The estimated activity in the Russian Federation: regulation and organization. Federal law on appraisal activity

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2018-03-18 13:40:16

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Monitoring and evaluation activity represents the professional work directed on establishment of investment, liquidation, market, cadastral or other value prescribed by the regulations. It can perform a competent physical persons, the insured liability. Citizen can work independently as a private entity and in accordance with the employment contract. appraisal activities

135-FZ "On appraisal activities"

The Normative act establishes the legal framework for working with objects belonging to the state, region, MOE, organizations and citizens. The estimated activity in the Russian Federation is also regulated by other documents, including international treaties. Let us consider the main provisions 135-FZ "About estimated activity".

Facilities

The Estimated activity in the Russian Federation with respect to:

  1. The Rights of the requirement, obligations (debts).
  2. Separate material objects (things).
  3. Property Rights and other legal options on the property or some of its components.
  4. A set of things (movable and immovable).
  5. Papers, information, and services.
  6. Other objects of civil rights involved in accordance with the rules in circulation.

The Right to procedure

Of the Russian Federation, its subjects or MO, as well as organizations and physical persons may engage competent persons to carry out their evaluations of any objects belonging to them, on the terms and on the grounds established in this Law. This right is considered absolute. It does not depend on the execution order of the statistical, accounting and financial reporting, as defined in the regulations. The right extends to the implementation of re-evaluation. The results of the procedure can be used when adjusting the information of financial statements. In case of disagreement, stakeholders can appeal the findings in accordance with rules of order. FZ on valuation activities

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Fulfill

A Normative act "On valuation activities in the Russian Federation" defines the conditions under which the procedure is performed forcibly. In particular, it is mandatory if the turnover of the involved objects, wholly or partially owned by the state, MO or regions. The estimated activity is:

  1. The Use of the property as the subject of collateral agreement.
  2. Sale or other alienation of objects.
  3. The Assignment of the obligations of the debt.
  4. Transfer of property as contribution to the capital funds of the organizations.

This work is required in the event of disputes about the value of the object, including:

  1. In the course of nationalization.
  2. Mortgage organizations and citizens in the event of a disagreement about the amount of the contract object.
  3. When drawing up the marriage contract and the division of property in the divorce process.
  4. When removing an object from a municipal or public use.
  5. To ensure control of the correctness of taxes when there is a disagreement on the calculation base.

Information openness of the work

In order to implement provisions of the Federal law "About estimated activity" the customer must include information about the report of the conducted procedure in the Unified register within ten days from the date of its adoption. The database provides information about:

  1. Date of preparation and serial number of the report.
  2. The Reason for the procedure.
  3. The Appraiser (name, INN (if applicable), the insurance number in the system OPS).
  4. Membership of a specialist in self-regulatory organizations.
  5. The Object of evaluation in accordance with the report.
  6. The Date of determining the value of the property.
  7. Market price of the object.
  8. Expert opinion on the report (date, number).
  9. The Details of the legal entity and the book value of the property – for property owned by the organization.
  10. Experts (name, VAT number, insurance number).

regulation of valuation activity

In accordance with the Federal law "About estimated activity" the customer, in addition to the above data, should be included in the Unified register report if the procedure was mandatory (in the cases referred to above). Entering the information of the Federal Executive bodies, regional and local structures of power is free. If the report and the details of data related to the state secret, the publication shall be subject only to parts, not containing them.

Reason for the procedure

The assessment activities performed in accordance with the contract. It is the customer to the specialist or organization in which a competent person under an employment contract. In compliance with the standards cases, evaluation activities, re in particular, can be carried out on the basis of a court decision (arbitration, arbitration, General jurisdiction) or other authorized body. Court engaged in the trial of civil, economic and other disputes, independent in the choice of a specialist. Costs incurred in connection with the execution of the procedure, as well as remuneration to the contractor shall be reimbursed in the manner specified by the regulations.

Design Features of the contract

The Law "On appraisal activities" establishes requirements to the contents of the agreement between the customer and the contractor. Agreement shall be in writing. It must contain:

  1. The Target procedure.
  2. The Description of the object (one or more). Information shall be provided in such a way that it is possible to uniquely identify the property.
  3. The Kind of cost that will be determined.
  4. The amount of the compensation to the contractor.
  5. The price determination date object.
  6. The mandatory liability insurance of the contractor.
  7. The name of the self-regulatory organization, which is the evaluator.
  8. Indication of the standards to be applied when the procedure is executed.
  9. Size, reason, and order any additional liability of the contractor with whom an agreement.
  10. Information about the independence of the organization in which the appraiser works under an employment contract.
  11. Data on the agreement of insurance of liability for violation of the terms of the transaction, damage to property third-party entities when the requirements of the considered normative act, standards and other provisions of law.

The Law "On appraisal activity" also requires to include in the contract information about the artist, including name. about estimated activity in the Russian

Nuances

In regard to objects that belong to the state, region, or MO, a contract to execute the procedure on behalf of a customer must be a person authorized by the property owner to make transactions with him unless otherwise provided by statutory acts. As of the date of determination of cost is the day that set the price.

Report

The Law "On appraisal activities" establishes requirements for the final document issued on the results of the procedure. The report should be generated on paper or in electronic form. The document creation is carried out in accordance with the standards, regulations, normative acts of the Federal body on regulation of valuation activities. The report should not include information that is vague or misleading. The document indicates the date of the procedure, the standards that were used, goals and objectives, and other information required to fully and unambiguously reflect the results. The report also should contain:

  1. Date and invoice number.
  2. The Base to perform the procedure.
  3. Data about the artist, including name, contact information, information about his membership in self-regulatory organizations.
  4. The Target procedure.
  5. Information about the independence of the legal entity.
  6. Accurate description of the property. In relation to the object that belongs to legal entities-details of the organization and carrying value (if any).
  7. Standards for evaluation, a list of data used indicating sources, the assumptions made in the procedure.
  8. The Sequence of establishing the value of property, total amount, limits to the use of the results obtained.
  9. The price determination date object.
  10. List of documents used by the contractor and establishes the qualitative and quantitative characteristics of the property.

Federal law on appraisal activity

The Federal Law "On appraisal activity" permits the inclusion in the report and other information, if they are, in the opinion of a specialist, are significant and contribute to a more complete reflection of the calculation method applied to them.

Additional policies

If the report is made in electronic form, it must subscribe to the enhanced digital signature in the manner prescribed by the applicable regulations. In the cases established by this law, legal documents of the authorized body of the fed. authority, the conclusion shall be published. The order of publication is determined by the specified Federal structure.

Accuracy of information

Assessment and evaluation activities are available.


Article in other languages:

AR: https://tostpost.com/ar/the-law/9958-the-estimated-activity-in-the-russian-federation-regulation-and-organi.html

BE: https://tostpost.com/be/zakon/17895-acenachny-dzeynasc-u-ras-yskay-federacy-regulyavanne-argan-zacyya-fede.html

DE: https://tostpost.com/de/das-gesetz/17905-gutachterliche-t-tigkeit-in-der-russischen-f-deration-die-regulierung-.html

ES: https://tostpost.com/es/la-ley/17916-las-actividades-de-evaluaci-n-en-la-federaci-n-de-rusia-la-regulaci-n-.html

HI: https://tostpost.com/hi/the-law/9965-the-estimated-activity-in-the-russian-federation-regulation-and-organi.html

JA: https://tostpost.com/ja/the-law/9963-the-estimated-activity-in-the-russian-federation-regulation-and-organi.html

KK: https://tostpost.com/kk/za/17895-ba-alau-yzmet-resey-federaciyasyny-retteu-zh-ne-yymdastyru-federaldy-b.html

PL: https://tostpost.com/pl/prawo/17871-szacunkowa-dzia-alno-w-federacji-rosyjskiej-kontrola-i-organizacja-ust.html

PT: https://tostpost.com/pt/a-lei/17867-as-actividades-de-avalia-o-na-federa-o-russa-a-regula-o-e-a-organiza-o.html

TR: https://tostpost.com/tr/hukuk/17901-de-erlendirme-faaliyetleri-rusya-federasyonu-d-zenleme-ve-organizasyon.html

UK: https://tostpost.com/uk/zakon/17884-oc-nochna-d-yal-n-st-v-ros-ys-k-y-federac-regulyuvannya-ta-organ-zac-y.html

ZH: https://tostpost.com/zh/the-law/10798-the-estimated-activity-in-the-russian-federation-regulation-and-organi.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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