: here the requirements will be higher education or professional retraining in the field of assessment activities.

Second block these are the conditions for issuing a qualification certificate; here there will be requirements for work experience

It is difficult to imagine how this rule will be implemented in practice for young specialists, because there is no experience of passing exams. I will update the answer to this question in this article as relevant information becomes available.

The qualification exam is conducted by a body authorized by the government of the Russian Federation. This body authorized to conduct the examination is charged with the following functions: developing a list of examination questions, charging fees for taking the examination, the procedure for conducting the qualifying examination, the procedure for filing an appeal against the applicant’s participation and the procedure for determining the results. Today this is the Ministry of Economic Development of the Russian Federation, presumably this ministry will establish the basic rules by which the exam will be taken, as well as the form of the qualification certificate, the number of these forms, the directions that will be indicated in the qualification certificate.

If the attempt is unsuccessful, the evaluator will only be able to retake the exam after 90 days. You need to take this fact into account, since for members of the SROO who are on the register, the requirement to have a qualification certificate begins on April 1, 2018. That is, from July 1, 2017, when the need to pass the exam and have a qualification certificate comes into force, until April 1, 2018, appraisers will have to pass the exam and submit a copy of the qualification certificate to the self-regulatory organization of which they are a member. In case of an unsuccessful attempt to pass the exam, the evaluators have no more than three attempts, and only if they retake it on the same day.

The legislator prescribed in the new version of the law the refusal to issue a qualification certificate in the event that a person’s education does not meet the necessary conditions, or his experience does not correspond to the experience that is required of him. And this may become clear after the appraiser has passed the exam. To avoid such unpleasant consequences, you will need to have a document confirmed by the necessary records. work book experience as required by law. Supporting documents may also include employment contracts either part-time or at the main place of work. The qualification certificate is issued for a period of 3 years, and after 3 years the appraiser must take the exam again.

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Article 14. Rights of the appraiser

The appraiser has the right:

apply independently methods for assessing the subject of assessment in accordance with assessment standards;

require from the customer when carrying out

mandatory assessment of the object of assessment, ensuring full access to the documentation necessary to carry out this assessment; receive clarifications and additional information necessary to carry out this assessment; request in writing or orally from third parties information necessary to conduct an assessment of the subject of assessment, with the exception of information that is a state or commercial secret; in case the refusal to provide the specified information

significantly affects the reliability of the assessment of the object being assessed, the appraiser indicates this in the report;

involve, as necessary, on a contractual basis, other appraisers or other specialists in the assessment of the object being assessed; refuse to carry out an assessment of the assessment object in cases where the customer has violated the terms of the contract, has not ensured the provision of the necessary

information about the object of assessment or did not provide working conditions in accordance with the contract; demand reimbursement of expenses associated with the assessment of the subject of assessment, and monetary remuneration for carrying out the assessment of the subject of assessment, as determined by a court, arbitration court or arbitration tribunal.

Article 14 shall be supplemented with the following paragraph:

“to voluntarily suspend the right to carry out appraisal activities upon a personal application sent to a self-regulatory organization of appraisers, in the manner established by the internal documents of the self-regulatory organization of appraisers”

Article 14, which talks about the rights of the appraiser, includes the right of the appraiser to voluntarily suspend his appraisal activities. Based on the meaning of the law, suspension of the right to carry out appraisal activities is not equal to suspension of the right to membership of a self-regulatory organization, with all the ensuing consequences. That is, appraisers continue to remain in the register, their contribution to the compensation fund is retained, simply due to some life circumstances, they may temporarily not carry out appraisal activities, which they declare to their self-regulatory organization. But at the same time, they continue to pay membership fees, since they do not cease to be members of a self-regulatory organization of appraisers, and bear all the responsibilities and rights that exist for members of a self-regulatory organization.

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Article 24. Requirements for membership in a self-regulatory organization of appraisers

2. Mandatory conditions for membership in a self-regulatory organization of appraisers

are:

in article 24:

a) add part two with the following paragraph: “availability of a qualification certificate”;

9. The appraiser’s membership in the self-regulatory organization of appraisers is terminated

collegial governing body

self-regulatory organization of appraisers based on:

application by the appraiser to withdraw from membership in the self-regulatory organization of appraisers;

approval by the collegial governing body of a self-regulatory organization of appraisers of a decision to exclude a person from membership of a self-regulatory organization of appraisers.

b) in paragraph one of part nine, delete the word “appraiser”

c) add new parts ten and eleven as follows:

“The membership of a person in a self-regulatory organization of appraisers cannot be terminated before the end of the inspection if the specified self-regulatory organization receives a complaint against him, if in relation to a member of the self-regulatory organization

the organization of appraisers is inspected or a case on the application of a disciplinary measure is considered, and if violations are detected, until the end of the disciplinary committee’s consideration of the case on the violation and the application of a disciplinary measure.

An entry on termination of membership in a self-regulatory organization of appraisers is made in the register of members of a self-regulatory organization of appraisers also in case of admission to a self-regulatory organization

organization of information evaluators,

confirming the death of a member

self-regulatory organization of appraisers";

Pay attention to Article 24, a new provision has been introduced here that if an appraiser wants to voluntarily terminate membership in a self-regulatory organization of appraisers by writing a statement about this, he will be able to terminate this membership. If he does not have a complaint that was received against him before he wrote the application, there is no disciplinary procedure against him and if he does not have arrears in paying membership fees to the self-regulatory organization. And if earlier this was a practice that was used by many self-regulatory organizations, prescribing the conditions for suspension of membership in their regulations, now this is enshrined in law and has a mandatory norm.

A clarifying amendment was made to Article 15.1 - legal entities that carry out appraisal activities are now called appraisal companies.

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Article 15. Rights and obligations of the customer

ratings – previously absent

add Article 15 2 with the following content:

When conducting an assessment, the assessment customer has the right:

demand and receive from the appraisal company or appraiser justification for conclusions based on the assessment results;

receive from an appraisal company,

appraiser's appraisal report within the period established by the appraisal agreement;

exercise other rights arising from the assessment agreement.

When conducting an assessment, the assessment customer is obliged to:

assist the appraisal company,

the appraiser in a timely and complete assessment, create appropriate conditions for this, provide the necessary information and documentation, give, upon oral or written request, the appraisal company, appraiser

comprehensive explanations and

confirmation in oral and written form, as well as request information necessary for the assessment from third parties;

do not take any actions aimed at concealing

(restriction of access) information and documentation requested by the appraisal company, appraiser. Availability in

requested by the appraisal company,

appraiser to carry out the assessment

information and documentation containing trade secrets cannot be grounds for refusal to provide them;

timely pay for the services of the appraisal company or appraiser in accordance with the contract for the appraisal, including if the results of the appraisal are not consistent with the position of the appraisal customer;

comply with the requirements of this

Federal law, federal

assessment standards and other obligations arising from the assessment agreement

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Article 16.2. Expert of the self-regulatory organization of appraisers

An expert of a self-regulatory organization of appraisers - a member of the expert council of a self-regulatory organization of appraisers is recognized as a member of a self-regulatory organization of appraisers who has passed the unified qualification exam and was elected to the expert council of a self-regulatory organization of appraisers by the general meeting of members of the self-regulatory organization of appraisers.

in Article 16.2 the words “member

self-regulatory organization of appraisers, who passed the unified qualification exam and was elected" shall be replaced with the words "a person who passed the qualification exam in the field of valuation activities and was elected"

The Federal Law on Valuation Activities was adopted by the state to regulate and control the legal relations of the parties during the assessment of subjects or objects. In addition, the law regulates the processes and activities carried out during the assessment.

General provisions

The Law on Assessment and Valuation Activities was adopted by the State Duma on July 16, 1998, and approved by the Federation Council on July 17, 1998. The last changes to it were made on July 29, 2017. The Valuation Law consists of 4 chapters and 26 articles. This law controls and regulates the legal relations between the parties to a transaction when assessing objects, and also regulates the assessment of objects owned by individuals and legal entities, the state and constituent entities of Russia, municipal and state institutions, entities and bodies.

Summary of the Federal Law:

The first chapter describes the general provisions of the law. Other acts, bills and regulations regulating the described area are given. The persons and institutions whose legal relations are regulated by this law are described. Terms and concepts are described, subjects and objects of assessment are given. A list of the rights of state and municipal institutions to conduct assessments of objects and entities belonging to them is given. Situations are described when the assessment of the market value of an object is only assumed and when the assessment must be carried out;
Chapter two describes situations when evaluative activity in relation to objects and subjects is justified and legal. The conditions and requirements for carrying out such activities have been drawn up. A list of grounds and mandatory requirements is given. The requirements for the assessment report are described. Methods for confirming the accuracy of the report have been drawn up. The method for filing a complaint about the information provided in the report is described if a person considers it invalid. Lists of rights and responsibilities of the appraiser are given. Information is provided on the independence of legal entities and appraisers with whom contracts are concluded. Article 17 of Chapter 2 became invalid on July 27, 2006;
Chapter number three describes the processes, methods and measures for regulating assessment activities. A list of functions and powers of government bodies to control assessment activities is given. The standards of this field of activity are described so that the standards can be used to control employees. All information and information on the professional training of appraisers, their career growth, advanced training, powers and responsibilities during the performance of duties has been compiled. It describes what a self-regulatory organization engaged in assessment is, the goals and objectives of the organization, its functions and methods of carrying out its activities. Register and accounting of such organizations. Chapter 3.1 describes and formalizes information about a separate category of activities carried out by civil servants of cadastral valuation;
Chapter number four describes and analyzes the additional and final provisions, conditions, and requirements of the law.

This described area is regulated not only by Federal Law 135, but also by other Federal laws and international treaties of the Russian Federation.

For the latest changes to the Federal Law on Advocacy in the new edition, see

Latest amendments made to the law

The latest amendments to the Russian law on valuation activities were made on July 29, 2017, with the adoption of Federal Law No. 274. Changes were made to Art. 24.18 Law on Valuation Activities. This article describes the methods and processes for considering disputes regarding valuation activities based on the cadastral value of an object or subject.

Also check out the latest changes to Federal Law 220

According to the latest amendment, the changes occurred in first part 24.18 of article . This part describes that persons can challenge the results of property assessment in cases where the rights and interests of these persons were affected, and government authorities can challenge the assessment of real estate owned by the state. According to the amendments, words were added that the cases described in this Federal Law are considered exceptions.

According to the latest amendment, there was added 28 part 24.18 article . This part states that federal government bodies or local government bodies can challenge the decision of the assessment commission in relation to a land plot through the court. In cases where the land plot is located on the territory of Moscow, Sevastopol or St. Petersburg and the person who owns the plot reports that the market value determined by the assessment commission has been reduced, the authorities of the listed cities can file a lawsuit against the commission.

According to the fact that a new part 28 appeared in Article 24.18, the numbering has shifted and part 28 is now considered the 29th, 29 is considered the 30th, and from parts 30 to 32, accordingly, it has shifted to 31 - 33. And in 29, the part after the words “in court” the phrase “on the grounds for their review provided for in part eleven of this article” was added.

In Art. 24 of the Law on Valuation Activities lists certain requirements for obtaining membership in a self-regulatory organization:

The person must have higher education or professional training in the described field of activity;
The person must have a certificate with information about the qualifications obtained;
The person must not have outstanding criminal records, especially in the economic sphere. There should also be no crimes of moderate gravity, serious or especially serious crimes.

In order to join and be a member of a self-regulatory organization, a person is required to provide documents on receipt of secondary and higher education, completed professional training courses and other documents on acquiring knowledge in the field of valuation activities. A certificate with information about the absence or presence of a criminal record is also provided. In a self-regulatory organization, documents are provided to a collegial body, which determines whether a person has the right to become a member of the company.

Reasons for refusing a person to join an organization:

The citizen does not meet the requirements and conditions described above;
A person cannot be accepted into any organization due to violations committed under this Federal Law, other Federal Laws or international treaties;
The person does not comply with the requirements and conditions drawn up independently by the body in the self-regulatory organization.

If the appraiser has been accepted by a self-regulatory organization and recognized as its member, he can no longer join other such organizations. To join another institution, he must leave the one in which he is a member.

Download the new version of the law on valuation activities

Federal Law No. 135 was adopted by the State Duma to regulate legal relations between appraisers of objects and entities and the owners of these objects and entities. If a citizen believes that his rights were violated during the assessment or after receiving the report, the person can contact either the judicial authorities immediately or the local government authorities (only in cases of assessment of land plots). With the help of the described law, it is possible to achieve an increase in the assessment of the market value of the object. To achieve the best outcome, it is recommended to study this law.

Decision of November 29, 2019 in case No. A40-118702/2019

Arbitration Court of the City of Moscow (AC of the City of Moscow)

Or) quality characteristics). Relations related to the determination of cadastral value are regulated by Federal Law No. 135-FZ of July 29, 1998 “On Valuation Activities in the Russian Federation.” Article 24.18 of Federal Law No. 135-FZ of July 29, 1998 allows for the possibility of revising the cadastral value determined as part of the state cadastral valuation by establishing it in the amount of the market...

Decision of September 30, 2019 in case No. A82-16010/2017

Arbitration Court of the Yaroslavl Region (AC of the Yaroslavl Region)

Use of land plots owned by the Yaroslavl region and land plots for which state ownership is not demarcated in the Yaroslavl region, approved by Decree of the Government of the Yaroslavl Region dated December 24, 2008 N 710-p. By virtue of Article 24.18 of the Federal Law of July 29, 1998 N 135-FZ “On Valuation Activities in the Russian Federation”, the results of determining...

Decision of September 27, 2019 in case No. A64-1221/2019

Arbitration Court of the Tambov Region (AC of the Tambov Region)

Cases defined in paragraph 3 of this article. In cases where the market value of a land plot is determined, the cadastral value of this land plot is established equal to its market value. According to Art. 24.18 of the Federal Law of July 29, 1998 No. 135-FZ “On valuation activities in the Russian Federation, individuals and legal entities if the results of determining the cadastral value of land...

Decision No. 3A-584/2019 3A-584/2019~M-484/2019 M-484/2019 dated September 27, 2019 in case No. 3A-584/2019

Supreme Court of the Republic of Tatarstan (Republic of Tatarstan) - Civil and administrative

In the case of determining the market value of a land plot, the cadastral value of this land plot is established equal to its market value (clause 3 of Article 66 of the Land Code of the Russian Federation). Article 24.18 of the Federal Law of July 29, 1998 No. 135-FZ “On Valuation Activities in the Russian Federation” (hereinafter also referred to as the Federal Law) provides for the right of legal entities to challenge the results of the determination...

Decision No. 3A-534/2019 3A-534/2019~M-408/2019 M-408/2019 dated September 27, 2019 in case No. 3A-534/2019

From the above regulatory legal acts, the above-mentioned non-residential premises are subject to taxation under property tax individuals, calculated based on its cadastral value. Article 24.18 of the Federal Law of July 29, 1998 No. 135-FZ "On Valuation Activities in the Russian Federation", regulating the consideration of disputes regarding the results of determining the cadastral value, as a basis...

Decision No. 3A-328/2019 3A-328/2019~M-493/2019 M-493/2019 dated September 27, 2019 in case No. 3A-328/2019

Kemerovo Regional Court (Kemerovo region) - Civil and administrative

The Russian Federation provides for the establishment of the market value of a land plot, as well as the possibility of determining the cadastral value of a land plot based on its market value. In accordance with the provisions of Art. 24.18 of the Federal Law of July 29, 1998 No. 135-FZ “On Valuation Activities in the Russian Federation”, the results of determining the cadastral value can be challenged by individuals in the event ...

Tula Regional Court (Tula Region) - Civil and administrative

The market value of the valuation object, these reports cannot be considered among the appropriate evidence confirming the reliability of the final value of the market value of the valuation object indicated in them. According to Article 24.18 of the Federal Law of July 29, 1998 No. 135-FZ “On Valuation Activities in the Russian Federation”, in case of challenging the results of determining the cadastral value, the market value of the property must...

Decision of September 26, 2019 in case No. A66-7138/2019

Arbitration Court of the Tver Region (AC of the Tver Region)

Except for the cases specified in paragraph 3 of this article. In cases where the market value of a land plot is determined, the cadastral value of this land plot is established equal to its market value. Article 24.18 of the Federal Law of July 29, 1998 N 135-FZ “On Valuation Activities in the Russian Federation” (hereinafter referred to as Federal Law N 135-FZ) provides for the possibility of challenging the results of the determination...

Decision No. 3A-273/2019 3A-273/2019~M-230/2019 M-230/2019 dated September 26, 2019 in case No. 3A-273/2019

Kostroma Regional Court (Kostroma Region) - Civil and administrative

Cost. Thus, the results of determining the cadastral value of the above-mentioned property affect the volume of tax obligations of Perminova S.A., and, therefore, affect his rights. According to Article 24.18 of the Federal Law of July 29, 1998 No. 135-FZ “On Valuation Activities in the Russian Federation” (hereinafter also referred to as the Law “On Valuation Activities”), the results of determining the cadastral value can...

The legislation regulating valuation activities in the Russian Federation consists of this Federal Law, federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with it, laws and other regulatory legal acts of the constituent entities of the Russian Federation, as well as international treaties of the Russian Federation.

Subjects of the Russian Federation regulate valuation activities in the manner established by this Federal Law. If an international treaty of the Russian Federation establishes rules other than those provided for by the legislation of the Russian Federation in the field of valuation activities, the rules of the international treaty of the Russian Federation apply.

This Federal Law defines the legal basis for regulating valuation activities in relation to objects of valuation belonging to the Russian Federation, constituent entities of the Russian Federation or municipalities, individuals and legal entities, for the purpose of making transactions with objects of valuation.

For the purposes of this Federal Law, valuation activities mean the activities of subjects of valuation activities aimed at establishing market or other value in relation to objects of assessment.

For the purposes of this Federal Law, the market value of the valuation object is understood as the most probable price at which this valuation object can be alienated on the open market in a competitive environment, when the parties to the transaction act reasonably, having all the necessary information, and the transaction price is not reflected in any way. or emergency circumstances, that is, when:

one of the parties to the transaction is not obliged to alienate the object of valuation, and the other party is not obliged to accept execution;

the parties to the transaction are well aware of the subject of the transaction and act in their own interests;

the valuation object is presented to the open market in the form of a public offer;

the price of the transaction represents a reasonable remuneration for the object of evaluation and there was no coercion to complete the transaction in relation to the parties to the transaction on any part;

payment for the valuation object is expressed in monetary form.

The subjects of valuation activities are, on the one hand, legal entities and individuals (individual entrepreneurs), whose activities are regulated by this Federal Law (appraisers), and, on the other, consumers of their services (customers).

The objects of assessment include:

individual material objects (things);

the totality of things that constitute a person’s property, including property of a certain type (movable or immovable, including enterprises);

ownership and other real rights to property or individual items from the property;

rights of claim, obligations (debts);

works, services, information;

other objects of civil rights in respect of which the legislation of the Russian Federation establishes the possibility of their participation in civil circulation.

The Russian Federation, constituent entities of the Russian Federation or municipalities, individuals and legal entities have the right to have an appraiser evaluate any appraisal objects belonging to them on the grounds and conditions provided for by this Federal Law.

The right to conduct an assessment of the object of assessment is unconditional and does not depend on the procedure established by the legislation of the Russian Federation for the implementation of state statistical accounting and accounting and reporting. This right also applies to re-evaluation of the object of evaluation. The results of the assessment of the assessed object can be used to adjust accounting and reporting data.

The results of the assessment of the assessment object may be appealed by interested parties in the manner established by the legislation of the Russian Federation.

If a normative legal act containing a requirement for a mandatory assessment of a valuation object, or an agreement on the valuation of a valuation object (hereinafter referred to as the agreement), does not define a specific type of value of the valuation object, the market value of this object must be determined.

This rule is also subject to application in the case of the use in a normative legal act of terms not provided for by this Federal Law or valuation standards that define the type of value of the valuation object, including the terms “true value”, “reasonable value”, “equivalent value”, “real value” "and others.

Conducting an assessment of the objects of assessment is mandatory if the transaction involves objects of assessment that belong in whole or in part to the Russian Federation, constituent entities of the Russian Federation or municipalities. including:

when determining the value of valuation objects belonging to the Russian Federation, constituent entities of the Russian Federation or municipalities, for the purpose of their privatization, transfer to trust management or lease;

when using valuation objects belonging to the Russian Federation, constituent entities of the Russian Federation or municipalities as collateral;

upon sale or other alienation of valuation objects belonging to the Russian Federation, constituent entities of the Russian Federation or municipalities;

upon assignment of debt obligations associated with valuation objects belonging to the Russian Federation, constituent entities of the Russian Federation or municipalities;

when transferring valuation objects belonging to the Russian Federation, constituent entities of the Russian Federation or municipalities, as a contribution to the authorized capital, funds of legal entities, as well as when a dispute arises about the value of the valuation object, including:

when nationalizing property;

for mortgage lending to individuals and legal entities in cases of disputes regarding the value of the subject of the mortgage;

when drawing up marriage contracts and dividing the property of divorcing spouses at the request of one of the parties or both parties in the event of a dispute about the value of this property;

upon redemption or other seizure of property from owners for state or municipal needs provided for by the legislation of the Russian Federation;

when assessing objects of assessment in order to monitor the correctness of payment of taxes in the event of a dispute regarding the calculation of the taxable base.

This article does not apply to relations arising during the disposal of state and municipal unitary enterprises and institutions with property assigned to them under the right of economic management or operational management, except for cases where the disposal of property in accordance with the legislation of the Russian Federation is permitted with the consent of the owner of this property .

Chapter II. BASES FOR CARRYING OUT EVALUATION ACTIVITIES AND CONDITIONS FOR ITS IMPLEMENTATION

The basis for conducting an assessment of the object being assessed is an agreement between the appraiser and the customer.

An agreement between the appraiser and the customer may provide for the appraiser to carry out an assessment of a specific valuation object, a number of valuation objects, or long-term servicing of the customer according to his applications.

In cases provided for by the legislation of the Russian Federation, an assessment of the object of assessment, including a repeated assessment, can be carried out by the appraiser on the basis of a ruling of a court, arbitration court, arbitration court, as well as by decision of an authorized body.

The court, arbitration court, arbitration tribunal are independent in choosing an appraiser. Expenses associated with the assessment of the object being assessed, as well as monetary remuneration to the appraiser, are subject to reimbursement (payment) in the manner established by the legislation of the Russian Federation.

The agreement between the appraiser and the customer is concluded in writing and does not require notarization.

The contract must contain:

grounds for concluding the contract;

type of valuation object;

type of determined value (values) of the valuation object;

monetary remuneration for conducting an assessment of the subject of assessment;

information about the appraiser's civil liability insurance.

In the contract in mandatory information is included on whether the appraiser has a license to carry out appraisal activities, indicating the serial number and date of issue of this license, the body that issued it, as well as the period for which this license was issued.

An agreement on the evaluation of both a single object of evaluation and a number of objects of evaluation must contain an exact indication of this object of evaluation (objects of evaluation), as well as its (their) description.

In relation to the valuation of valuation objects belonging to the Russian Federation, constituent entities of the Russian Federation or municipalities, an agreement is concluded by the appraiser with a person authorized by the owner to carry out a transaction with the valuation objects, unless otherwise established by the legislation of the Russian Federation.

Proper fulfillment by the appraiser of his duties assigned to him by the contract is the timely preparation in writing and delivery to the customer of a report on the assessment of the object being appraised (hereinafter referred to as the report).

The report must not be ambiguous or misleading. The report must indicate the date of the assessment of the assessment object, the assessment standards used, the goals and objectives of the assessment of the assessment object, and also provide other information that is necessary for a complete and unambiguous interpretation of the results of the assessment of the assessment object reflected in the report.

If, during the assessment of an object being assessed, it is not the market value that is determined, but other types of value, the report must indicate the criteria for establishing the valuation of the object being assessed and the reasons for deviation from the possibility of determining the market value of the object being assessed.

The report must indicate:

date of preparation and serial number of the report;

the basis for the appraiser’s assessment of the appraisal object;

legal address of the appraiser and information about the license issued to him to carry out appraisal activities for this type of property;

an exact description of the valuation object, and in relation to the valuation object belonging to a legal entity - details of the legal entity and the book value of this valuation object;

valuation standards for determining the appropriate type of value of the valuation object, justification for their use when assessing this valuation object, a list of data used in the assessment of the valuation object, indicating the sources of their receipt, as well as assumptions adopted when assessing the valuation object;

the sequence of determining the value of the valuation object and its final value, as well as the restrictions and limits of application of the result obtained;

date of determination of the value of the valuation object;

a list of documents used by the appraiser and establishing the quantitative and qualitative characteristics of the appraisal object.

The report may also contain other information that, in the opinion of the appraiser, is essential for the complete reflection of the method used by him to calculate the value of a particular appraisal object.

To carry out the assessment of certain types of objects of assessment, the legislation of the Russian Federation may provide for special reporting forms.

The report is personally signed by the appraiser and certified with his seal.

The final value of the market or other value of the valuation object, indicated in a report drawn up on the grounds and in the manner provided for by this Federal Law, is recognized as reliable and recommended for the purposes of concluding a transaction with the valuation object, if in the manner established by the legislation of the Russian Federation, or in court the order is not stated otherwise.

If there is a dispute about the reliability of the value of the market or other value of the valuation object established in the report, including in connection with another existing report on the valuation of the same object, this dispute is subject to consideration by a court, an arbitration court in accordance with the established jurisdiction, an arbitration court by agreement of the parties to a dispute or agreement or in the manner established by the legislation of the Russian Federation regulating valuation activities.

A court, arbitration court, arbitration tribunal has the right to oblige the parties to enter into a transaction at a price determined during the consideration of the dispute in a court hearing, only in cases where the transaction is mandatory in accordance with the legislation of the Russian Federation.

The appraiser has the right:

apply independently methods for assessing the subject of assessment in accordance with assessment standards;

require the customer, when conducting a mandatory assessment of the assessment object, to provide full access to the documentation necessary to carry out this assessment;

receive clarifications and additional information necessary to carry out this assessment;

request in writing or orally from third parties information necessary to conduct an assessment of the subject of assessment, with the exception of information that is a state or commercial secret; if the refusal to provide the specified information significantly affects the reliability of the assessment of the object being assessed, the appraiser indicates this in the report;

involve, as necessary, on a contractual basis, other appraisers or other specialists in the assessment of the object being assessed;

refuse to carry out an assessment of the assessment object in cases where the customer violated the terms of the contract, did not provide the necessary information about the assessment object, or did not provide working conditions consistent with the contract.

The appraiser is obliged:

when carrying out appraisal activities, comply with the requirements of this Federal Law, as well as the regulatory legal acts of the Russian Federation and regulatory legal acts of the constituent entities of the Russian Federation adopted on its basis;

inform the customer about the impossibility of participating in the assessment of the assessment object due to the occurrence of circumstances that impede an objective assessment of the assessment object;

ensure the safety of documents received from the customer and third parties during the assessment of the subject of assessment;

provide the customer with information about the requirements of the legislation of the Russian Federation on valuation activities, the charter and code of ethics of the relevant self-regulatory organization (professional public association of appraisers or non-profit organization appraisers), to which membership the appraiser refers in his report;

provide, at the request of the customer, a document on education confirming the receipt of professional knowledge in the field of valuation activities;

not to disclose confidential information received from the customer during the assessment of the object being assessed, except in cases provided for by the legislation of the Russian Federation;

keep copies of completed reports for three years;

in cases provided for by the legislation of the Russian Federation, provide copies of stored reports or information from them to law enforcement, judicial, and other authorized government bodies or local government bodies upon their legal request.

An assessment of an object of assessment cannot be carried out by an appraiser if he is a founder, owner, shareholder or official a legal entity or a customer or an individual who has a property interest in the object of evaluation, or is closely related or related to these persons.

Conducting an assessment of the assessment object is not allowed if:

in relation to the object of assessment, the appraiser has property or liability rights outside the contract;

the appraiser is the founder, owner, shareholder, creditor, insurer of a legal entity, or the legal entity is the founder, shareholder, creditor, insurer of the appraisal firm.

Interference by the customer or other interested parties in the activities of the appraiser is not allowed if this may negatively affect the reliability of the result of the assessment of the property being assessed, including limiting the range of issues to be clarified or determined during the assessment of the property being assessed.

The amount of payment to the appraiser for conducting an assessment of the property being assessed cannot depend on the final value of the property being assessed.

Civil liability insurance for appraisers is a condition that ensures the protection of the rights of consumers of appraiser services, and is carried out in accordance with the legislation of the Russian Federation.

An insured event is the infliction of losses to third parties in connection with the implementation of the appraiser’s activities, established by a court decision, arbitration court or arbitration tribunal that has entered into legal force.

The appraiser has no right to engage in appraisal activities without concluding an insurance contract.

The presence of an insurance policy is a prerequisite for concluding an agreement on the assessment of the subject property.

Insurance of civil liability of appraisers can be carried out in the form of concluding an insurance agreement for a specific type of appraisal activity (depending on the object of appraisal) or under a specific agreement on the appraisal of the object of appraisal.

Chapter III. REGULATION OF EVALUATION ACTIVITIES

Control over the implementation of appraisal activities in the Russian Federation is carried out by bodies authorized by the Government of the Russian Federation and the constituent entities of the Russian Federation (hereinafter referred to as authorized bodies), within the framework of their competence established in accordance with the legislation of the Russian Federation.

The functions of the authorized bodies are:

control over the implementation of assessment activities;

regulation of valuation activities;

interaction with government authorities on issues of valuation activities and coordination of their activities;

coordination of draft assessment standards;

approval of the list of requirements for educational institutions providing professional training for appraisers in accordance with the legislation of the Russian Federation.

Valuation standards, mandatory for use by subjects of valuation activities, are developed and approved by the Government of the Russian Federation in accordance with

Self-regulatory organizations of appraisers can perform the following functions:

protect the interests of appraisers;

help improve the level of professional training of appraisers; promote the development of educational programs for the professional training of appraisers;

develop your own assessment standards;

develop and maintain their own quality control systems for the implementation of assessment activities.

Licensing of appraisal activities is carried out in accordance with the legislation of the Russian Federation.

The procedure for licensing appraisal activities is approved by the Government of the Russian Federation.

The body issuing a license to carry out appraisal activities exercises control over compliance with the requirements for the implementation of this activity by appraisers in accordance with this Federal Law and the legislation of the Russian Federation on licensing.

Requirements for licensing appraisal activities for individuals:

state registration as an individual entrepreneur;

availability of an education document confirming the receipt of professional knowledge in the field of valuation activities in accordance with educational programs agreed with the authorized body;

Requirements for licensing appraisal activities for legal entities:

state registration as a legal entity;

the presence on the staff of the legal entity of at least one employee who has an education document confirming receipt of professional knowledge in the field of valuation activities;

payment of a fee for issuing a license to carry out appraisal activities.

Revocation of a license to carry out valuation activities is carried out on the basis of:

recognition, in accordance with the procedure established by the legislation of the Russian Federation, as invalid of the fact of state registration of an individual entrepreneur or legal entity;

declaring an individual entrepreneur or legal entity bankrupt in accordance with the procedure established by the legislation of the Russian Federation;

recognition, in accordance with the procedure established by the legislation of the Russian Federation, as invalid of the education document held by the appraiser, who is an individual entrepreneur, confirming the receipt of professional knowledge in the field of appraisal activities; if the appraiser is a legal entity - invalidation of the education document of an employee of this legal entity, provided that he alone has an education document confirming receipt of professional knowledge in the field of appraisal activities;

the appraiser's activities exceed the limits of the rights granted to him by the license to carry out appraisal activities;

failure to comply with the requirements established by the legislation of the Russian Federation;

decisions of the court, arbitration court, arbitration tribunal.

A petition to revoke a license to carry out appraisal activities may be submitted by the authorized body, self-regulatory organizations, as well as other interested parties.

The list of grounds for revocation of a license to carry out appraisal activities specified in this article is exhaustive and cannot be changed except by introducing amendments and additions to this Federal Law.

The president
Russian Federation
B.YELTSIN

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