On appraisal activities in the Russian Federation. Federal law on appraisal activities in the Russian Federation Article 4 fz 135 on appraisal activities
The federal law on appraisal 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 Appraisal and Appraisal Activities was adopted by the State Duma on July 16, 1998, and approved by the Federation Council on July 17, 1998. The last changes were made on July 29, 2017. The Valuation Law consists of 4 chapters and 26 articles. This law controls and regulates the legal relationship between the parties to the transaction in the evaluation of objects, and also regulates the evaluation of objects owned by individuals and legal entities, the state and subjects 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 sphere 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 assess objects and subjects belonging to them is given. Situations are described when the appraisal of the market value of an object is only supposed and when the appraisal must be carried out without fail;
- The second chapter describes the situations when the valuation activity in relation to objects and subjects is justified and legal. The conditions and requirements for the implementation of such activities have been formalized. A list of grounds and mandatory requirements is given. The requirements for the assessment report are described. Formed ways to confirm the reliability of the report. Describes how to file a complaint about the information provided in the report, if the person considers them invalid. Lists of rights and obligations of the appraiser are given. Information is provided on the independence of legal entities and appraisers with whom contracts are concluded. 17 article 2 of the chapter became invalid on July 27, 2006;
- Chapter three describes the processes, methods and measures to regulate valuation activities. A list of functions and powers of state bodies to control evaluation 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 professional training of appraisers, their career growth, advanced training, powers and responsibilities during the performance of duties has been drawn up. It is described what is a self-regulatory organization involved in the assessment, the goals and objectives of the organization, its functions and methods of carrying out activities. Register and accounting of such organizations. Chapter 3.1 describes and formalizes information on a separate category of activities carried out by civil servants of the cadastral valuation;
- Chapter four describes and analyzes 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 the Bar in the new edition, see
Recent amendments to the law
The last amendments to the law of the Russian Federation on valuation activities were made on July 29, 2017, when the Federal Law No. 274 was adopted. Changes were made to Art. 24.18 appraisal law. This article describes the methods and processes for resolving disputes about appraisal 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, changes have taken place in the first part of Article 24.18 . This part describes that persons can challenge the results of property valuation in cases where the rights and interests of these persons have been affected, and public authorities can challenge the valuation of real estate owned by the state. According to the amendments, the words were added that the cases described in this Federal Law are considered exceptions.
According to the latest amendment, added 28 part 24.18 article . In this part, it is written that state authorities of federal significance or local governments can challenge the decision of the evaluation commission in relation to the 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 land plot reports that the market value determined by the appraisal commission has been reduced, the authorities of the listed cities may 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, respectively, has shifted to 31 - 33. And in part 29 after the words “in court”, the phrase “on the grounds for their review, provided for by part eleven of this article”, was added.
In Art. 24 of the law on valuation activity 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;
- A person must have a certificate with information about the qualification obtained;
- A person should not have outstanding criminal records, especially in the field of economics. There should also be no crimes of average gravity, grave or especially grave crimes.
In order to join and be a member of a self-regulatory organization, a person is obliged to provide documents on obtaining secondary and higher education, on completed professional training courses and other documents on gaining knowledge in the field of valuation activities. A certificate with information on the absence or presence of a criminal record is also provided. In a self-regulatory organization, documents are submitted to a collegiate 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 admitted to any organization due to violations committed under this Federal Law, other Federal Laws or international treaties;
- The person does not meet the requirements and conditions issued independently by the body in the self-regulatory organization.
If an appraiser has been accepted by a self-regulatory organization and recognized as its member, he may no longer join other such organizations. In order 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 subjects and the owners of these objects and subjects. If a citizen believes that during the assessment or after receiving the report, his rights were violated, then the person can apply either immediately to the judicial authorities or to local governments (only in cases of land assessment). 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 a better outcome, it is recommended to study this law.
The final document drawn up based on the results of determining the value of the appraisal object, regardless of the type of value determined, is a report on the appraisal of the appraisal object (hereinafter also referred to as the report).
The report is drawn up on paper and (or) in the form of an electronic document in accordance with the requirements of federal valuation standards, regulatory legal acts of the authorized federal body that performs the functions of legal regulation of valuation activities.
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 necessary for a complete and unambiguous interpretation of the results of the appraisal of the appraisal included in the report.
The report must include:
Date of compilation and serial number of the report;
The basis for the appraiser to evaluate the object of appraisal;
Information about the appraiser or appraisers who conducted the appraisal, including last name, first name and (if available) patronymic, contact phone number, postal address, e-mail address of the appraiser and information about the appraiser's membership in a self-regulatory organization of appraisers;
Information about the independence of the legal entity with which the appraiser has entered into an employment contract, and the appraiser in accordance with the requirements of Article 16 of this Federal Law;
The purpose of the assessment;
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, if available, the book value of this appraisal object;
Appraisal standards for determining the value of the appraisal object, a list of data used in the appraisal of the appraisal object with an indication of the sources of their receipt, assumptions adopted in the appraisal of the appraisal object;
The sequence of determining the value of the appraisal object and its final value, restrictions and limits for the application of the result obtained;
Date of determining the value of the appraisal object;
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 completeness of the reflection of the method used by him to calculate the cost of a particular object of appraisal.
For the assessment of certain types of objects of assessment, the legislation of the Russian Federation may provide for special forms of reports.
The report must be page numbered, bound (except when the report is in the form of an electronic document), signed by the appraiser or appraisers who performed the appraisal, and sealed with the personal seal of the appraiser or appraisers or with the seal of the legal entity with which the appraiser or appraisers entered into an employment contract.
The report drawn up in the form of an electronic document must be signed with an enhanced qualified electronic signature in accordance with the legislation of the Russian Federation.
In the cases provided for by this Federal Law, the regulatory legal acts of the authorized federal body exercising the functions of the legal regulation of valuation activities, the report is subject to publication in the manner established by the authorized federal body exercising the functions of the regulatory legal regulation of valuation activities.
Judicial practice under article 11 of the Federal Law of July 29, 1998 No. 135-FZ
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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 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 four 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.
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Article 4. Subjects of appraisal activity
Subjects of appraisal activities are 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 may carry out appraisal activities independently, engaging in private practice, as well as on the basis of an employment contract between an 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 01.07.17) For persons who are members of the SROO as of 01.01.17, this part comes into force from 01.04.2018
Article 21 details what a qualification certificate is and what are the conditions for obtaining it:
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Article 21. Professional training of appraisers
Professional appraisal training
is carried out by public or private educational institutions specially created for this purpose, or on the basis of faculties (departments, departments) of public or private educational institutions that have the right to provide such training in accordance with the legislation of the Russian Federation
Article 21 shall be stated in the following wording:
Professional training of appraisers is carried out by educational organizations of higher education under the programs of magistracy, professional retraining, advanced training"
The difference from the previous edition is that now the professional training of appraisers will be carried out by educational institutions of higher education under the Master's program of professional 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 the 4-year undergraduate appraiser's professional appraisal course should take care to upgrade 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 may be included in the expert council of a self-regulatory organization of appraisers only if he passes a unified qualification exam in accordance with the requirements for the level of knowledge required by the federal appraisal standard for 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 appraisal standard.
The Unified Qualification Examination is conducted by educational organizations of higher education registered in the territory of the Russian Federation and accredited by the authorized federal body exercising the functions of supervising the activities of self-regulatory organizations of appraisers.
The list of examination questions for conducting a unified qualification exam, the procedure and conditions for accreditation of educational institutions of higher education that conduct a unified qualification exam, the procedure for conducting and passing a unified qualification exam, including the procedure for filing and considering appeals, are approved by the authorized federal body that performs functions according to the normative legal regulation of valuation activities.
For taking the unified qualification exam, the applicant may be charged a fee, the amount and procedure for charging which are established by educational institutions of higher education that conduct the unified qualification exam. The maximum amount of the fee charged from the applicant for taking the unified qualification exam is established by the authorized federal body exercising the functions of normative legal regulation of valuation activities.
Article 21.1 shall be stated in the following wording:
The qualification exam in the field of appraisal activities (hereinafter referred to as the qualification exam) is conducted by the 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 qualification. The list of examination questions for the qualification examination is formed by the body authorized to conduct the qualification examination. The procedure for compiling a list of examination questions, conducting and passing a qualification exam, which includes, among other things, the procedure for an applicant to participate in a qualification exam, the procedure for determining the results of a qualification exam, the procedure for filing and considering appeals, is approved by the authorized federal body that performs the functions of legal regulation of valuation activities .
An applicant may be charged a fee for taking a qualification exam, the amount and procedure for collecting which are established by the body authorized to conduct the qualification exam. The maximum amount of the fee charged from the applicant for taking the qualification exam is established by the authorized federal body exercising the functions of legal regulation of valuation activities. An applicant who has received higher education and (or) professional retraining in the field of valuation is allowed to the qualification exam.
The applicant is allowed to retake the qualifying exam no earlier than in ninety days.
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
It is difficult to imagine how this rule will be implemented for young professionals in practice, because there is no experience of passing exams. The answer to this question will be updated in 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 exam is charged with the functions of developing a list of examination questions, charging fees for passing the exam, the procedure for conducting a qualifying exam, 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, and will establish the basic rules for 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, in the period 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 prescribed in the new version of the law the 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 the length of service confirmed by the necessary entries in the work book, as required by law. Employment contracts either part-time or at the main place of work can also be supporting documents. 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 object of assessment in accordance with the assessment standards;
require from the customer when carrying out
mandatory assessment of the object of assessment ensuring 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; if the refusal to provide the specified information
significantly affects the reliability of the assessment of the object of assessment, 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 assess the object of assessment in cases where the customer violated the terms of the contract, did not provide the necessary
information about the appraisal object or did not provide the working conditions corresponding to the contract; demand reimbursement of expenses associated with the evaluation of the appraisal object, and monetary remuneration for the appraisal of the appraisal object as determined by the court, arbitration court or arbitration court.
Article 14 shall be supplemented with the following paragraph:
"voluntarily suspend the right to carry out valuation activities upon a personal application sent to the self-regulatory organization of appraisers, in the manner established by the internal documents of the self-regulatory organization of appraisers"
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, the contribution to the compensation fund is retained for them, simply due to some life circumstances, they may temporarily not carry out appraisal 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.
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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) part two shall be supplemented with a paragraph as follows: “availability of a qualification certificate”;
9. The membership of an appraiser in a self-regulatory organization of appraisers is terminated
collegiate governing body
self-regulatory organization of appraisers on the basis of:
applications of the appraiser on withdrawal from the members of the self-regulatory organization of appraisers;
approval by the collegiate governing body of the self-regulatory organization of appraisers of the decision to exclude a person from the membership of the self-regulatory organization of appraisers.
b) in paragraph one of part nine, the word "appraiser" shall be deleted
c) add new parts ten and eleven as follows:
“Membership of a person in a self-regulatory organization of appraisers cannot be terminated before the end of the audit in the event that the said self-regulatory organization receives a complaint against him, if in relation to a member of the self-regulatory organization
organization of appraisers, an audit is being carried out or a case is being considered on the application of a disciplinary measure, and in case of violations, until the end of the consideration by the disciplinary committee of the case on violation and the application of a disciplinary measure.
An entry on the 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 the event 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, 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 many self-regulatory organizations used 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.
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Article 15. Rights and obligations of the customer
ratings - previously absent
supplement Article 15 2 with the following content:
When conducting an assessment, the customer of the assessment has the right to:
require and receive from the appraisal company, the appraiser justification of the conclusions based on the results of the appraisal;
receive from the appraisal company,
the appraiser's appraisal report within the period established by the appraisal contract;
exercise other rights arising from the contract for the assessment.
When conducting an assessment, the customer of the assessment is obliged to:
assist the appraisal company,
the appraiser in the timely and complete assessment, create appropriate conditions for this, provide the necessary information and documentation, give, at the oral or written request of the appraisal company, appraiser
comprehensive explanations and
confirmations in oral and written form, as well as request the information necessary for the assessment from third parties;
not take any action aimed at concealing
(limitation of access) to information and documentation requested by the appraisal company, appraiser. Availability in
requested by the appraisal company,
appraiser to assess
information and documentation of information containing commercial secrets cannot be grounds for refusing to provide them;
timely pay for the services of the appraisal company, appraiser in accordance with the appraisal contract, including if the results of the appraisal are not consistent with the position of the appraiser;
comply with the requirements of this
federal law, federal
valuation standards and other obligations arising from the valuation contract
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Article 16.2. Expert of the self-regulatory organization of appraisers
An expert of a self-regulatory organization of appraisers who is a member of the expert council of a self-regulatory organization of appraisers is a member of a self-regulatory organization of appraisers who has passed a unified qualification exam and was elected to the expert council of a self-regulatory organization of appraisers by a general meeting of members of a 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 by the words "the person who passed the qualification exam in the field of valuation and was elected"
(as amended by the Federal Laws of December 21, 2001 N 178-FZ,
dated 03/21/2002 N 31-FZ, dated 11/14/2002 N 143-FZ,
dated 10.01.2003 N 15-FZ, dated 27.02.2003 N 29-FZ,
dated 08/22/2004 N 122-FZ, dated 01/05/2006 N 7-FZ,
dated 07/27/2006 N 157-FZ, dated 02/05/2007 N 13-FZ,
dated 13.07.2007 N 129-FZ, dated 24.07.2007 N 220-FZ)Chapter I. GENERAL PROVISIONS
Article 1. Legislation regulating valuation activities in the Russian Federation
N 157-FZ)
Valuation activities are carried out in accordance with the international treaties of the Russian Federation, this Federal Law, as well as other federal laws and other regulatory legal acts of the Russian Federation that regulate relations arising in the course of valuation activities.
Article 2. Relations regulated by this Federal Law
This Federal Law defines the legal framework for the 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, as well as for other purposes.
N 143-FZ)
Article 3. The concept of valuation activities
For the purposes of this Federal Law, appraisal activity is understood as the professional activity of the subjects of appraisal activity aimed at establishing a market or other value in relation to objects of appraisal.
(As amended by Federal Law No. 157-FZ of July 27, 2006)
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 valuation object is presented on the open market through a public offer typical for similar valuation objects;
(as amended by Federal Law No. 143-FZ of November 14, 2002)
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.
Article 4. Subjects of appraisal activity
(As amended by Federal Law No. 157-FZ of July 27, 2006)
Subjects of appraisal activities are individuals who are members of one of the self-regulatory organizations of appraisers and who have insured their liability in accordance with the requirements of this Federal Law (hereinafter referred to as appraisers).
An appraiser may carry out appraisal activities independently, engaging in private practice, as well as on the basis of an employment contract between an appraiser and a legal entity that meets the conditions established by Article 15 1 of this Federal Law.
Article 5. Objects of evaluation
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.
Article 6
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.
Article 7
In the event that a regulatory legal act containing a requirement for the mandatory assessment of an appraisal object, or an agreement on the appraisal of an appraisal object (hereinafter referred to as the contract) does not specify a specific type of appraisal object value, the market value of this object is subject to establishment.
This rule shall also be applied 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 object of valuation, including the terms "actual value", "reasonable value", "equivalent value", "real value". "and others.
Article 8
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 assessment 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 in the event of a dispute over the value of the object of assessment, 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 does not apply to relations arising from the disposal of state and municipal unitary enterprises, state and municipal institutions of property assigned to them in economic management or operational management, except in cases where the disposal of property in accordance with the legislation of the Russian Federation is allowed with the consent of the owner this property, as well as relations arising in the event of the disposal of state or municipal property during the reorganization of state and municipal unitary enterprises, state and municipal institutions, and in cases established by the Federal Law "On the Peculiarities of Management and Disposition of Railway Transport Property" and the Federal Law " On the peculiarities of management and disposal of property and shares of organizations operating in the field of the use of atomic energy, and on amendments to certain laws dative acts of the Russian Federation".
(as amended by Federal Laws No. 178-FZ of 21.12.2001, No. 29-FZ of 27.02.2003, No. 13-FZ of 05.02.2007)
Chapter II. GROUNDS FOR APPRAISAL ACTIVITIES AND CONDITIONS FOR ITS IMPLEMENTATION
Article 9
The basis for the assessment is the contract for the assessment of the objects specified in Article 5 of this Federal Law, concluded by the customer with the appraiser or with the legal entity with which the appraiser has concluded an employment contract.
N 157-FZ)
Part two N 157-FZ.
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 monetary remuneration to the appraiser, are subject to reimbursement (payment) in the manner prescribed by the legislation of the Russian Federation.
Article 10. Mandatory requirements for an appraisal contract
(As amended by Federal Law No. 157-FZ of July 27, 2006)
The contract for the assessment is concluded in a simple written form.
The valuation agreement must contain:
The appraisal agreement concluded by the customer with a legal entity must contain information about the appraiser or appraisers who will conduct the appraisal, including the last name, first name, patronymic of the appraiser or appraisers.
The contract for the assessment of both a single object and a number of objects must contain an exact indication of this object or these objects, as well as a description of this object or these objects.
In relation to the valuation of objects owned by the Russian Federation, constituent entities of the Russian Federation or municipalities, an agreement for the valuation on behalf of the customer is concluded by a person authorized by the owner to make transactions with objects, unless otherwise provided by the legislation of the Russian Federation.
Article 11. General requirements for the content of the assessment report of the object of assessment
Part one is no longer valid. - Federal Law of July 27, 2006 N 157-FZ.
The appraisal report of the appraised object (hereinafter referred to as the report) should not allow ambiguous interpretation or be 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.
(as amended by the Federal Law of July 27, 2006 N 157-FZ
If during the appraisal of the appraisal object, not the market value is determined, but other types of value, the report must indicate the criteria for establishing the appraisal of the appraisal object and the reasons for the deviation from the possibility of determining the market value of the appraisal object.
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 appraiser's location and information about the appraiser's membership in a self-regulatory organization of appraisers;
(as amended by the Federal Laws of November 14, 2002 N 143-FZ, of July 27, 2006 N 157-FZ)
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;
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 completeness of the reflection of the method used by him to calculate the value of a particular object of appraisal.
For the assessment of certain types of objects of assessment, the legislation of the Russian Federation may provide for special forms of reports.
The report must be page numbered, stitched, signed by the appraiser or appraisers who performed the appraisal, and also sealed with the personal seal of the appraiser or the seal of the legal entity with which the appraiser or appraisers have entered into an employment contract.
(part seven as amended by Federal Law No. 157-FZ of July 27, 2006)
Article 12
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.
For the consideration by arbitration courts of cases on challenging the valuation of property made by an independent appraiser, see the information letter of the Supreme Arbitration Court of the Russian Federation dated May 30, 2005 N 92.
Article 13. Disputability of the information contained in the report
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.
Article 14. Rights of the appraiser
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 conduct an appraisal of 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;
demand reimbursement of expenses associated with the evaluation of the appraisal object, and monetary remuneration for the appraisal of the appraisal object as determined by the court, arbitration court or arbitration court.
(the paragraph was introduced by Federal Law No. 143-FZ of November 14, 2002)
Article 15. Obligations of the appraiser
(As amended by Federal Law No. 157-FZ of July 27, 2006)
The appraiser must:
be a member of one of the self-regulatory organizations of appraisers;
comply with the requirements of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, federal valuation standards, as well as standards and rules for valuation activities approved by the self-regulatory organization of appraisers, of which he is a member, when carrying out valuation activities;
comply with the rules of business and professional ethics established by the self-regulatory organization of appraisers (hereinafter referred to as the rules of business and professional ethics), of which he is a member, as well as pay fees established by such a self-regulatory organization of appraisers;
inform the customer or the legal entity with which he has concluded an employment contract about the impossibility of his participation in the assessment due to the occurrence of circumstances that prevent an objective assessment;
ensure the safety of documents received from the customer and third parties during the assessment;
provide the customer with information about membership in a self-regulatory organization of appraisers;
provide the self-regulatory organization of appraisers with information on the legal entity with which he has concluded an employment contract, including information on the compliance of such a legal entity with the conditions established by Article 15 1 of this Federal Law, as well as information on any changes to this information;
submit, at the request of the customer, an insurance policy and a document confirming the acquisition of professional knowledge in the field of appraisal activities;
not to disclose confidential information received from the customer in the course of the assessment, except as otherwise provided by the legislation of the Russian Federation;
in cases stipulated by the legislation of the Russian Federation, provide copies of the stored reports or the information contained in them to law enforcement, judicial, other authorized state bodies at their request;
at the request of the customer, provide an extract certified by the self-regulatory organization of appraisers from the register of members of the self-regulatory organization of appraisers, of which he is a member.
Article 15 1 . Obligations of the legal entity with which the appraiser has concluded an employment contract
N 157-FZ)
A legal entity that intends to conclude an appraisal agreement with a customer must:
Article 16. Independence of the appraiser
The valuation of the valuation object cannot be carried out by the appraiser if he is a founder, owner, shareholder, official or employee of a legal entity - customer, a person who has a property interest in the valuation object, or is closely related or related to the said persons.
(part one as amended by Federal Law No. 157-FZ of July 27, 2006)
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 a participant (member) or a creditor of a legal entity - the customer, or such legal entity is a creditor or insurer of the appraiser.
(As amended by Federal Law No. 157-FZ of July 27, 2006)
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.
Article 16 1 . Lost strength. - Federal Law of July 27, 2006 N 157-FZ.
Article 17 Lost strength. - Federal Law of July 27, 2006 N 157-FZ.
Chapter III. REGULATION OF EVALUATION ACTIVITIES
Article 18
(As amended by Federal Law No. 157-FZ of July 27, 2006)
State regulation of valuation activities and the activities of self-regulatory organizations of appraisers in terms of supervision and legal regulation is carried out by federal executive bodies authorized by the Government of the Russian Federation (hereinafter referred to as authorized federal bodies).
Regulation of appraisal activities is carried out by the National Council for Appraisal Activities (hereinafter also referred to as the National Council) in terms of developing federal appraisal standards, self-regulatory organizations of appraisers in terms of developing and approving standards and rules for appraisal activities. Control over the implementation by members of the self-regulatory organization of appraisers of appraisal activities is carried out by these organizations.
Article 19. Functions of authorized federal bodies
(As amended by the Federal Law of July 27, 2006 N 157-FZ, of July 13, 2007 N 129-FZ)
The functions of the authorized federal bodies are:
development of state policy in the field of valuation activities;
legal regulation in the field of valuation activities, approval of federal valuation standards;
maintaining a unified state register of self-regulatory organizations of appraisers;
supervising the fulfillment by self-regulatory organizations of appraisers of the requirements of this Federal Law;
applying to the court with an application for the exclusion of a self-regulatory organization of appraisers from the unified state register of self-regulatory organizations of appraisers.
Article 20
(As amended by Federal Law No. 157-FZ of July 27, 2006)
The standards for valuation activities define the requirements for the procedure for conducting an valuation and carrying out valuation activities.
Valuation standards are divided into federal valuation standards and standards and rules for valuation activities.
Federal valuation standards are developed by the National Council taking into account international valuation standards.
The developed federal valuation standards are sent by the National Council for approval to the authorized federal body that performs the functions of legal regulation of valuation activities. The authorized federal body exercising the functions of legal regulation of valuation activities, no later than sixty working days from the date of receipt of federal valuation standards, must approve them or issue a reasoned refusal in writing.
The authorized federal body exercising the functions of legal regulation of valuation activities has the right to refuse to approve federal valuation standards if they do not comply with the requirements of the Constitution of the Russian Federation, international treaties of the Russian Federation, this Federal Law.
The approved federal valuation standards are subject to publication by the authorized federal body exercising the functions of the legal regulation of valuation activities, in the manner established by the Government of the Russian Federation, and posting on the official website of the authorized federal body exercising the functions of the regulatory legal regulation of valuation activities, in the network " Internet".
The standards and rules for valuation activities are developed and approved by a self-regulatory organization of appraisers and cannot contradict federal valuation standards.
Article 21. Professional training of appraisers
Professional training of appraisers is carried out by higher public or private educational institutions specially created for this purpose, or on the basis of faculties (departments, departments) of higher public or private educational institutions that have the right to provide such training in accordance with the legislation of the Russian Federation.
Article 22. Self-regulatory organization of appraisers
(As amended by Federal Law No. 157-FZ of July 27, 2006)
A self-regulatory organization of appraisers is a non-profit organization established for the purpose of regulating and controlling appraisal activities, included in the unified state register of self-regulatory organizations of appraisers and uniting appraisers on the terms of membership.
The status of a self-regulatory organization of appraisers is acquired by a non-profit organization in accordance with the provisions of this article from the date of its inclusion in the unified state register of self-regulatory organizations of appraisers.
The basis for inclusion of a non-profit organization in the unified state register of self-regulatory organizations of appraisers is the fulfillment by it of the following requirements:
Employees of a self-regulatory organization of appraisers are not entitled to carry out appraisal activities.
The self-regulatory organization of appraisers is obliged to take timely measures to prevent the emergence of a conflict of interest between the self-regulatory organization of appraisers and its members, as well as to resolve such a conflict in a timely manner.
The liquidation of a non-profit organization that has the status of a self-regulatory organization of appraisers is carried out in accordance with the legislation on non-profit organizations. A representative of the National Council must be included in the liquidation commission of a non-profit organization that has the status of a self-regulatory organization of appraisers.
A non-profit organization that has the status of a self-regulatory organization of appraisers cannot be reorganized.
Article 22 1 . Functions of a self-regulatory organization of appraisers
(Introduced by Federal Law No. 157-FZ of July 27, 2006)
The functions of the self-regulatory organization of appraisers are:
development and approval of standards and rules for valuation activities, rules of business and professional ethics;
development and approval of the rules and conditions for admission of appraisers to the self-regulatory organization, additional requirements for the procedure for ensuring the property liability of its members in the implementation of appraisal activities, establishing the amount of membership fees and the procedure for their payment;
representing the interests of its members in their relations with federal government bodies, government bodies of the constituent entities of the Russian Federation, local governments, as well as with international professional organizations of appraisers;
admission to membership and expulsion from members of a self-regulatory organization of appraisers on the grounds provided for by this Federal Law and internal documents of a self-regulatory organization of appraisers;
control over the implementation of valuation activities by its members in terms of their compliance with the requirements of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, federal valuation standards, standards and rules for valuation activities, as well as rules of business and professional ethics;
maintaining a register of members of a self-regulatory organization of appraisers and providing information contained in this register to interested parties in the manner established by the authorized federal body exercising the functions of legal regulation of appraisal activities;
organization of information and methodological support for its members;
implementation of other functions established by this Federal Law.
Article 22 2 . Basic rights and obligations of a self-regulatory organization of appraisers
(Introduced by Federal Law No. 157-FZ of July 27, 2006)
The self-regulatory organization of appraisers has the right to:
represent the interests of its members in their relations with federal government bodies, government bodies of the constituent entities of the Russian Federation, local governments, as well as with international professional organizations of appraisers;
challenge in court the acts of federal state authorities, state authorities of the constituent entities of the Russian Federation, local governments and actions (inaction) of these bodies that violate the rights and legitimate interests of all or part of their members.
The self-regulatory organization of appraisers is obliged to:
comply with the requirements of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation;
form a compensation fund to ensure the responsibility of its members to consumers of services in the field of valuation activities and third parties;
exercise control over compliance by its members with the requirements of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, federal valuation standards, standards and rules for valuation activities, as well as rules of business and professional ethics;
apply disciplinary measures provided for by this Federal Law and internal documents of a self-regulatory organization of appraisers in relation to its members;
notify the authorized federal body exercising the functions of supervising the activities of self-regulatory organizations of appraisers about the occurrence of its non-compliance with the requirements provided for by part three of Article 22 of this Federal Law within ten days from the date of detection of such non-compliance;
refuse to accept appraisers as members of a self-regulatory organization in the cases established by this Federal Law;
expel appraisers from members of the self-regulatory organization of appraisers on the grounds provided for by this Federal Law and internal documents of the self-regulatory organization of appraisers, for violation of the requirements of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, federal valuation standards, standards and rules for valuation activities, as well as rules of business and professional ethics;
maintain a register of members of a self-regulatory organization of appraisers and provide information contained in this register to interested parties in the manner established by the authorized federal body exercising the functions of legal regulation of appraisal activities;
organize professional retraining of appraisers.
Article 22 3 . Disclosure of information by a self-regulatory organization of appraisers
(Introduced by Federal Law No. 157-FZ of July 27, 2006)
The self-regulatory organization of appraisers is obliged to post on the official website of the self-regulatory organization of appraisers on the Internet:
founding documents;
standards and rules for valuation activities, as well as rules of business and professional ethics;
regulations on the collegiate management body of the self-regulatory organization of appraisers, on the structural unit exercising control over the valuation activities of members of the self-regulatory organization of appraisers, on the body for considering cases on the application of disciplinary sanctions against members of this organization (hereinafter referred to as the disciplinary committee), on other bodies and structural units and information on the composition of such bodies and units;
a register of members of a self-regulatory organization of appraisers, including information about each of its members (last name, first name, patronymic; information intended to establish contact; seniority, experience in appraisal activities; information on the facts of the application of disciplinary sanctions, if any);
a list of persons whose membership in the self-regulatory organization of appraisers has been terminated, including persons expelled from the self-regulatory organization of appraisers for violating the requirements of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, federal valuation standards, standards and rules for valuation activities, rules business and professional ethics, for the last three years of activity of the self-regulatory organization of appraisers;
information on the non-compliance of the self-regulatory organization of appraisers with the requirements established by part three of Article 22 of this Federal Law (including information on the date of occurrence of the non-compliance of the self-regulatory organization of appraisers with the specified requirements, on the measures taken and (or) planned by the self-regulatory organization of appraisers to eliminate such non-compliance);
rules and conditions for admission of appraisers to the self-regulatory organization, the amount of membership fees and the procedure for their payment, additional requirements for the procedure for ensuring the property liability of its members in the course of appraisal activities;
information about the reports of its members. The composition and terms of placement of such information are determined by the internal documents of the self-regulatory organization of appraisers in accordance with paragraph two of part three of this article;
information on the compensation fund, including information on the monetary value of the compensation fund, on the investment declaration of the compensation fund, on the facts of foreclosure on the compensation fund;
information about the management company with which the agreement on trust management of the compensation fund has been concluded (including information about its name, location, license and information intended to establish contact);
information about the specialized depository with which the depository agreement has been concluded (including information about its name, location, license and information intended to establish contact);
information on compulsory liability insurance contracts of members of a self-regulatory organization of appraisers and information on insurers with whom such contracts have been concluded (including information on their names, their location, licenses and information intended to establish contact);
information on the acquisition by officials or employees of the self-regulatory organization of appraisers or their affiliates of securities, the issuers or debtors of which are legal entities with which members of the self-regulatory organization of appraisers have concluded labor contracts;
information on the results of inspections of the activities of members of the self-regulatory organization of appraisers;
information about the occurrence of a conflict of interest between the self-regulatory organization of appraisers and its members.
The self-regulatory organization of appraisers is obliged to post on the official website of the self-regulatory organization of appraisers on the Internet all changes made to the documents, or changes to the information specified in part one of this article, no later than the day following the day when such changes were accepted, occurred or became known to the self-regulatory organization of appraisers.
The self-regulatory organization of appraisers is obliged to develop and approve a regulation on the disclosure of information, which establishes:
the procedure for reporting to the self-regulatory organization of appraisers by its members, the scope of the content of such reporting;
the amount of published information about the reports of members of the self-regulatory organization of appraisers;
the procedure for providing information contained in the register of members of the self-regulatory organization of appraisers, at the request of citizens and legal entities;
other requirements not contradicting this article.
Article 23
(As amended by the Federal Law of July 27, 2006 N 157-FZ, of July 13, 2007 N 129-FZ)
A non-profit organization that satisfies the requirements of part three of Article 22 of this Federal Law is entitled to submit to the authorized federal body exercising the functions of supervising the activities of self-regulatory organizations of appraisers an application for its inclusion in the unified state register of self-regulatory organizations of appraisers.
The authorized federal body exercising the functions of supervising the activities of self-regulatory organizations of appraisers makes a decision to include or refuse to include a non-profit organization in the unified state register of self-regulatory organizations of appraisers within seven days from the date of submission of the following documents by this non-profit organization:
application for inclusion in the unified state register of self-regulatory organizations of appraisers;
notarized copies of constituent documents;
a notarized copy of the certificate of registration of the non-profit organization with the tax authority;
copies of education documents certified by the non-profit organization, confirming that its members have acquired professional knowledge in the field of appraisal activity in accordance with educational programs of higher professional education, additional professional education or professional retraining programs for specialists in the field of appraisal activity;
copies of the regulations on the collegiate management body, on the structural unit exercising control over the evaluation activities of members of such an organization, and on the disciplinary committee, certified by the non-profit organization;
copies of the standards and rules of valuation activities certified by a non-profit organization;
copies certified by a non-profit organization;
copies of documents certified by a non-profit organization confirming the formation of a compensation fund in the amount established by this Federal Law;
certified by the non-profit organization copies of applications of its members to join this organization;
a copy of the register of members of the non-profit organization certified by the non-profit organization.
The decision of the authorized federal body exercising the functions of supervising the activities of self-regulatory organizations of appraisers on the inclusion or refusal to include a non-profit organization in the unified state register of self-regulatory organizations of appraisers shall be sent in writing to this non-profit organization within seven days from the date of the adoption of the relevant decision.
The decision of the authorized federal body exercising the functions of supervising the activities of self-regulatory organizations of appraisers to refuse to include a non-profit organization in the unified state register of self-regulatory organizations of appraisers may be taken on the following grounds:
the non-profit organization does not comply with one of the requirements provided for by part three of Article 22 of this Federal Law;
the non-profit organization has not submitted the documents provided for by paragraph two of this article or has submitted documents containing false information.
The decision to refuse to include a non-profit organization in the unified state register of self-regulatory organizations of appraisers may be appealed by this non-profit organization to an arbitration court.
The exclusion of a self-regulatory organization of appraisers from the unified state register of self-regulatory organizations of appraisers is carried out by the authorized federal body exercising the functions of supervising the activities of self-regulatory organizations of appraisers, if this organization has filed an application for its exclusion from the specified register, or in the event of liquidation of a non-profit organization with the status self-regulatory organization of appraisers.
In other cases, the authorized federal body exercising the functions of supervising the activities of self-regulatory organizations of appraisers applies to the arbitration court with an application to exclude the self-regulatory organization of appraisers from the unified state register of self-regulatory organizations of appraisers. The basis for applying to the arbitration court is:
the non-compliance of the self-regulatory organization of appraisers with one of the requirements stipulated by the third part of Article 22 of this Federal Law revealed by the results of the audit;
non-compliance by the self-regulatory organization of appraisers with the requirements to eliminate the violations identified by the authorized federal body exercising the functions of supervising the activities of self-regulatory organizations of appraisers and the violations specified in the prescription within the time limits established by it.
Article 24. Requirements for membership in a self-regulatory organization of appraisers
(As amended by the Federal Law of July 27, 2006 N 157-FZ, of July 13, 2007 N 129-FZ)
An appraiser can simultaneously be a member of only one self-regulatory organization of appraisers that meets the requirements of this Federal Law.
To become a member of a self-regulatory organization of appraisers, an individual shall submit:
a document on education confirming the acquisition of professional knowledge in the field of appraisal activity in accordance with educational programs of higher professional education, additional professional education or professional retraining programs for specialists in the field of appraisal activity;
The self-regulatory organization of appraisers, when accepting individuals as members of the self-regulatory organization of appraisers, has the right to present other requirements related to the appraiser's performance of appraisal activities and not contradicting this Federal Law and other federal laws.
The collegial management body of the self-regulatory organization of appraisers shall decide on the compliance of the person with the requirements established by parts two and three of this article within seven days from the date of receipt of the application and the necessary documents from such a person.
A person in respect of whom a decision has been made on his compliance with the requirements established by parts two and three of this article shall be considered accepted as a member of a self-regulatory organization of appraisers, and information about such a person shall be entered in the register of members of a self-regulatory organization of appraisers within three days from the date such person submits an agreement compulsory liability insurance that meets the requirements established by this Federal Law, and the payment of contributions established by the self-regulatory organization of appraisers. Such a person, within ten days from the date of entering information about him in the register of members of the self-regulatory organization of appraisers, is issued a document confirming membership in the self-regulatory organization of appraisers.
The grounds for refusal to accept a person as a member of a self-regulatory organization of appraisers are:
non-compliance of the person with the requirements of this article;
non-compliance of the person with the requirements approved by the self-regulatory organization of appraisers for membership in the self-regulatory organization of appraisers;
exclusion of a person from the membership of another self-regulatory organization of appraisers for violation of the requirements of this Federal Law, regulatory legal acts of the Russian Federation adopted in accordance with it and federal valuation standards, if less than three years have passed from the date of exclusion from the members of a self-regulatory organization of appraisers.
A person who has been denied admission to a self-regulatory organization of appraisers has the right to appeal such a refusal to an arbitration court.
The membership of an appraiser in a self-regulatory organization of appraisers shall be terminated by the collegiate governing body of the self-regulatory organization of appraisers on the basis of:
applications of the appraiser on withdrawal from the members of the self-regulatory organization of appraisers;
approval by the collegiate governing body of a self-regulatory organization of appraisers of a decision to expel an appraiser from the members of a self-regulatory organization of appraisers in connection with his violation of the requirements of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, federal valuation standards, standards and rules for valuation activities, as well as rules business and professional ethics.
A person in respect of whom a decision has been made to terminate membership in a self-regulatory organization of appraisers is obliged to notify the fact of termination of his membership in a self-regulatory organization of appraisers and the impossibility of signing a report on the valuation of a customer under an valuation agreement or a legal entity with which an employment contract has been concluded.
The self-regulatory organization of appraisers, no later than the day following the day when the collegiate governing body of the self-regulatory organization of appraisers makes a decision to terminate the appraiser's membership in the self-regulatory organization of appraisers, is obliged to post such a decision on the official website of the self-regulatory organization of appraisers on the Internet, and also send copies of such a decision:
a person in respect of whom a decision has been made to terminate membership in a self-regulatory organization of appraisers;
a legal entity with which the person has concluded an employment contract, in cases where information on the concluded employment contract was previously submitted to the self-regulatory organization of appraisers;
to all self-regulatory organizations entered in the unified state register of self-regulatory organizations of appraisers, if the collegiate management body of the self-regulatory organization of appraisers approves the decision to exclude the appraiser from the members of the self-regulatory organization of appraisers in connection with his violation of the requirements of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation Federation, as well as federal assessment standards;
The National Council in the event that the collegiate governing body of a self-regulatory organization of appraisers approves a decision to expel an appraiser from a self-regulatory organization of appraisers in connection with his violation of the requirements of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, federal valuation standards, standards and rules for valuation activities, as well as the rules of business and professional ethics.
The composition of the information included in the register of members of a self-regulatory organization of appraisers in accordance with the requirements of this Federal Law, and the procedure for maintaining this register by the self-regulatory organization of appraisers and placing the information contained in the register in public information systems are approved by the authorized federal body exercising the functions of normative and legal regulation of appraisal activities.
Based on the provisions of this Federal Law, the information contained in the register of members of the self-regulatory organization of appraisers is provided at the request of citizens, legal entities in the manner determined by the internal documents of the self-regulatory organization of appraisers. The term for providing such information may not exceed seven days from the date of receipt of the relevant request.
The formation procedure, structure, competence and term of office of the bodies of the self-regulatory organization of appraisers, the procedure for making decisions by these bodies are established by internal documents of the self-regulatory organization of appraisers in accordance with this Federal Law and other federal laws.
The general meeting of members of a self-regulatory organization of appraisers is the supreme governing body of the self-regulatory organization of appraisers, which considers issues within its competence by this Federal Law and other federal laws.
The general meeting of members of the self-regulatory organization of appraisers is convened at least once a year in the manner prescribed by the charter.
The exclusive competence of the general meeting of members of the self-regulatory organization of appraisers includes the following issues:
approval of the regulation on the collegiate governing body of the self-regulatory organization of appraisers, the formation of the collegiate governing body of the self-regulatory organization of appraisers, the adoption of decisions on the early termination of the powers of the collegiate governing body of the self-regulatory organization of appraisers or on the early termination of the powers of its members;
approval of the regulation on the disclosure of information by the self-regulatory organization of appraisers;
approval of the regulation on the disciplinary committee, formation of the disciplinary committee, decision-making on the early termination of its powers or on the early termination of the powers of its members;
approval, in the manner and with the frequency established by the charter, of the reports of the collegiate governing body of the self-regulatory organization of appraisers and its executive body on the results of financial, economic and organizational activities of the self-regulatory organization of appraisers;
approval of the regulation on membership in a self-regulatory organization of appraisers;
making decisions on the voluntary liquidation of a non-profit organization and the appointment of a liquidator or a liquidation commission.
The procedure for holding general meetings of members of a self-regulatory organization of appraisers, the procedure for forming the agenda of meetings, determining the quorum, the conditions and procedure for voting are determined by the self-regulatory organization of appraisers independently in the charter.
The collegial governing body of a self-regulatory organization of appraisers shall be composed of at least seven people.
The exclusive competence of the collegiate governing body of the self-regulatory organization of appraisers includes:
approval of standards and rules for valuation activities, rules of business and professional ethics;
admission to membership in a self-regulatory organization of appraisers and termination of membership in a self-regulatory organization of appraisers;
formation of committees provided for by internal documents of the self-regulatory organization of appraisers, making decisions on the early termination of the powers of such committees or on the early termination of the powers of their members, approval of regulations on the structural unit exercising control over the valuation activities of members of the self-regulatory organization of appraisers, and on other committees;
approval of the investment declaration of the compensation fund;
approval of the regulation on the procedure for exercising control over the valuation activities of members of the self-regulatory organization of appraisers;
other issues related by the charter to the exclusive competence of the collegiate governing body of the self-regulatory organization of appraisers.
Not more than twenty-five percent of the members of the collegiate management body of a self-regulatory organization of appraisers must be persons who are not members of the self-regulatory organization of appraisers and (or) their affiliates.
Members of the collegiate governing body of a self-regulatory organization of appraisers cannot be elected to the disciplinary committee.
The person exercising the functions of the sole executive body of the self-regulatory organization of appraisers, the persons who are members of the collegial executive body of management of the self-regulatory organization of appraisers, are not entitled to:
establish legal entities or be members of the management bodies of legal entities engaged in valuation activities, their subsidiaries and affiliates;
conclude employment contracts with legal entities that have concluded employment contracts with members of the self-regulatory organization of appraisers, as well as with their subsidiaries and affiliates;
conclude civil law contracts, including contracts for the provision of services for a fee, the customer for which is a member of a self-regulatory organization of appraisers.
To ensure its activities, the self-regulatory organization of appraisers forms:
a structural subdivision exercising control over the appraisal activities of members of a self-regulatory organization of appraisers;
disciplinary committee and expert council;
(as amended by Federal Law No. 220-FZ of July 24, 2007)other bodies and structural subdivisions determined by the internal documents of the self-regulatory organization of appraisers.
The expert council of the self-regulatory organization of appraisers carries out an examination of reports on the valuation of securities, as well as an examination of other types of reports of appraisers in accordance with the legislation of the Russian Federation.
(Part twelve was introduced by Federal Law No. 220-FZ of July 24, 2007)Approval of the regulation on the expert council of the self-regulatory organization of appraisers, formation of the expert council, decision-making on the early termination of its powers or the powers of its members shall be within the exclusive competence of the general meeting of members of the self-regulatory organization of appraisers.
(Part thirteen was introduced by Federal Law No. 220-FZ of July 24, 2007)The expert council of a self-regulatory organization of appraisers is formed mainly from members of a self-regulatory organization consisting of at least seven people.
(Part fourteen was introduced by Federal Law No. 220-FZ of July 24, 2007)Control over the implementation of valuation activities by members of the self-regulatory organization of appraisers is carried out by its relevant structural unit, consisting of employees of the self-regulatory organization of appraisers, by conducting scheduled and unscheduled inspections.
The subject of a scheduled inspection is compliance by members of a self-regulatory organization of appraisers with the requirements of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, federal valuation standards, standards and rules for valuation activities, as well as business and professional ethics rules, additional requirements for the procedure for ensuring property liability appraisers in the implementation of appraisal activities. The duration of a scheduled inspection should not exceed thirty days.
A scheduled inspection is carried out at least once every three years and not more than once a year.
The grounds for an unscheduled inspection by a self-regulatory organization of appraisers may be a substantiated complaint sent to the self-regulatory organization of appraisers about the violation by the appraiser of the requirements of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, federal valuation standards, standards and rules for valuation activities, as well as business rules. and professional ethics.
The internal documents of the self-regulatory organization of appraisers may provide for other grounds for conducting an unscheduled inspection.
In the course of an unscheduled inspection, only the facts indicated in the complaint or the facts subject to verification appointed on other grounds are subject to investigation.
The appraiser is obliged to provide the necessary information for the audit at the request of the self-regulatory organization of appraisers in the manner determined by the internal documents of the self-regulatory organization of appraisers.
If a violation is detected, the materials of the check are transferred to the disciplinary committee.
The self-regulatory organization of appraisers, as well as its employees and officials participating in the audit, are responsible for non-disclosure and non-distribution of information obtained during its conduct, in accordance with this Federal Law and other federal laws.
The Disciplinary Committee is obliged to consider complaints against the actions of members of a self-regulatory organization of appraisers and cases of violation by its members of the requirements of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, federal valuation standards, standards and rules for valuation activities, as well as rules of business and professional ethics , requirements for making mandatory contributions to the self-regulatory organization of appraisers and additional requirements for the procedure for ensuring the property liability of appraisers in the course of appraisal activities.
The procedure for considering these complaints and cases and the content of these violations are determined by the internal documents of the self-regulatory organization of appraisers.
When considering complaints against the actions of members of a self-regulatory organization of appraisers, the disciplinary committee is obliged to invite to its meetings the persons who filed such complaints, as well as members of the self-regulatory organization of appraisers, in respect of which cases on the application of disciplinary sanctions are being considered.
The Disciplinary Committee has the right to decide on the application of the following disciplinary sanctions:
issuance of an order obliging a member of the self-regulatory organization of appraisers to eliminate the identified violations and establishing a time frame for the elimination of such violations;
issuing a warning to a member of a self-regulatory organization of appraisers;
the imposition of a fine on a member of the self-regulatory organization of appraisers in the amount established by the internal documents of the self-regulatory organization of appraisers;
other measures established by internal documents of the self-regulatory organization of appraisers.
The decisions provided for in paragraphs two to four and six of part four of this article shall enter into force from the moment they are adopted by the disciplinary committee. The decision provided for in paragraph five of part four of this article may be adopted by at least seventy-five percent of the votes of the members of the disciplinary committee present at its meeting, and shall enter into force from the moment it is approved by the collegiate governing body of the self-regulatory organization of appraisers.
The self-regulatory organization of appraisers, within two working days from the day the disciplinary committee makes a decision to apply a disciplinary sanction to a member of the self-regulatory organization of appraisers, sends copies of such a decision to the member of the self-regulatory organization of appraisers and the person who filed the complaint on which such a decision was made.
The decisions of the disciplinary committee may be appealed by members of the self-regulatory organization of appraisers to the collegiate governing body of the self-regulatory organization of appraisers within the time limits established by the self-regulatory organization of appraisers.
The decision of the collegiate governing body of a self-regulatory organization of appraisers to approve the recommendation of the disciplinary committee to expel a person from the members of the self-regulatory organization of appraisers may be appealed by the person expelled from the members of the self-regulatory organization of appraisers to an arbitration court within three months from the date of adoption of such a decision.
Monetary funds received by a self-regulatory organization of appraisers as a result of imposing a fine on a member of a self-regulatory organization of appraisers in accordance with this article shall be credited to the compensation fund of the self-regulatory organization of appraisers.
Supervision over the activities of self-regulatory organizations of appraisers is carried out by conducting scheduled and unscheduled inspections by the authorized federal body exercising the functions of supervising the activities of self-regulatory organizations of appraisers.
A scheduled inspection of the activities of a self-regulatory organization of appraisers is carried out once every two years in accordance with a plan approved by the authorized federal body exercising the functions of supervising the activities of self-regulatory organizations of appraisers.
The decision to conduct an unscheduled audit of the activities of a self-regulatory organization of appraisers is made by the authorized federal body exercising the functions of supervising the activities of self-regulatory organizations of appraisers, on the basis of applications from legal entities, individuals, federal government bodies, government bodies of the constituent entities of the Russian Federation, local authorities, law enforcement bodies on violation by the self-regulatory organization of appraisers or its members of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation.
During the audit of the activities of a self-regulatory organization of appraisers, the authorized federal body exercising the functions of supervising the activities of self-regulatory organizations of appraisers has the right to request from a specialized depository that has concluded a depositary agreement with a self-regulatory organization of appraisers information on the monetary value of its compensation fund.
The authorized federal body exercising the functions of supervising the activities of self-regulatory organizations of appraisers shall notify the self-regulatory organization of appraisers in writing of its decision, made on the basis of the materials of the audit, no later than three days from the date of adoption of such a decision.
In the event of a violation of the requirements established by part three of Article 22 of this Federal Law, the authorized federal body exercising the functions of supervising the activities of self-regulatory organizations of appraisers applies to the arbitration court with an application to exclude the self-regulatory organization of appraisers from the unified state register of self-regulatory organizations of appraisers.
If other violations are discovered, the authorized federal body exercising the functions of supervising the activities of self-regulatory organizations of appraisers shall send an order to the self-regulatory organization of appraisers to eliminate the identified violations within a reasonable time.
The order of the authorized federal body exercising the functions of supervising the activities of self-regulatory organizations of appraisers to eliminate the identified violations may be appealed by the self-regulatory organization of appraisers to an arbitration court.
In the event of non-compliance within the established time limit with the order to eliminate the identified violations, the authorized federal body exercising the functions of supervising the activities of self-regulatory organizations of appraisers shall apply to the arbitration court with an application to exclude the self-regulatory organization of appraisers from the unified state register of self-regulatory organizations of appraisers.
A self-regulatory organization of appraisers that has revealed its non-compliance with the requirements of part three of Article 22 of this Federal Law shall have the right to send to the authorized federal body exercising the functions of supervising the activities of self-regulatory organizations of appraisers a written statement about the identified non-compliance with its description, indicating information about the date of its occurrence and about the measures taken and (or) planned by the self-regulatory organization of appraisers to eliminate it.
Within two months after the receipt by the authorized federal body exercising the functions of supervising the activities of self-regulatory organizations of appraisers, an application about the identified non-compliance, a self-regulatory organization of appraisers cannot be excluded from the unified state register of self-regulatory organizations of appraisers on the basis specified in the application. If, after the expiration of the specified period, the self-regulatory organization of appraisers does not submit to the authorized federal body exercising the functions of supervising the activities of self-regulatory organizations of appraisers, evidence of the elimination of the identified discrepancy, the authorized federal body exercising the functions of supervising the activities of self-regulatory organizations of appraisers shall apply to the arbitration court with an application to exclude the self-regulatory organization of appraisers from the unified state register of self-regulatory organizations of appraisers.
A self-regulatory organization of appraisers shall be considered excluded from the unified state register of self-regulatory organizations of appraisers from the date of entry into force of the decision of the arbitration court on its exclusion from the said register.
Appraisers who were members of a self-regulatory organization of appraisers excluded from the unified state register of self-regulatory organizations of appraisers have the right to join other self-regulatory organizations of appraisers.
Within three months from the date of exclusion of the self-regulatory organization of appraisers from the unified state register of self-regulatory organizations of appraisers, appraisers who were its members and who did not join other self-regulatory organizations of appraisers are entitled to carry out valuation activities only under agreements concluded before the date of exclusion of the self-regulatory organization of appraisers from the unified state register self-regulatory organizations of appraisers.
Losses caused to the customer who has concluded an appraisal agreement, or property damage caused to third parties as a result of using the final value of the market or other value of the appraisal object indicated in the report signed by the appraiser or appraisers, shall be reimbursed in full at the expense of the property of the appraiser or appraisers, caused by their actions (inaction) losses or property damage in the course of appraisal activities, or at the expense of the property of a legal entity with which the appraiser has concluded an employment contract.
The legal entity with which the appraiser has concluded an employment contract may indicate in the appraisal contract the conditions for assuming an obligation to additionally secure the appraiser's obligation to compensate for losses caused to the customer who entered into the appraisal contract, or property damage caused to third parties.
In order to ensure the property liability of the members of the self-regulatory organization of appraisers to the customer and (or) third parties that have entered into an appraisal agreement, the self-regulatory organization of appraisers is obliged to present to its members requirements for the use of the following types of security for such liability:
The object of insurance under the contract of compulsory liability insurance of the appraiser in the course of appraisal activity (hereinafter referred to as the contract of compulsory liability insurance) are property interests associated with the risk of liability of the appraiser (insured) for obligations arising from causing damage to the customer who entered into the contract for the appraisal, and (or ) to third parties.
An insured event under a compulsory liability insurance contract is the fact of causing damage by the actions (inaction) of the appraiser as a result of violation of the requirements of federal appraisal standards, standards and rules of appraisal activities established by the self-regulatory organization of appraisers, of which the appraiser was a member, established by an effective decision of an arbitration court or recognized by the insurer. at the time of damage.
In the event of an insured event, the insurer makes an insurance payment in the amount of the real damage caused to the customer and (or) a third party, established by the decision of the arbitration court that has entered into legal force, but not more than in the amount of the sum insured under the contract of compulsory liability insurance.
The contract of compulsory liability insurance is concluded for a period of at least one year with the condition of compensation for damage caused during the period of validity of the contract of compulsory liability insurance, within the limitation period established by the legislation of the Russian Federation.
The insurance rate under a compulsory liability insurance contract may be determined by insurers depending on the appraiser's length of service in appraisal activities, the number of previous insured events and other circumstances affecting the degree of risk of causing damage.
The compulsory liability insurance contract may provide for the payment by the appraiser of the insurance premium in installments and the terms for paying insurance premiums.
The date of payment of the insurance premium (insurance premium) is the day of payment of the insurance premium (insurance premium) in cash to the insurer or the day of transfer of the insurance premium (insurance premium) to the settlement account of the insurer.
The contract of compulsory liability insurance shall enter into force from the moment of payment by the insured of the first insurance premium, unless otherwise provided by the legislation of the Russian Federation.
Control over the implementation of compulsory liability insurance by its members is carried out by a self-regulatory organization of appraisers, which has the right to establish additional requirements that do not contradict the legislation of the Russian Federation for contracts of compulsory liability insurance concluded by members of such a self-regulatory organization of appraisers.
The compensation fund of a self-regulatory organization of appraisers (hereinafter referred to as the compensation fund) is a separate property owned by a self-regulatory organization of appraisers on the basis of ownership and initially formed exclusively in cash from the mandatory contributions of its members.
It is not allowed to release a member of a self-regulatory organization of appraisers from the obligation to make contributions to the compensation fund, including offsetting his claims against a self-regulatory organization of appraisers.
The fact of the occurrence of an insured event under a compulsory liability insurance contract established by the decision of the arbitration court or recognized by the insurer shall be considered the basis for foreclosure on the compensation fund.
A claim to receive a compensation payment from the compensation fund may be submitted to a self-regulatory organization of appraisers only if the following conditions are met:
to compensate for the damage caused by the appraiser, there are not enough funds received under the contract of compulsory liability insurance;
the appraiser refused to satisfy the claim of the customer or a third party for damages, or the customer or a third party did not receive from him within a reasonable time a response to the claim.
A claim for compensation for damage at the expense of the compensation fund may be submitted to a self-regulatory organization of appraisers, of which the appraiser is or was a member at the time the damage was caused.
It is not allowed to make payments at the expense of the compensation fund (including the return of their contributions to members of the self-regulatory organization of appraisers), with the exception of payments in order to ensure the property liability of members of the self-regulatory organization of appraisers to customers or third parties.
The compensation fund cannot be levied on the obligations of a self-regulatory organization of appraisers, as well as on the obligations of members of a self-regulatory organization of appraisers, if the occurrence of such obligations is not related to the implementation of the type of activity regulated by it.
The amount of compensation payment at the expense of the compensation fund at the request or claims of customers or third parties to one appraiser for one insured event may not exceed six hundred thousand rubles.
The self-regulatory organization of appraisers, in order to place the funds of the compensation fund in order to preserve and increase them, concludes an agreement on trust management of such a fund with the management company.
The management company is obliged to take all necessary actions to prevent violations of the requirements established by this Federal Law for the placement of compensation fund funds and conclude an agreement with a specialized depository, with which an agreement has been concluded by a self-regulatory organization of appraisers.
The specialized depository exercises control over the management company's compliance with restrictions on the placement of compensation fund funds, the rules for placing these funds and the requirements for their placement established by this Federal Law and the investment declaration adopted by the self-regulatory organization of appraisers.
The specialized depository shall notify the self-regulatory organization of appraisers and the authorized federal body exercising the functions of supervising the activities of self-regulatory organizations of appraisers of all cases of violation of the requirements established by this Federal Law for the placement of compensation fund funds.
The management company and the specialized depository are selected based on the results of a tender held in accordance with the procedure established by the internal documents of the self-regulatory organization of appraisers.
The income received from the placement of the funds of the compensation fund is used to replenish this fund and cover the costs associated with ensuring proper conditions for the placement of such funds.
The funds of the compensation fund are placed by the management company in accordance with the investment declaration adopted by the self-regulatory organization of appraisers, and subject to the restrictions established by this article. Not less than forty percent of these funds must be placed in government securities of the Russian Federation, and no more than forty percent of these funds may be placed in shares of Russian issuers circulating on the organized securities market, created in the form of open joint-stock companies, or investment shares. funds.
It is not allowed to place more than five percent of the funds of the compensation fund in the shares of one issuer, as well as to place the funds of the compensation fund in promissory notes, securities not traded on the organized securities market, and foreign securities.
In order to ensure public interests, form uniform approaches to the implementation of valuation activities, develop a unified position of appraisers on the regulation of their activities, coordinate the activities of self-regulatory organizations of appraisers, as well as for the purpose of interaction of self-regulatory organizations of appraisers with federal government bodies, government bodies of the constituent entities of the Russian Federation , local governments and consumers of services in the field of appraisal activities, self-regulatory organizations of appraisers form the National Council.
The National Council is recognized as a non-profit organization that was created by self-regulatory organizations of appraisers, registered by an authorized federal body that exercises the functions of supervising the activities of self-regulatory organizations of appraisers, and whose members are more than fifty percent of self-regulatory organizations of appraisers, uniting more than fifty percent of all appraisers.
A non-profit organization that meets the requirements of part two of this article is subject to registration as the National Council after three days from the date of submission to the authorized federal body exercising the functions of supervising the activities of self-regulatory organizations of appraisers, the following documents:
application for registration as a National Council;
duly certified copies of constituent documents;
certified by the non-profit organization copies of applications for membership in the non-profit organization of all its members.
The main functions of the National Council are:
discussion of issues of state policy in the field of valuation activities;
representing the interests of self-regulatory organizations of appraisers in federal government bodies, government bodies of the subjects of the Russian Federation, local government bodies;
formation of proposals on the development of state policy in the field of valuation activities;
formation of proposals for improving the legal and economic regulation of valuation activities;
protection of the rights and legitimate interests of self-regulatory organizations of appraisers;
development of federal evaluation standards;
implementation of a preliminary examination of the regulatory legal acts of the Russian Federation that regulate appraisal activities;
consideration of draft regulatory legal acts of the Russian Federation regulating valuation activities, and submission of recommendations for their approval by the authorized federal body exercising the functions of legal regulation of valuation activities;
consideration of educational programs of educational institutions providing professional training for specialists in the field of valuation activities, and recommendation of such programs for approval;
development of professional retraining programs for appraisers;
creation of an all-Russian arbitration court in the field of appraisal activity;
consideration of appeals, petitions, complaints of self-regulatory organizations of appraisers, consumers of services in the field of appraisal activity, appraisers.
In order to implement the functions established by this Federal Law, a collegiate management body is formed in the National Council, which must include one representative from each self-regulatory organization of appraisers that is a member of the National Council.
No more than twenty-five percent of the composition of the collegial management body of the National Council should be independent experts, consumers of services in the field of appraisal activities, representatives of the scientific and pedagogical community and other persons who are not members or representatives of members of self-regulatory organizations of appraisers.
The chairman of the collegiate governing body of the National Council is elected at its first meeting from among its members.
The chairman of the collegiate governing body of the National Council cannot be representatives of federal state authorities, state authorities of the constituent entities of the Russian Federation, local self-government bodies.
A collegial executive management body is formed in the National Council, the numerical and personal composition of which is approved by the collegiate management body of the National Council.
Persons who are members of the collegiate executive body of the National Council, as well as its employees, are not entitled to:
establish legal entities engaged in valuation activities, or be members of the management bodies of such legal entities, their subsidiaries and affiliates;
conclude employment contracts with members of self-regulatory organizations of appraisers.
Self-regulatory organizations of appraisers have the right to form unions (associations) in accordance with the legislation of the Russian Federation on non-profit organizations.
Chapter IV. FINAL PROVISIONS
Article 25. Entry into force of this Federal Law
This Federal Law shall enter into force on the day of its official publication.
Documents on education confirming the acquisition of professional knowledge in the field of valuation, issued before the entry into force of this Federal Law, shall be brought into line with the norms of this Federal Law no later than July 1, 2000.
Article 26
Propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring their regulatory legal acts in line with this Federal Law.
The president
Russian Federation
B. YELTSINThe 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 party. 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 series of design work, the cost of acquiring a land plot, carrying out installation, interior finishing work, and so on. Investment value is the price of a property for a particular investor. In this case, the 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 valuation 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 field 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 carry out the 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 FZ 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, one can single out other costs that 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 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 to grow in terms of conducting assessment activities, since it is necessary to create a special mechanism for working 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 the process of development of valuation activities, there was a need for narrow specialists 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 resolving this issue, but it is very important to note that individuals and legal companies came to one or another conclusion, 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 the entire Russian market. It is important to further develop this direction in a new context. FZ-135 on valuation activities 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 valuation has gradually increased, 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 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 the difficulties in the modern development of evaluation, it is important to address a number of aspects:
- Consider the tactical and strategic objectives of the assessment and activities 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.
Real estate appraisal is a demanded service in economic transactions 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 creating optimal conditions for conducting valuation 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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Decision dated October 5, 2019 in case No. А39-1688/2019
Arbitration Court of the Republic of Mordovia (AC of the Republic of Mordovia)
Loan under an interest-free loan agreement dated September 27, 2016, w/n; 9.02.11. 2016 - provision of a loan under an interest-free loan agreement dated 02.11. 2016 w / n; 10.29.11. 2016 - payment for furniture under contract No. 2 of 08.11. 2016; eleven . 29.11. 2016 - payment for cleaning services...
Decision dated October 3, 2019 in case No. А51-10431/2019
Arbitration Court of Primorsky Territory (AC Primorsky Territory)
000 rubles of expenses for paying for courier services, a penalty accrued on the amount of insurance compensation of 6,000 rubles in the amount of 1% for each day of delay, starting from 13.11. 2018 until the day of the actual fulfillment of the obligation, 2,000 rubles of expenses for a pre-trial claim, 3,000 rubles of legal expenses for paying for the services of a representative, 860 rubles of expenses for scanning ...
Ruling dated October 2, 2019 in case No. А32-51567/2017
Arbitration Court of the North Caucasus District (FAS SKO)
Special Enforcement Proceedings of the Office of the Federal Bailiff Service for the Krasnodar Territory Vlasenko M.N. (hereinafter referred to as the bailiff) on the invalidation of the decision of the bailiff dated 16.11. 2017 on the acceptance of the results of the assessment based on the report on the assessment of the seized property dated October 31, 2017 No. 921-SP. To participate in the case as third parties, not ...
Ruling dated October 1, 2019 in case No. А56-14254/2017
Letunovsky V.V. and Evdokimova A.V. by power of attorney dated October 25, 2018; from Goryachy A.I.: the representative of Logacheva N.Yu. by proxy dated 14.11. 2017; from Kuzmin V.A.; representative Logacheva H.Yew. by power of attorney dated 10.10.017; from other persons: did not appear, notified; having heard in open court the appeals...
Decision dated October 1, 2019 in case No. А24-2952/2019
Arbitration Court of the Kamchatka Territory (AC of the Kamchatka Territory)
After examining the case materials, evaluating the evidence presented in accordance with Article 71 of the Arbitration Procedure Code of the Russian Federation, the arbitration court comes to the following conclusion. As follows from the case file, 28.11. 2018 The Commission of the Federal Antimonopoly Service of Russia for the Kamchatka Territory made a decision on the case of violation of antimonopoly legislation No.
Resolution of September 30, 2019 in case No. А56-35272/2019
Thirteenth Arbitration Court of Appeal (13 AAS)
Limited Liability Company "School Catering Plant" (LLC "KShP") (address: Russia, 187403, Leningrad Region, Volkhovsky District, Volkhov, Volkhovsky Ave., 9, room 2. 11, OGRN: 1134715000925) and individual entrepreneur Smirnov Ivan Andreevich (OGRNIP: 315470200002329) (hereinafter also referred to as the Entrepreneur). By the decision of the Arbitration Court dated July 19, 2019, the stated requirements were denied. Solution provided...
