Federal law of the Russian Federation 135 on valuation activities. Legislative base of the Russian Federation

Federal Law No. 135-FZ of July 29, 1998 "On appraisal activities In Russian federation" with latest changes, introduced by the Federal Law of November 28, 2018 N 451-FZ, effective from October 1, 2019(rev. 49).

Foreword

original text federal law No. 135-FZ was published in the "Collection of Legislation of the Russian Federation" on 08/03/1998 (N 31), " Russian newspaper"08/06/1998 (N 148-149).

Appraisal activity- professional activity of the subjects of appraisal activities aimed at establishing market, cadastral or other value in relation to the objects of appraisal (Article 3 of Law No. 135-FZ).

Since the introduction of the law on valuation activities, dozens of amendments have been made to it, the most important of which are the following:

Membership in SROO instead of a license

In 2006, they were excluded from the number of appraisers legal entities, the appraiser can be an individual.

Instead of licensing for appraisers, mandatory membership in self-regulatory organization appraisers (SROO).

Self-regulatory organization of appraisers- a non-profit organization established for the purpose of regulating valuation activities and monitoring the activities of its members in terms of their compliance with the requirements of this Federal Law, federal valuation standards, other regulatory legal acts of the Russian Federation in the field of valuation activities, standards and rules for valuation activities, business and professional ethics included in the unified State Register self-regulatory organizations of appraisers and uniting appraisers on the terms of membership (Article 22 of Law No. 135-FZ).

The Law on Valuation Activities establishes the procedure and criteria for inclusion non-profit organization in the unified state register of self-regulatory organizations of appraisers, the functions of the SROO are named, the main rights and obligations of the SROO are indicated, a list of grounds for refusing to be admitted to membership in a self-regulatory organization is given.

Cadastral valuation of real estate objects

In 2010, Law No. 135-FZ was supplemented with Chapter III.1 "State cadastral valuation", which contains provisions on the procedure for assessing the cadastral value of real estate, approving its results and challenging the results of determining the cadastral value.

For clarifications on issues that arise with the courts when considering cases of contesting the results of determining the cadastral value, see Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 30, 2015 N 28 "On some issues that arise when courts consider cases on challenging the results of determining the cadastral value of real estate"

THE RUSSIAN FEDERATION

THE FEDERAL LAW

ABOUT EVALUATION ACTIVITIES IN THE RUSSIAN FEDERATION

Chapter I. General Provisions

Chapter II. Grounds for the implementation of valuation activities
and conditions for its implementation

Chapter III. Regulation of valuation activities

Chapter IV. Final provisions

The president
Russian Federation
B. YELTSIN

The law on appraisal activity had to be adopted to resolve disputes

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

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

Article navigation

The concept of valuation activities

Appraisal activity is professional, involves the evaluation of objects that are material and intangible in nature. At the same time, the interests of many parties that take part in the process are respected.

In Russia, over the course of time, several main types of value have been formed:

• Market value - is represented by the price, it is the most probable for the purchase of a particular object. At the same time, all parties to the transaction are trying to benefit, and also have all the necessary information. In the context of these circumstances, the price may depend on many factors. Market value implies favorable conditions for each side. The object to be assessed is presented through an offer. All payments made are in cash and are paid in cash.
• Investment value has several definitions, it is worth considering the main ones. It is a set of capital costs related to the creation of a construction object. This is a row design work, acquisition costs land plot, installation, internal finishing works etc. Investment value is the price of a property for a particular investor. AT this case value is determined.
• Cadastral value - it is represented by the estimated amount, which carries the usefulness of a piece of land used for its intended purpose.
• Liquidation value - implies 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 evaluation activities.

A competent approach to any type of value will allow you to conduct an objective independent assessment that will 100% meet the basic principles of legislation.

All about appraisers

Appraisal activities are carried out by persons called appraisers, they are competent in this area and have a sufficient level of professionalism. When conducting evaluation 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 provided with complex services must have two or more specialists on staff who are competent in this area. These employees are insured.

According to the law, the appraiser has the right to:

• Independently solve the situation, refer to different existing methods
• Be guided by the object and lead necessary work in an independent aspect, while leaving the possibility of involving other persons
• Receive certain information necessary for an objective and qualitative assessment
• Request information that is needed for work, with the exception of what is a state secret
• Upon receipt of a refusal due to commercial or state secrets, the employee must note this as the reason for the impossibility of continuing work or the reason for issuing the necessary data
• If necessary, involve other specialists in the evaluation process
• Appraisers reserve the right to refuse work, but only with confirmation of the fact that the data is not enough, and other information cannot be provided by the state due to secrecy

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

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

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

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

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

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

• Creation and formation of a common approach
• Orientation and a clear structure of the activities of specialists of any purpose
• Worker coordination
• Creation of certain standards

In addition, in addition to the tasks solved by appraisers and other structures, both public and private, it is possible to single out 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 this event:

• Profitable. It combines the forecasting of the income received from the use of the object, which will be created based on the available data.
• Costly. Assumes the need to determine the future costs that will be needed for reproduction, as well as replacement. It is necessary to take into account the depreciation of the assessment, obsolescence. As a result, there may be costs to create an exact copy of the object, using certain technologies and tools. In this context, it is possible to single out costs of a different nature that play important role in many processes.
• Comparative approach. This method also used quite often, represented by a combination of methods, they are based on comparing the object with others, those that contain more authentic and reliable information. These characteristics are decisive in assessing the value of this object, since the final decision on the 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

Evaluation 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 the subjects themselves may not figure it out.

Soon, valuation activities began to develop in many countries as a methodological direction of the economy. In Russia for a long time there was no such profession as an appraiser, and the cost was estimated by the state, and it has always been so.

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

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

It is important to weigh the situation, correctly prioritize. In some periods, there were jumps 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 addition, the real estate market found itself in a new manifestation, which necessitated the creation of conditions for the work of appraisers - specialists who have a narrow focus and are still in great demand.

History has good pictures in the field of change with the situation, but at the present time it is also possible to make improvements and innovate in this area.

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

Other structures were also involved in the solution of this issue, but it is very important to note that individuals and law firms came to certain conclusions, and working through the state, created new bases. Thanks to this approach, it was possible to make an assessment with objects as reliably and smoothly as possible.

Since the law has entered into force, this contributes to the improvement of the base, and this condition is important for everything Russian market. It is important to further develop this direction in a new context. FZ-135 on valuation activity with the latest changes states that some changes have taken place in the region, 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 institute of an 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 the cost was gradually growing, and, despite the training in recent times 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 valuation is the awareness of companies that it is necessary to involve valuators to solve many problems.

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

In order to eliminate difficulties in modern development evaluation, it is important to address a number of aspects:

• Consider tactical and strategic objectives evaluation and performance 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 them, directing forces to improve the situation

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

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

It is widely considered that valuers are solely responsible for the results of the evaluation and for their own activities, as there is a risk of error and it is high.

If this happens, then customers will suffer damage, which can be 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 calculation, the client will be able to claim damages from the appraiser, and the appraiser is obliged to do so. Circumstances otherwise will be dealt with through litigation. As a result, this will lead to significant losses for all parties, cases of bankruptcy are not uncommon.

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

The norm of FZ 135 on valuation activities contains provisions that speak of, and is also aimed at protecting the interests of customers. This part is very important, as the law deals with the regulation of a new and complex area of ​​activity.

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

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

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

The valuation of certain objects is very important in the performance of economic transactions, in connection with this, it became necessary to carry out valuation 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 involved in transactions are established.

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The legislation governing 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.

The constituent entities of the Russian Federation regulate valuation activities in the manner prescribed by this Federal Law. If an international treaty of the Russian Federation establishes other rules 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 shall apply.

This Federal Law defines legal framework regulation of valuation activities in relation to objects of valuation owned by the Russian Federation, constituent entities of the Russian Federation or municipalities, individuals and legal entities, for the purposes of making transactions with objects of valuation.

For the purposes of this Federal Law, appraisal activity means the activity of subjects of appraisal activity aimed at establishing a market or other value in relation to objects of appraisal.

For the purposes of this Federal Law, the market value of an appraisal object means the most probable price at which this appraisal object can be alienated on the open market under competitive conditions, when the parties to the transaction act reasonably, having all the necessary information, and the value of the transaction price does not affect any or extraordinary circumstances, that is, when:

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

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

the object of evaluation is presented on open market in the form of a public offer;

the price of the transaction is a reasonable remuneration for the object of assessment and there was no coercion to conclude a transaction in relation to the parties to the transaction from either side;

payment for the object of assessment is expressed in monetary terms.

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

The objects of assessment include:

separate material objects (things);

a set of things constituting the property of a person, including property of a certain type (movable or immovable, including enterprises);

the right of ownership and other real rights to property or certain things from the composition of 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 assess 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 extends to re-evaluation of the object of appraisal. The results of the appraisal of the appraised object can be used to correct accounting and reporting data.

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

In the event that the normative legal act containing the requirement mandatory appraisal of any object of appraisal, or the contract on appraisal of the appraisal object (hereinafter referred to as the contract) does not define a specific type of value of the appraisal object, the market value of this object is subject to establishment.

The specified rule is also subject to application in the case of using in a regulatory legal act terms not provided for by this Federal Law or valuation standards that determine the type of value of the valuation object, including the terms " real value", "reasonable value", "equivalent value", "real value" and others.

The appraisal of appraisal objects is obligatory in case of involvement in the transaction of appraisal objects owned in whole or in part by the Russian Federation, constituent entities of the Russian Federation or municipalities. including:

when determining the value of appraisal objects owned by 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 objects of assessment belonging to the Russian Federation, constituent entities of the Russian Federation or municipalities, as a subject of pledge;

when selling or otherwise alienating objects of appraisal owned by the Russian Federation, constituent entities of the Russian Federation or municipalities;

when assigning debt obligations related to the objects of appraisal owned by the Russian Federation, constituent entities of the Russian Federation or municipalities;

when transferring objects of appraisal owned by the Russian Federation to constituent entities of the Russian Federation or municipalities, as a contribution to authorized capitals, funds of legal entities, as well as in the event of a dispute about the value of the appraisal object, including:

during the nationalization of property;

in mortgage lending to individuals and legal entities in cases of disputes over the value of the subject of 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 over the value of this property;

in case of redemption or other withdrawal of property from owners provided for by the legislation of the Russian Federation for state or municipal needs;

when assessing objects of assessment in order to control the correctness of paying taxes in the event of a dispute on the calculation of the taxable base.

This article shall not apply to relations arising from the disposal of state and municipal unitary enterprises and institutions with property assigned to them on the basis of the right of economic management or operational management, except for cases when the disposal of property in accordance with the legislation of the Russian Federation is allowed with the consent of the owner of this property.

The basis for the appraisal of the object of appraisal is the contract between the appraiser and the customer.

An agreement between the appraiser and the customer may provide for the appraiser to carry out an appraisal of a specific appraisal object, a number of appraisal objects, or long-term customer service at his request.

In cases stipulated by the legislation of the Russian Federation, the appraisal of the object of appraisal, including repeated appraisal, may be carried out by the appraiser on the basis of a court ruling, arbitration court, arbitration court, as well as by decision of the authorized body.

The court, arbitration court, arbitration court are independent in choosing an appraiser. The costs associated with the appraisal of the object of appraisal, as well as the monetary remuneration to the appraiser, are subject to reimbursement (payment) in the manner prescribed by the legislation of the Russian Federation.

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

The contract must contain:

grounds for concluding a contract;

type of object of assessment;

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

monetary reward for the assessment of the object of assessment;

information about appraiser's civil liability insurance.

The agreement must include information about the appraiser's license to carry out valuation activities, indicating the serial number and date of issue of this license, the authority that issued it, and the period for which this license was issued.

The appraisal agreement for both a single appraisal object and a number of appraisal objects must contain an exact indication of this appraisal object (objects of appraisal), as well as its (their) description.

In relation to the appraisal of appraisal objects owned by the Russian Federation, constituent entities of the Russian Federation or municipalities, the contract is concluded by the appraiser with a person authorized by the owner to make a transaction with appraisal objects, unless otherwise provided by the legislation of the Russian Federation.

Proper performance by the appraiser of his duties assigned to him by the contract is the timely preparation in writing and transfer to the customer of the report on the appraisal of the appraisal object (hereinafter referred to as the report).

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

If during the appraisal of the appraised object it is not the market value that is determined, but other types of value, the report must indicate the criteria for establishing the appraisal of the appraised object and the reasons for the deviation from the possibility of determining market value object of evaluation.

The report must include:

date of compilation and serial number of the report;

the basis for the appraiser to evaluate the object of appraisal;

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

an accurate description of the appraisal object, and in relation to the appraisal object owned by a legal entity, details of the legal entity and the book value of this appraisal object;

valuation standards for determining the appropriate type of value of the valuation object, the rationale for their use in the valuation of this valuation object, the list of data used in the valuation of the valuation object, indicating the sources of their receipt, as well as the assumptions made during the valuation of the valuation object;

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

date of determination of the value of the appraisal object;

list of documents used by the appraiser and establishing quantitative and quality characteristics object of evaluation.

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

For evaluation certain types objects of appraisal, the legislation of the Russian Federation may provide for special shapes reports.

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

The final value of the market or other value of the appraised object, indicated in the 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 making a transaction with the appraised object, if in the manner prescribed by the legislation of the Russian Federation, or in a judicial order is not otherwise established.

If there is a dispute about the reliability of the value of the market or other value of the appraisal object established in the report, including in connection with another report on the appraisal of the same object, the said 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 the dispute or contract or in the manner prescribed by the legislation of the Russian Federation governing valuation activities.

A court, an arbitration court, an arbitral tribunal shall have the right to oblige the parties to conclude a transaction at a price determined during the consideration of a dispute in a court session, 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 object of assessment in accordance with the assessment standards;

require from the customer, when conducting a mandatory assessment of the object of assessment, to ensure access in full to the documentation necessary for the implementation of this assessment;

receive clarifications and additional information necessary for the implementation of this assessment;

request in writing or orally from third parties the information necessary for the assessment of the object of assessment, with the exception of information that is a state or commercial secret; in the event that the refusal to provide the specified information significantly affects the reliability of the appraisal of the appraisal object, the appraiser indicates this in the report;

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

refuse to evaluate the appraised object in cases where the customer violated the terms of the contract, did not provide the necessary information about the appraised object, or did not provide the working conditions corresponding to the contract.

The appraiser must:

comply with the requirements of this Federal Law, as well as the regulatory legal acts of the Russian Federation and the regulatory legal acts of the constituent entities of the Russian Federation, adopted on the basis of it;

to inform the customer about the impossibility of his participation in the appraisal of the appraisal object due to the occurrence of circumstances that prevent an objective appraisal of the appraisal object;

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

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

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

not to disclose confidential information received from the customer during the appraisal of the appraisal object, except as otherwise provided by the legislation of the Russian Federation;

keep copies of the prepared reports for three years;

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

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

Valuation of the object of assessment is not allowed if:

in relation to the appraisal object, 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 an appraisal firm.

Intervention of the customer or other interested parties in the activities of the appraiser is not allowed if this may adversely affect the reliability of the result of the appraisal of the appraisal object, including limiting the range of issues to be clarified or determined during the appraisal of the appraisal object.

The amount of payment to the appraiser for the appraisal of the appraisal object cannot depend on the final value of the appraisal object.

Appraisers' civil liability insurance is a condition that ensures the protection of the rights of consumers of appraisers' 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 by the appraiser of his activities, established by a court decision that has entered into force, an arbitration court or an arbitration court.

The appraiser is not entitled 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 appraisal of the object of appraisal.

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

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

The functions of the authorized bodies are:

control over the implementation of valuation activities;

regulation of valuation activities;

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

approval of draft evaluation standards;

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

Valuation standards that are mandatory for use by valuation entities 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 vocational training appraisers; contribute to the development educational programs on professional training of appraisers;

develop own evaluation standards;

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

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

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

The body issuing a license to carry out valuation 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 valuation activities for individuals:

state registration as an individual entrepreneur;

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

Requirements for licensing valuation activities for legal entities:

state registration as a legal entity;

the presence in the staff of a legal entity of at least one employee who has a document on education confirming the acquisition 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, of the fact of state registration of an individual entrepreneur or legal entity as invalid;

recognition of an individual entrepreneur or legal entity as 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 appraiser's possession, which is individual entrepreneur, a document on education confirming the acquisition of professional knowledge in the field of valuation; if the appraiser is a legal entity - invalidating the document on the education of an employee of this legal entity, provided that he alone has a document on education confirming the acquisition of professional knowledge in the field of appraisal activities;

exit by this appraiser in his activities beyond the limits of the rights granted to him by a license to carry out appraisal activities;

non-compliance with the requirements established by the legislation of the Russian Federation;

decisions of the court, arbitration court, arbitration court.

An application for the revocation of a license to carry out valuation activities may be submitted by the authorized body, self-regulatory organizations, as well as other interested parties.

The list of grounds for the revocation of a license to carry out valuation 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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Federal Law No. 172-FZ "On amendments to certain legislative acts RF" signed by the President of Russia, despite numerous appeals from the appraisal community to Vladimir Putin with a request to reject the signing of the bill. The document introduces significant changes to Law N 135-FZ "On Valuation Activities in the Russian Federation".

Changes made to the law on valuation activities:

• mandatory qualifying exam;
• the mandatory examination of SROs of assessment reports was cancelled;
• introduced the responsibility of the customer for providing data on the object of assessment;
• the powers of the Council for Appraisal Activities under the Ministry of Economic Development of Russia have been changed.

The adoption of the law was commented by Irina Vishnevskaya, CEO Berkshire Advisory Group, uh Expert of the Working Body for Methodological Support and Expertise under the Council for Appraisal Activities of the Ministry of Economic Development of the Russian Federation, expert of the Working Body for the Protection of the Rights and Legitimate Interests of Appraisers and the SROO of the Council for Appraisal Activities of the Ministry of Economic Development of the Russian Federation:

“This is a law that the President of the Russian Federation has already signed, and in order to implement it, everyone will have to start working in a new way. A new era in the industry has begun. Reboot".

Mandatory qualifying exam. For all

The draft law establishes a mandatory qualification exam for all appraisers. An assessor who has higher education and/or completed professional retraining in the field of assessment. Exam frequency - every three years. After successfully passing the test, the appraiser will be able to work only in the areas indicated in the qualification certificate.

Oleinikov Vladimir, Partner, Head of the Financial Consulting Department of the SRG Group of Companies comments on the changes:

“In accordance with the new law, an appraiser can carry out appraisal activities only in the areas indicated in his qualification certificate. Thus, several areas will be singled out in the valuation activity - valuation of movable property, valuation of real estate, business valuation, etc. Previously, for example, an equipment appraiser who had never appraised a business could sign a shareholding appraisal report without possessing the required level of competence. With the introduction of a certification measure in areas, the appraiser will first have to confirm his expert level in the valuation of property of a certain type, after which he will be entitled to sign valuation reports.”

You can retake the exam no earlier than 90 days later. While the appraiser does not have a qualification certificate, he cannot become a member of the SROO, carry out appraisal activities and draw up appraisal reports.

“The mandatory examination means that the state has taken measures to clean up the market, as a result of which the number of appraisers in the country is expected to be reduced from 20,000 to about 4,000. Passing the exam will turn into a months-long “scourge”, similar to how auditors pass exams,” comments Irina Vishnevskaya.

Qualification certificate issued by the body authorized to conduct the qualification exam, provided that the applicant has passed the exam, and also has at least three years of work experience (experience) in the field of assessment. Moreover, at least a year of them - in the position of assistant appraiser or appraiser.

Oleinikov Vladimir assesses the introduction of requirements for the experience of an appraiser positively:

“The introduction of this measure is absolutely justified and is an indicator of an increase in the status of the profession. Previously, a university graduate who received a diploma of appraisal education and did not have a year of practice in appraisal activities could receive membership in the SRO and the status of an appraiser. Nothing prevented such an appraiser from signing reports on the valuation of the most complex property with a market value of over several billion rubles.

Which body will conduct the exam, how qualifications will be assessed and in what areas - is not indicated in the Federal Law. It should be noted that the lack of indication of specific areas creates the preconditions for the division of the profession into narrow specializations. Professionals practicing the valuation of several types of property will obviously be forced either to pass examinations in all areas, or to narrow the field of their professional activity. The adoption of this draft law will inevitably lead to an increase in the financial burden on appraisers.

“This is unlikely to lead to an increase in the cost of services,” notes Irina Vishnevskaya, “rather it means the limit of the market: firms of 1-2 people that exist as “showcases” on the Internet will unite. Consolidation will also affect companies with a name. Most likely, in the next Expert RA rating we will see completely different players in the appraisal market.”

The introduction of a mandatory qualification exam for appraisers was supported by Olga Kosets, President of the International Public Organization for Support and Protection of Small and Medium Businesses " Business people", the municipal deputy of Moscow:

“I believe that the state, as an interested party, has the right to make clear demands on the people who carry out the assessment. A mandatory exam will not only determine the level of qualification, but also stimulate the acquisition of an appropriate level of knowledge. The resistance and indignation of the expert community in this case is incomprehensible to me. If only because unscrupulous market participants, like a fly in the ointment in a barrel of honey, damage the image of appraisers in general. Although I share the concern of some specialists who believe that it will be possible to pass a qualification certificate “for money”.

Recall that the issues of determining the level of competence and professionalism of appraisers have recently been actively discussed within the framework of the Council for professional qualifications financial market, acting in order to fulfill the instructions of the President of Russia on the creation of a system independent evaluation qualifications. The professional standard "Specialist in appraisal activities" has been developed. At the moment, the professional standard is being tested, as well as the development evaluation tools qualification assessment centers.

Independent assessment of qualifications will be regulated by a special Federal Law "On Independent Assessment of Qualifications" (Draft Federal Law No. 1029618-6). Part 3 of Article 1 of the bill states:

Such a wording contradicts the position of the Constitutional Court of the Russian Federation, expressed in the decision of June 29, 2004 No. 13-P and establishing that the norms of the law that is specifically designed to regulate the relevant relations are recognized as priority. In addition, this provision of the draft law allows the priority of other normative legal acts of the Russian Federation over the law, which does not correspond to the constitutional principle of the supremacy of federal laws.

It is still difficult to say in what form the two systems for assessing the qualifications of appraisers will coexist: mandatory (provided for by the new edition of 135-FZ) and voluntary (within the framework of an independent assessment of qualifications).

Cancellation of the mandatory examination of SROs of evaluation reports

The decision to abolish the mandatory examination of SROs looks inconsistent: over the past few years, changes have been introduced aimed specifically at strengthening the responsibility of experts when conducting examinations of assessment reports.

2011-2013 - requirements for the level of knowledge of experts were developed and approved, a unified qualification exam was introduced to confirm their professionalism;

2014. - the responsibility of experts for possible losses to consumers has been increased to 5,000,000 rubles;

2015. - the subject of expertise has been changed: the duty of the expert has become to check the valuation report not only for its compliance with the requirements of the law, but also in terms of confirming the market value of the valuation object.

Irina Vishnevskaya believes that the abolition of mandatory expertise will inevitably lead to a decrease in the quality of evaluation reports:

“Due to the abolition of the mandatory examination of appraisal SROs, I expect a deterioration in the quality of services, due to the now lack of control of appraisers, especially regional ones, where the quality of examination has previously lagged significantly behind the standards of market leaders - large Moscow and St. Petersburg companies. As a result, we will see an increase in the number of complaints from consumers of services and imposed disciplinary actions, especially in connection with the tightening of requirements on the line disciplinary code SROO.
Given the massive privatization plan for 2016, a new threat is emerging. SRO expertise, which was previously mandatory, is no longer required, and as a result, the pressure of the state customer on appraisers, which has always been significant, but was limited to the argument that SROs will not miss the report, will disappear. Also, the self-regulation system, in addition to control functions, ensured the exchange of knowledge and training of appraisers. Now it won't."

Olga Kosets, on the contrary, is confident in the usefulness of abolishing the mandatory examination:

“My opinion is that the SRO institution has not taken root in our country today, its creation is premature. We are not ready to unite in professional communities for the sake of achieving state goals. Most often, SROs are an additional layer, as a result of which entrepreneurs incur additional costs. Mandatory examination, although it is free, has clear signs of corruption, so its abolition will be a positive factor.”

The state has long expressed dissatisfaction with the work of SRO experts, but systematically solved this problem, increasing the responsibility of experts. Now there is no mandatory examination at all. Who needed it? It is really difficult to ignore the fact that Irina Vishnevskaya pointed out: the abolition of the mandatory examination coincided with the upcoming large-scale privatization of state property.

Responsibility of the customer for providing data on the object of assessment

The draft law also contains positive changes, in particular, introduces the responsibility of the customer for providing data on the object of assessment. Previously, the appraiser and the self-regulatory organization that performed the examination were responsible for the objectivity of the assessment. However, the objectivity of the assessment, no doubt, is significantly affected by the completeness and reliability of the initial information, which in some cases was very problematic to learn from the customer.

“Any transaction involves the responsibility of two parties - the customer and the contractor, this particular point is now enshrined in law. Previously, all responsibility for the objectivity of the assessment was assigned to the appraiser and the SRO, which performed the examination of the report. To create a transparent procedure for property transactions, especially when we are talking about the state and municipal property, the initial data for the assessment received from the customer is a necessary item,” notes Olga Kosets.

The changes regarding customer liability are undoubtedly positive. Alina Tukhvatullina, a lawyer at FreshDoc.ru Document Constructor, believes that this norm cannot be called absolutely new:

“Amendments to the law on appraisal activities mainly affect the issues of appraisers' liability. But something is also provided for the customer of the assessment, a separate article in the law (15.2) will finally be devoted to him. The rights and obligations of the customer are discussed; highlighted, for example, the obligation of the customer to provide the appraiser with all the necessary information and documentation. Now the appraiser will be able to directly appeal to the obligation of the customer to contribute in every possible way to the assessment. Most likely, this norm cannot be called absolutely new, it is a question of clarifying the duties that existed before. After all, even now appraisers send a request to the customer to provide information on the object of appraisal, referring to Article 14 of the law on appraisal activities. But if now the provision of access to information that is a commercial secret depends on the goodwill of the customer, then the new law establishes the direct obligation of the customer to give access to documents that store trade secret. Now, in practice, our clients prescribe access to trade secrets in an agreement on the provision of valuation services or in a separate confidentiality agreement.”

According to Irina Vishnevskaya, the changes relating to the responsibility of the customer are unlikely to be fully applied:

“As for attempts to lay responsibility on the customer, I do not believe in the efficiency of this mechanism. If this is advertised as a way to relieve assessors of their responsibility for having to double-check facts and data, we will continue to do so.”

Powers of the Council for Appraisal Activities under the Ministry of Economic Development of Russia

The authority to review draft regulatory legal acts of the Russian Federation in the field of appraisal activity and submit recommendations for their approval is excluded from the powers of the Council for Appraisal Activities under the Ministry of Economic Development of Russia.

“The Council for Appraisal Activities under the Ministry of Economic Development of Russia is now an optional body,” explains Irina Vishnevskaya. “While further actions are not clear, the SROO will probably attempt to preserve it and legitimize the materials that are being developed there.”

The appraisal community fears that such changes may lead to a transition from self-regulation of appraisal activities (adoption of regulations taking into account the position of both the professional appraisal community and the opinion of consumers of appraisal services) to state regulation of this area.

Most of the provisions of the Law come into force on July 01, 2017. However, the document contains a reservation: for members of the SROO (for persons who are members as of 01/01/2017):

• the rule that “an appraiser can carry out appraisal activities in the areas specified in the qualification certificate” will be applied from April 01, 2018;
• the rule establishing a mandatory condition for membership in the SROO, in addition to the current requirements, namely the “availability of a qualification certificate”, has been applied since April 01, 2018.

On June 10, NP SRO "REDD" will hold a free open webinar on changes to the 135-FZ "On valuation activities in the Russian Federation".

The note presents comparative analysis 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 full comparative analysis of the changes made at the bottom of the article.

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

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

Information about attestation and obtaining a qualification certificate will be of most interest to you. Evaluators are interested in what will be the procedure, the conditions for passing the qualifying exam. 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.

To begin with, we have amended Article 4 135 of the federal law, which speaks of 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.

Article 21 details what a qualification certificate is and what are the conditions for obtaining it:

The difference from the previous edition is that now professional education appraisers will be carried out by educational institutions of higher education under the master's degree programs of vocational training for advanced training. This means that undergraduate education, which was previously allowed for assessors, is no longer allowed as of June 2, 2016. Individuals who complete 4th year course appraisers in the bachelor's 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.

With regard to the unified qualification exam, the legislator outlined in general terms how this will be carried out. At the moment, it is safe to divide the procedure for conducting the exam into two conditional blocks.

First block concerns directly admission to the qualification exam: here the requirements will be education, which should be higher or professional retraining in the field of valuation.

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

How to practice this rule will be implemented for young professionals is difficult to imagine, because there is no experience of passing exams. Answer to this question I will update this article as relevant information becomes available.

The qualification exam is conducted by an authorized body of the Government of the Russian Federation. This body authorized to conduct the examination is charged with the following functions: development of a list of examination questions, collection of fees for passing the examination, the procedure for conducting a qualifying examination, the procedure for filing an appeal against the applicant's participation and the procedure for determining the results. Today this ministry economic development 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 fails, the assessor 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 comes into effect from 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 the event of an unsuccessful attempt to pass the exam, the evaluators get no more than three attempts, and only if they retake the same day.

The legislator wrote in new edition of the law, refusal to issue a qualification certificate in the event that the education of a person does not meet the necessary conditions, or his experience does not correspond to the experience that is presented to him. And this can be found out after the evaluator has passed the exam. To avoid such unpleasant consequences, you will need to have a certificate confirmed by the necessary records in work book experience required by law. Supporting documents can also be 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.

Article 14, which speaks of the rights of the appraiser, includes the right of the appraiser to voluntarily suspend his appraisal activities. Based on the meaning of the law, the suspension of the right to carry out appraisal activities is not equal to the 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, a contribution to compensation fund is reserved for them, simply due to some life circumstances, they may temporarily not carry out valuation activities, which they declare in their SROO. But at the same time, they continue to pay membership fees, since they do not cease to be members of the self-regulatory organization of appraisers, and bear all the duties and rights that members of a self-regulatory organization have.

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 an application about it, then he will be able to terminate this membership. If he does not have a complaint that he received before he wrote the application, there is no procedure for disciplinary proceedings against him and if he does not have arrears in paying membership fees to a self-regulatory organization. And if earlier it was a practice that was used by many self-regulatory organizations by prescribing the conditions for suspension of membership in their regulations, now it is legally enshrined and has a mandatory rule.

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