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On Amendments To The Federal Law "on Valuation Activity In The Russian Federation"

Original Language Title: О внесении изменений в Федеральный закон "Об оценочной деятельности в Российской Федерации"

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RUSSIAN FEDERATION FEDERAL LAW On Amendments to the Federal Law "On assessment activities in the Russian Federation" Adopted by the State Duma on 7 July 2006 Approved by the Federation Council on July 14, 2006, 13.07.2007. N 129-FZ; of 28.12.2010 N 431-FZ; dated 01.07.2011 N 169-FZ; dated 07.06.2013 N 113-FZ; dated 02.07.2013. N 185-FZ) Article 1 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3813; 2002, N 12, st. 1093; N 46, est. 4537; 2003, N 2, est. 167; 2004, N 35, sect. 3607; 2006, N 2, st. (172) The following changes: 1) Article 1 should be redrafted to read: " Article 1. The legislation governing the evaluation activity in the Russian Federation Evaluating activities in the Russian Federation is carried out in accordance with the international treaties of the Russian Federation, the present Federal Law, and others OF THE PRESIDENT OF THE RUSSIAN FEDERATION "professional"; 3) article 4, as follows: editions: " Article 4. Evaluation Actors Evaluation Actors are individuals who are members of one of the self-regulating valuers ' organizations and insured their liability in accordance with the requirements of the present The Federal Law (hereinafter referred to as the valuers). The Evaluator can carry out an evaluation activity on its own, doing private practice, and on the basis of an employment contract between the assessor and a legal entity that meets the conditions established by Article 151 of the present Federal law. "; 4) in article 9: Part one, as follows: " The basis for the assessment is the treaty to carry out an assessment of the said Federal Act referred to in article 5 facilities entered into by the customer with the assessor or with a legal person, c that the appraiser entered into the employment contract. "; part two of the second void; 5) Article 10, amend to read: " Article 10. Mandatory requirements for the contract evaluation The evaluation contract is concluded in a simple written form. Evaluation contract must contain: evaluation object; property value type (estimation method); monetary reward for evaluation; mandatory information The insurance of the civil liability of the assessor in accordance with this Federal Law; The name of the self-regulated organization of the appraisers, of which the valuer is a member, and the location of the organization; Specify the evaluation standards to be applied In conducting the assessment; an indication of the size, order and basis of additional liability in relation to liability established by civil law and article 24-6 of this Federal Law, the assessor or the legal person with whom the appraiser entered into a contract of employment. In a contract for an assessment concluded by the customer with a legal entity, the information about the appraiser or appraisers, including the name, the name, the patronymic of the appraiser or the appraisers, shall be indicated. (Paragraph 13 has lost its power-Federal Law of 28.12.2010). N 431-FZ With regard to the assessment of objects belonging to the Russian Federation, the constituent entities of the Russian Federation or municipalities, the contract for conducting an assessment on behalf of the Employer is to be concluded by the person authorized to do so. owner of transactions with objects, unless otherwise established by the legislation of the Russian Federation. "; 6) in article 11: Part One of the lapel; Part Two after the word" Report " to supplement { paragraph } { \field { \field { \field { \field { \field { \field { \field } } In the fourth part of the fourth word "licence to carry out an evaluation activity for this type of property", replace "the assessor's membership in the Self-regulating Organization of Appraisers"; Part 7 Revisit: " The report should be numbered one page at a time, it is passed by the appraiser or appraisers who conducted the assessment, as well as the seal of the appraiser or the seal of the legal person with whom the appraiser or appraisers entered into The employment contract. "; 7) Article 15 should read as follows: " Article 15. The assessor's duties Appraiser: be a member of one of the self-regulating valuers ' organizations; to observe the requirements of this Federal Law in the performance of evaluation activities, other federal laws laws and other regulatory legal acts of the Russian Federation, federal evaluation standards, and standards and evaluation rules adopted by the self-regulating organization of valuers to which it is a member; rules of business and professional ethics established Self-regulating organization of appraisers (hereinafter referred to as the rules of business and professional ethics) of which it is a member, as well as to pay contributions established by such self-regulatory organization of valuers; The legal person with whom he has concluded an employment contract is unable to participate in the evaluation due to circumstances preventing an objective assessment; to ensure the preservation of the documents, From the customer and third parties in the assessment; provide information to the customer about membership in a self-regulated organization of valuers; represent a self-regulating organization of appraisers with information about the legal person with whom he/she has entered into a labor contract, including information on the The compliance of such a legal person with the conditions established by article 15-1 of this Federal Law, as well as any changes to this information; to provide an insurance policy and proof of receipt at the request of the employer Evaluation of the performance report on the Education; do not disclose confidential information received from the customer during the assessment, except in the cases provided for by the legislation of the Russian Federation; of the Russian Federation, provide copies of stored reports or information contained therein by law enforcement, judicial or other authorized State authorities on their request; , at the request of the Employer Provide a certified self-regulating assessor organization from the registry members of the self-regulating organization of the appraisers of which he is a member. "; 8) to supplement Article 15-1 as follows: Article 15 -1. The obligation of the legal person with whom the valuer concluded the employment contract The legal person who intends to enter into a contract with the employer is obliged: Have at least two persons in the state; Relevant requirements of Part Two of Article 24 of this Federal Law; ensure the preservation of documents received from the customer and third parties in the course of the assessment; inform the customer about the impossibility of his or her own Participation in the assessment, as a result of the circumstances, that prevent the conduct of an objective assessment; to provide, upon request of the customer, a compulsory insurance contract for the liability of the assessor concluded in accordance with article 24-7 of this Federal Law; to disclose confidential information received from the Employer in the course of the assessment, except in the cases provided for by the law of the Russian Federation; assessor, to monitor the implementation of the Evaluation of access to documents and materials under which the assessment was made, with the exception of information constituting the commercial secret of a legal entity or a customer or other confidential information; OF THE PRESIDENT OF THE RUSSIAN FEDERATION Part 1 should be redrafted to read: " An assessment object cannot be evaluated by an evaluator if he is a founder, owner, shareholder, official or employee of a legal entity, a person of the property of the employer, or a person with a vested interest in the object of the assessment. by these persons in close relationship or property. "; paragraph 3 of the second sentence: " The appraiser is a member (member) or a creditor of the legal person-or such legal person is a creditor or an insurer's insurer. "; 10) Articles 16-1 and 17 (i) Article 18 should be amended to read: Article 18. Regulation of estimation activities and activities of self-regulating organizations valuers State regulation of evaluation activities and activities of self-regulating organizations of valuers in part Supervision and regulations are exercised by the federal executive authorities empowered by the Government of the Russian Federation (hereinafter referred to as the federal authorities). The assessment is managed by the National Evaluation Council (hereinafter referred to as the National Council) for the development of federal evaluation standards, self-regulating valuers ' organizations in part The development and approval of standards and evaluation rules. The monitoring of the implementation by members of the self-regulating organization of evaluation appraisers is carried out by these organizations. "; 12) Article 19 should be amended to read: Article 19. The functions of the federal authorities The functions of the federal authorities are: the formulation of government policy in the area of evaluation; Evaluation activities, approval of federal evaluation standards; (Paragraph 6 of paragraph 12 is no longer valid-Federal Law dated 13.07.2007 N 129-FZ ) Maintenance of a single government register of self-regulating valuers 'organizations; to oversee the fulfillment of the requirements of this Federal Law by self-regulating valuers' organizations; To apply to the court for the exclusion of a self-regulating organization of valuers from a single State register of self-regulating valuers ' organizations. "; 13), article 20 should be amended to read: Article 20. Evaluation standards Evaluation standards determine the requirements for evaluation and performance evaluation. Evaluation standards are subdivided into federal evaluation standards and evaluation standards and rules. Federal evaluation standards are being developed by the National Council in the light of international assessment standards. The federal evaluation standards developed are forwarded by the National Council for approval to the authorized federal body performing regulatory functions for evaluation activities. A federal body responsible for regulatory and valuation activities shall be required to approve or extradite them within a period not later than sixty working days from the date of receipt of federal standards for evaluation. A reasoned refusal in writing. The [ [ Federal Law Commissioner]], which performs the regulatory functions of the evaluation activity, has the right to refuse to approve federal assessment standards if they do not meet the requirements of the Constitution of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION The approved federal standards for evaluation are to be published by the authorized federal body performing the regulatory function of the evaluation activity in accordance with the procedure established by the Government of the Russian Federation. The Federation and the posting on the official website of the authorized federal body performing the functions of regulatory and legal regulation of the evaluation activity on the Internet. Evaluation standards and rules are developed and approved by an evaluator's self-regulating organization and cannot be contrary to federal evaluation standards. "; 14) Article 22 should read as follows: " Article 22. Self-regulating valuers 'organization Self-regulating valuers' organization is recognized as a non-profit organization established for the purpose of regulation and supervision of evaluation activities included in a single state registry Self-regulating valuers ' organizations and unifying evaluators. The status of Self-regulating organization of valuers is acquired by a non-profit organization in accordance with the provisions of this article from the date of its incorporation into a single State register of self-regulating valuers ' organizations. Reason for inclusion of a non-profit organization in a single state register of self-regulating valuers ' organizations is to fulfill the following requirements: unification within such organization as its Members of not less than three hundred persons who meet the established part of article 24, paragraph 2, of this Federal Law; the existence of a compensation fund, which is formed from the contributions of its members in cash The amount established by Part Three of Article 24-6 of this Federal Law; existence of a collegial body (council, supervisory board), functional specialized bodies and structural units; existence of standards and rules for evaluation activities approved in accordance with the requirements of this Federal Act. Employees of the self-regulating organization of appraisers are not entitled to carry out evaluation activities. Self-regulated organization of appraisers is obliged to take timely measures to prevent conflicts of interest between the self-regulating organization of the appraisers and its members, as well as the timely settlement of such conflicts. conflict. Elimination of non-profit organization having the status of self-regulated organization of valuers is carried out in accordance with the law on non-profit organizations. A representative of the National Council should be included in the liquidation committee of the non-profit organization having the status of self-regulating organization of valuers. A non-profit organization having the status of a self-regulated organization of appraisers cannot be reorganized. "; 15) to supplement article 22-1 as follows: " Article 22-1. Self-regulating organization of valuers The functions of Self-regulating organization of valuers are: development and approval of standards and rules for evaluation, business and professional ethics; Design and approval of rules and conditions for admission to the self-regulating organization of valuers, additional requirements to ensure the ownership of their members in the performance of assessment activities, establishment The size of the membership fees and the order of their contributions; of the interests of its members in their relations with federal bodies of state power, state authorities of the constituent entities of the Russian Federation, local self-government bodies, as well as with international professional bodies Evaluators 'organizations; membership and exclusion from members of self-regulating valuers' organization on the grounds provided for by this Federal Law and internal documents of self-regulating valuers ' organization; monitoring the performance of members of the evaluation function in the Part of their compliance with the requirements of this Federal Act, other federal laws and other regulatory legal acts of the Russian Federation, federal standards for evaluation, standards and rules of evaluation, and rules of business and professional ethics; maintenance of a register of members of the self-regulatory organization of valuers and the provision of information contained in the register to interested persons in accordance with the procedure established by the Designated Federal Authority, on the normative and legal function of the evaluation activities; organizing information and methodical support for its members; implementing other functions of this Federal Act. "; 16) to supplement articles 22 to 2 as follows: " Article 22-2. The fundamental rights and obligations of the self-regulating organization of evaluators Self-regulating valuers have the right: to represent the interests of their members in their relations with the federal authorities of the state The authorities, the State authorities of the constituent entities of the Russian Federation, the local authorities and the international professional organizations of the appraisers; authorities of the constituent entities of the Russian Federation The Federation, the Local Government and the actions (inaction) of these bodies, which violate the rights and legitimate interests of all or part of their members. Self-regulated 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; A fund to ensure that its members are accountable to the users of the evaluation services and third parties; monitor compliance by its members with the requirements of this Federal Act, other federal laws and regulations. laws and other regulatory acts of the Russian Federation Federation, Federal Evaluation Standards, Standards and Rules for Evaluation, and Rules of Business and Professional Ethics; Apply disciplinary measures in accordance with this Federal Law and internal regulations. Self-regulating valuers ' organization documents, with respect to its members; to report to the Commissioner of the Federal Body responsible for overseeing the activities of self-regulating organizations of appraisers of non-conformity with the requirements of Part Three of the 22 of this Federal Law, within ten days of detection of such non-conformity; to refuse to accept members of the self-regulating organization of appraisers in the cases established by this Federal Law; exclude from members the self-regulating organization of appraisers on the grounds provided for by this Federal Law and internal documents of the self-regulating organization of valuers for violation of the requirements of this Federal Law, others laws and regulations of the Russian Federation Federation, federal standards for evaluation, standards and rules of evaluation, business and professional ethics; maintain a register of members of the self-regulating organization of valuers and provide information contained in The registry, interested persons, in accordance with the procedure established by the authorized federal regulatory body for the regulation of the evaluation activity; to organize professional retraining appraisers. "; 17) to supplement articles 22 to 3 , to read: Article 22-3. Disclosure of information of self-regulating adjusters ' organization Self-elected organization of appraisers is obliged to place on the official website the self-regulating organization of valuers on the Internet: documents; standards and rules of evaluation, as well as rules of business and professional ethics; provisions for a collegial body of management of self-regulating organization of valuers, about the structural subdivision, on the monitoring of members ' evaluation activities Self-regulating organization of appraisers, on the authority for disciplinary proceedings against members of the organization (hereinafter referred to as the Disciplinary Committee), other bodies and organizational units, and information on the composition of such bodies organs and bodies; (Overtaken by Federal Law of 07.06.2013) N 113-FZ) N 113-FZ) information about the non-conformity of the self-regulating valuers ' organization with the established part of article 22 of this Federal Act (including information on the date of non-conformity) Self-regulating valuers ' organization of these requirements, measures taken by and (or) planned self-regulating organization of appraisers to eliminate such disparity); (Spaced out-Federal Law dated 07.06.2013 N1FZ) information about the reports of its members. The composition and timing of such information is determined by the internal documents of the self-regulating organization of appraisers, in accordance with the paragraph of the second part of this article; (Spaced by Federal Law dated 07.06.2013 N 113-FZ) N 113-FZ) N 113-FZ) N 113-FZ ) information on the acquisition by officials or employees of a self-regulating organization of valuers or their affiliated persons of securities whose issuers or debtors are legal entities The members of the self-regulating organization of appraisers have concluded contracts of employment; (Spended out of force-Federal Law of 07.06.2013). N 113-FZ) information on conflict of interest between self-regulating valuers ' organization and its members. Self-regulated organization of appraisers is obliged to place on the official website the self-regulating organization of valuers on the Internet all the changes made to the documents, or modification of the information defined in the first part of the present Articles, no later than the day following the day when such changes were made, occurred or became known to the self-regulating organization of valuers. The Self-regulated organization of appraisers is obliged to develop and approve a disclosure statement that sets out: reporting to the self-regulating organization of appraisers by its members, the amount of the content of such reporting; volume of information published on the reports of the members of the self-regulating organization of valuers; The procedure for providing information contained in the registry of members of the self-regulating organization of valuers Requests from citizens and legal entities; other not is contrary to this article of the article. "; 18), article 23, amend to read: Article 23. The procedure for including a non-profit organization in the single state register of self-regulating valuation organizations Non-profit organization meeting the requirements of Part Three of Article 22 The Federal Law has the right to apply to the authorized federal body performing the functions of supervising the activities of self-regulating organizations of valuers, a statement about its inclusion in the single state register of self-regulating organizations valuers. The [ [ Federal Authority]], which oversees the activities of self-regulating organizations of valuers, decides whether or not to include a non-profit organization in a single state register Self-regulating valuers 'organizations for seven days from the date of submission of the following documents by this not-for-profit organization: Declaration of inclusion in a single government register of self-regulating valuers' organizations; notarial copy (...) (...) (...) N 169-FZ) certified by the non-profit organization copies of the documents on the education of its members confirming the receipt of professional knowledge in the field of evaluation activities in accordance with the approved procedures established in accordance with the procedure established by the A true federal law, educational programmes of higher professional education, supplementary vocational training or professional retraining programmes for evaluators; certified by a not-for-profit organization copy of the a collegial body, a structural unit responsible for monitoring the evaluation activities of members of the organization, and a disciplinary committee; certified copies of standards and regulations certified by the non-profit organization Evaluation activities; (Paragraph 11 of paragraph 18 is no more effective-Federal Law of 1 July 2011). N 169-FZ) certified by a non-profit organization copies of the documents confirming the formation of a compensation fund in the amount established by this Federal Law; certified by a non-profit organization copies of statements made by its members on joining the organization; certified by a non-profit organization a copy of the register of members of the non-profit organization. Decision of the authorized federal authority responsible for supervising the activities of self-regulating organizations of valuers, whether or not to include a non-profit organization in a single public registry Self-regulating organizations of appraisers shall be sent in writing to this non-profit organization within seven days of the date of the corresponding decision. Decision of the authorised federal body overseeing the activities of self-regulating organizations of valuers, refusing to include a non-profit organization in a single state register of self-regulating [ [ Evaluator]] organizations can be adopted on the following grounds: non-profit organization does not meet one of the requirements of Part Three of Article 22 of this Federal Law; The organization did not submit the required part of the second part of the present report. or submitted documents containing false information. The decision to refuse to include a non-profit organization in a single State register of self-regulating valuers may be appealed by this non-profit organization to the arbitral tribunal. An exception to the self-regulating organization of appraisers from a single State register of self-regulating appraisers is carried out by the designated federal authority responsible for overseeing activities Self-regulating organizations of appraisers, in the event that the organization has filed an application for its exclusion from the specified registry or in the event of the liquidation of a non-profit organization having the status of self-regulatory organization of valuers. In other cases, the authorized federal authority for supervising the activities of self-regulating organizations of valuers appeals to the arbitral tribunal to exclude the self-regulating organization of valuers from A single State register of self-regulating valuers ' organizations. The basis for an appeal to the arbitral tribunal is: The verification of the unconformity of the self-regulating valuers ' self-regulatory organization is one of the requirements of article 22 of this Federal Law; The failure of the self-regulating organization of appraisers to remove the requirements identified by the designated federal authority responsible for supervising the activities of self-regulating organizations of appraisers and those referred to in the regulation violations within the time limits established by them. "; 19) Article 24 Amend the text as follows: " Article 24. The requirements for membership in a self-regulated valuer organization Evaluator can be a member of only one self-regulating organization of valuers that meets the requirements of this Federal Law. To join the self-regulating organization of valuers, the individual represents: Education document confirming the receipt of professional knowledge in the field of assessment activities in accordance with approved in accordance with the procedure established by this Federal Law, the higher vocational training programmes, additional vocational training or professional retraining programmes for specialists in the field of vocational training. evaluation; Out of Office help Unpaid or unexpuned criminal records for crimes in the economic sphere, as well as for crimes of medium gravity, serious and particularly serious crimes. Self-regulated organization of appraisers for the admission of individuals to the self-regulating organization of appraisers has the right to present other valuation activities related to the performance appraisals and are not contrary to this Federal Act. The law and other federal laws. The Collegial Control Authority of the Self-regulating Organization of Appraisers shall decide on the compliance of a person with the requirements set out in Parts Two and Three of this Article within seven days of the receipt of the application and necessary the documents from that person. A person against whom a decision is made to comply with the requirements set out in Parts Two and Three of this Article shall be deemed to be admitted to the members of the self-regulating organization of the valuers and shall be entered on the register. Members of a self-regulating organization of appraisers within three days from the date of the submission by such person of the compulsory liability insurance treaty meeting the requirements established by article 24-7 of this Federal Law and introducing established self-regulating organization of assessments. A document on membership in the self-regulating organization of valuers is issued to such person within ten days from the date of the information about him to the registry of members of the self-regulating organization of valuers. Grounds for refusing to accept a person as members of a self-regulated organization of appraisers is: nonconformance with the requirements of this article; nonconformance with the requirements approved by the self-regulating The organization of the valuers to join the self-regulating valuers ' organization; the exclusion of a person from members of a different self-regulating organization of valuers for violating the requirements of this Federal Law adopted in accordance with it regulations of the Russian Federation and the federal Evaluation standards, if less than three years have elapsed since the date of exclusion from members of self-regulating organization of valuers. A person who is refused admission to a self-regulating organization of valuers has the right to appeal such refusal to the arbitral tribunal. The evaluator's self-evaluator's self-regulating organization is terminated by a collegiate management body of the self-regulating valuers ' organization based on: valuer's statement of withdrawal from members of a self-regulating organization Evaluators; approval by the collegial body of the management of the self-regulating organization of appraisers of the decision to exclude the valuer from members of the self-regulating organization of valuers due to its violation of the requirements of this Federal Law, Other federal laws and other legal instruments OF THE PRESIDENT OF THE RUSSIAN FEDERATION A person against whom a decision is made to terminate the membership of a self-regulating organization of valuers is obliged to notify the termination of its membership in the self-regulating organization of valuers and the impossibility of signing the report The evaluation of the contracting authority for the evaluation contract or the legal entity with which the employment contract is concluded. Self-regulating valuers ' organization is no later than the day following the day of the decision by the collegiate body of management of the self-regulating organization of appraisers to terminate the assessor's membership in the self-regulating organization of valuers, is obliged to make such a decision on the official website of the self-regulating organization of valuers on the Internet and also send copies of such a decision: to the person in respect of whom the decision to terminate the self-regulated membership has been made organization of valuers; legal person with whom a person entered into an employment contract in cases where the information on the contract of employment had previously been submitted to the self-regulating organization of valuers; all self-regulating organizations entered into a single State registry Self-regulating valuers ' organizations, in case of approval by a collegiate body of control of the self-regulating organization of appraisers of the decision to exclude the valuer from the members of the self-regulating organization of valuers due to their violation of the requirements of this Federal Act, other federal laws and other OF THE PRESIDENT OF THE RUSSIAN FEDERATION 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 standards for evaluation, standards and rules of evaluation, and rules of business and professional ethics. "; 20) Chapter III supplement articles 24-1-24-10 as follows: " Article 24-1. Self-regulating organization of adjusters registry of members of self-regulating organization evaluators Composition of information included in the register of members of self-regulating organization of valuers in accordance with The Federal Law Commission approved the procedure for the administration of the register and placement of the information contained in the register of information systems in public information systems approved by the Federal Commissioner for Human Rights. by the regulatory body Evaluation activities. Based on the provisions of this Federal Law, information contained in the register of members of the self-regulating organization of valuers is provided at the request of citizens, legal persons in the manner determined by internal documents Self-regulating valuers ' organization. Such information shall not exceed seven days from the date of receipt of the request. Article 24-2. Self-regulating organization of valuers Formation, structure, competence, and term of office of bodies of self-regulating organization of appraisers, the procedure for adoption of decisions by these bodies is determined by internal documents Self-regulating valuers ' organization in accordance with this Federal Law and other federal laws. The general meeting of members of the self-regulating organization of valuers is the highest organ of the management of the self-regulating organization of valuers, who considers matters within its competence by this Federal Law and others Federal laws. The general meeting of members of the self-regulating organization of appraisers is convened at least once a year in accordance with the procedure established by the statute. The exclusive competence of the general meeting of members of the self-regulating organization of valuers includes the following issues: approval of a collegiate management body of the self-regulating organization of valuers, The formation of a collegiate organ of management of self-regulating organization of valuers, decision-making on early termination of powers of a collegiate body of management of self-regulating appraisers ' organization or early termination of powers members; approval of a disclosure statement Self-regulating organization of valuers; approval of a disciplinary committee, formation of a disciplinary committee, early termination of his powers or early termination of powers members; approval in order and frequency, which are established by the statute, the reports of the collegiate body of management of the self-regulating organization of valuers and its executive body on the results of the financial and economic and Self-regulating organization of valuers; Approval of membership in a self-regulating organization of valuers; decision-making on voluntary liquidation of non-profit organization and appointment of a liquidator or liquidation commission. The procedure for holding general meetings of members of the self-regulating organization of appraisers, the procedure for forming the agenda of meetings, the determination of the quorum, the conditions and the voting procedure are determined by the self-regulating organization of the appraisers. independently in the statute. The Collegial Control Authority of Self-regulating organization of valuers is formed with at least seven people. The exclusive competence of the collegiate management body of self-regulating valuers ' organization is: approval of standards and rules for evaluation, business and professional ethics; acceptance of self-regulating organization of valuers and termination of membership in self-regulating valuers ' organization; formation of committees provided for by internal documents of self-regulating organization of valuers, acceptance Decisions on the early termination of the powers of such committees or early termination of their members ' powers, approval of regulations on the structural unit responsible for monitoring the evaluation activities of members of the self-regulating organization of valuers and other committees; approval of investment The declaration of the compensation fund; approval of a regulation on the procedure for monitoring the evaluation activities of members of the self-regulating organization of valuers; other charters of exclusive competence of a collegiate body of management of a self-regulating organization Appraisers. No more than twenty-five per cent of the members of the collegiate management body of the self-regulating organization of valuers should be individuals who are not members of the self-regulating organization of valuers and/or their affiliated persons. The members of the collegiate management body of the self-regulating organization of appraisers cannot be elected to the disciplinary committee. A person who functions as a sole executive body of a self-regulating organization of appraisers, persons who are members of a collegiate executive organ of the management body of self-regulating valuers ' organization, are not entitled: to establish legal entities or to be members of the management bodies of legal entities carrying out evaluation activities, their subsidiaries and dependent societies; to conclude employment contracts with legal persons who have entered into labor Treaties with members of the self-regulating organization of valuers, as well as with their children and their dependent societies; to conclude civil contracts, including treaties on the exchange of services, the customer on which is a member of the self-regulating organization of valuers. The self-regulated organization of the appraisers is formed by: A structural unit that monitors evaluation activities of members of the self-regulating organization of valuers; disciplinary committee; other internal documents of self-regulating organization's self-regulating body and structural subdivisions. Article 24-3. Modalities for the self-regulating organization of the Performance Monitoring Evaluators Activity Performance monitoring { { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \ It is carried out by its relevant structural unit, composed of employees of the self-regulating organization of valuers, through planned and unscheduled inspections. The subject of a routine inspection is the compliance of members of the self-regulatory organization of appraisers with the requirements of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, the federal states, and other federal laws. Evaluation standards, performance standards and rules, and business and professional ethics, additional requirements to ensure the ownership of evaluations by evaluators. The duration of the scheduled inspection shall not exceed thirty days. The planned verification shall be carried out at least once every three years and not more than once a year. The basis for self-regulating valuers of an exceptional check may be a motivated complaint of violation by an evaluator of the requirements of this Federal OF THE PRESIDENT OF THE RUSSIAN FEDERATION Internal documents of self-regulating organization of valuers may provide other grounds for unscheduled inspection. In the course of an exceptional check, only the facts of the complaint or the facts to be verified on other grounds are subject to the investigation. The Evaluator is required to provide the necessary information on the request of a self-regulating organization of valuers to perform the verification in the order determined by the internal documents of the self-regulating organization of valuers. If a violation is detected, the verification material is referred to the disciplinary committee. The Self-regulating organization of valuers, as well as its employees and officials taking part in the verification, is responsible for the non-disclosure and non-proliferation of the information obtained during the course of the review, in accordance with the present report. Federal Act and other federal laws. Article 24-4. The procedure for applying disciplinary penalties in members of a self-regulating organization valuers The disciplinary committee is required to consider complaints against members of the self-regulating organization of valuers and OF THE PRESIDENT OF THE RUSSIAN FEDERATION Professional ethics, mandatory contributions requirements in the self-regulatory organization of appraisers and additional requirements to ensure the property responsibility of the evaluators in the performance of the assessment activity. The procedure for dealing with these complaints and cases and the content of these violations is determined by the internal documents of the self-regulating organization of valuers. When considering complaints against members of the self-regulating organization of valuers, the disciplinary committee is obliged to invite to its meetings those who have submitted such complaints, as well as members of the self-regulating organization of valuers, in respect of Cases in which disciplinary action is taken. The Disciplinary Committee may decide to impose the following disciplinary sanctions: issuing an order obliging a member of the self-regulating organization of valuers to correct the detected violations and establishes A time frame for the elimination of such violations; a member of a self-regulatory organization of warning assessments; a member of a self-regulating organization of appraisers of a fine in the amount determined by internal documents Self-regulating valuers ' organization; recommendation to exclude members of the self-regulating organization of valuers to be reviewed and approved by a collegiate management body of self-regulating valuers ' organization; other internal documents Self-regulating organization of measures. The decisions referred to in paragraphs 2 to 4 and 6 of paragraph 4 of this article shall enter into force on the date of their adoption by the Disciplinary Committee. The decision referred to in paragraph 5 of part four of this article may be taken by not less than seventy five per cent of the members of the disciplinary committee present at its meeting and shall enter into force on the date of its approval. is a collegiate body for the management of self-regulating valuers ' organization. Self-regulated organization of appraisers within two working days from the day of the disciplinary committee's decision to impose a disciplinary penalty on a member of a self-regulating organization of valuers sends copies of this decision to the member The self-regulating organization of the appraisers and the person who submitted the complaint for which the decision was made. Decisions of the disciplinary committee may be appealed by members of the self-regulatory organization of valuers to the collegiate body of the management of the self-regulating organization of appraisers within the deadlines set by the self-regulated organization of the appraisers. The decision of the collegiate body of management of the self-regulating organization of valuers to approve the recommendation of the disciplinary committee to exclude a person from members of the self-regulating organization of valuers can be appealed by a person, excluded from the self-regulating organization of the valuers, to the arbitral tribunal within three months from the date of such decision. Funds received by the self-regulating organization of valuers resulting from the imposition of a fine under the self-regulating organization of the adjusters in accordance with this article shall be credited to the compensation fund. Self-regulating valuers ' organization. Article 24-5. Supervision of the activities of self-regulating valuers 'organizations Self-regulating appraisers' activities are overseen by the authorized federal authority through planned and unscheduled inspections, on the supervision of self-regulating valuers ' self-regulating organizations. Routine inspection of the activities of the self-regulating organization of valuers shall be conducted once every two years in accordance with the plan approved by the authorized federal authority responsible for overseeing activities Self-regulating valuers ' organizations. The decision to conduct an unscheduled inspection of the activities of the self-regulating organization of appraisers is made by the authorized federal authority responsible for supervising the activities of the self-regulating organizations of appraisers. The Ministry of Public Administration of the Russian Federation, the authorities of the constituent entities of the Russian Federation, the local authorities and the law enforcement agencies by the organization of the appraisers, or by its members, of this Federal OF THE PRESIDENT OF THE RUSSIAN FEDERATION In the course of the inspection of the activities of the self-regulating organization of valuers, the authorized federal body performing the functions of supervising the activities of self-regulating organizations of valuers has the right to request from A specialized depository, which has a depositary treaty with a self-regulated organization of appraisers, information on the monetary evaluation of its compensation fund. On its decision taken on the basis of the inspection materials, the authorized federal body performing the functions of supervising the activities of self-regulating organizations of valuers notifies the self-regulating organization. in writing, no later than three days from the date of the decision. In case of violation of the requirements established by Part Three of Article 22 of this Federal Law, the authorized federal body performing the functions of supervising the activities of self-regulating organizations of appraisers, Appeals to the arbitral tribunal to exclude the self-regulating organization of valuers from the single State register of self-regulating valuers ' organizations. If other violations are detected, the authorized federal authority, which oversees the activities of self-regulating valuers 'organizations, directs the adjusters' self-regulatory organization to eliminate it in the future. Reasonable time frame for the violations identified. The designated federal authority responsible for supervising the activities of self-regulating valuers ' self-regulatory organizations can appeal against the identified violations by an appeal by the self-regulating organization of the appraisers. Arbitration Court. In case of failure to comply with the prescribed time limit for the elimination of the detected violations, the authorized federal body performing the functions of supervising the activities of self-regulating organizations of appraisers shall appeal to the arbitral tribunal. A court with a statement to exclude self-regulating organization of valuers from a single state register of self-regulating valuers ' organizations. The Self-regulated organization of appraisers, which has revealed its failure to comply with the requirements of Part Three of Article 22 of this Federal Law, is entitled to refer to the authorized federal authority exercising supervisory functions Self-regulating organizations of valuers, in writing a declaration of inconsistency with its description, details of the date of occurrence and the planned and (or) planned self-regulatory organization of measures to eliminate it. Within two months of receipt by the designated federal authority responsible for supervising the activities of self-regulating organizations of valuers, statements about the identified non-conformity of the self-regulating organization The appraisers cannot be excluded from the uniform state register of self-regulating organizations of appraisers on the basis of the statement. In the event that the adjuster's self-regulating organization fails to submit to the designated federal authority responsible for supervising the activities of self-regulating organizations of valuers, proof of recovery The identified non-conformity, the authorized body of the federal authority responsible for supervising the activities of self-regulating valuers ' organizations, appeals to the arbitral tribunal to exclude the self-regulating organization of valuers from Single State Register of Self-regulating Organizations valuers. The Self-regulated organization of valuers is considered to be excluded from the single State register of self-regulating organizations of appraisers from the date of entry into force of the decision of the arbitral tribunal to exclude it from the specified registry. Evaluators who have been members of a self-regulated organization of appraisers, who have been excluded from the single State register of self-regulating valuers 'organizations, have the right to engage in other self-regulating appraisers' organizations. Within three months from the date of exclusion of self-regulated organization of valuers from the single State register of self-regulating valuers of valuers of appraisers, held by its members and have not joined other self-regulating organizations The appraisers are entitled to perform evaluation activities only on contracts concluded before the date of exclusion of the self-regulating organization of valuers from the single state register of self-regulating valuers ' organizations. Article 24-6. Ensuring property ownership in the performance of assessment activities Losses incurred by the contracting authority who has concluded an assessment contract or damage to property caused to third parties by reason of The use of the total value of the market or other value of the estimate specified in the report, signed by the appraiser or by the appraisers, is to be refunded in full at the expense of the assessor or the valuers who caused their actions (s) Loss or damage to property in the performance of assessment activities; or the property of a legal person with whom the appraiser entered into a contract of employment. The legal person with whom the appraiser entered into an employment contract may indicate in the contract to conduct an assessment of the condition of acceptance of the obligation to provide an additional obligation to the appraiser to compensate for the damages caused by the contract. The customer who has concluded the evaluation contract or the property damage caused to third parties. In order to ensure that the members of the self-regulating organization of the appraisers are responsible to the conclusion of the contract for the conduct of the assessment by the employer and (or) third parties, the self-regulating organization of valuers is obliged to produce members of the requirement to use the following types of security: Article 24-7 of this Federal Law of the Treaty of Compulsory Insurance of Appraiser in Implementation Estimated amount of an insurance activity in which the sum of the insured amount is not may be less than three hundred thousand roubles; the formation of a compensation fund of the self-regulating organization of valuers, to which each member of the self-regulating organization of appraisers should be made a mandatory contribution of at least 30 thousand roubles. Article 24-7. Mandatory liability insurance contract of the evaluator in the performance of the evaluation activity The compulsory insurance liability insurance liability of the evaluator in the performance of the assessment activity (further-the contract of compulsory insurance of liability) is the property interests associated with the risk of liability of the appraiser (insured) of the obligations arising from the damage to the contracting authority to the contract Evaluation, and (or) third parties. The Insurance case under the compulsory liability insurance contract is established by an enforceable decision of the arbitral tribunal or recognized by the insurer to the detriment of the actions (omissions) of the assessor in the The result of a violation of the requirements of the federal evaluation standards, standards and evaluation rules established by the self-regulating organization of the appraisers, of which the appraiser was a member at the time of the damage. In the event of an accident, the insurer makes an insurance payment in the amount of the actual damage caused to the Employer and (or) to a third person established by a judgement of the arbitral tribunal which has entered into force, but no more than The amount of the insurance amount under the compulsory liability insurance contract. The compulsory liability insurance contract shall be concluded for a period of at least one year, subject to the period of limitation of liability for damages caused during the period of the compulsory liability insurance contract, OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Insurance tariff for the compulsory liability insurance contract may be determined by the insurers, depending on the length of service of the evaluation activity by the evaluator, the number of previous insurance cases and other influences to the degree the risk of damage to the circumstances. The compulsory liability insurance contract may provide for the payment of an insurance premium by an insurance adjuster and the date of payment of premiums. The payment date of the premium is considered to be the day of payment of the insurance premium paid to the insurer or the day of the insurance premium (premium) to the insurer's settlement account. The contract of compulsory liability insurance comes into force from the moment of payment by the insured person of the first insurance contribution, unless the Russian Federation law provides otherwise. Control over the implementation of compulsory liability insurance by its members is carried out by the self-regulating organization of appraisers, which has the right to impose additional measures that are not contrary to the Russian Federation's legislation The requirements of the compulsory liability insurance contracts entered into by members of such self-regulatory organization of valuers. Article 24-8. The Compensation Fund of the Self-Governing Council of the Self-Governing Council , the Compensation Fund of the Self-Regulated Organization of Self-Governing Organizations (hereinafter referred to as the Compensation Fund), is an isolated property belonging to a self-regulating organization. The organization of the valuers on the right to own property and initially formed exclusively in monetary terms through mandatory contributions from its members. It is not permitted to release a member of the self-regulating organization of appraisers from the obligation to contribute to the compensation fund, including the requirements of the self-regulating organization of the appraisers. The basis for the recovery of the compensation fund is determined by the decision of the arbitral tribunal or recognized by the insurer as to the occurrence of an insurance event under the compulsory liability insurance contract. Claim for compensation payment from the compensation fund may be presented to the self-regulating organization of appraisers only if the following conditions are met: to compensate for the damage caused appraiser, insufficient funds received under the compulsory liability insurance contract; the valuer refused to satisfy the customer's or third person's claim for damages, or the customer or third party did not receive it from Reasonable response to the claim. The claim for damages at the expense of the compensation fund may be presented to the self-regulating organization of the appraisers of which the appraiser is a member or the valuer at the time of the damage. It is not possible to make payments from the compensation fund (including the return of members of the self-regulating organization of their contributions), except for the payment of the members ' property liability. Self-regulating valuers ' organization to customers or third parties. The compensation fund cannot be recovered on the obligations of the self-regulatory organization of the valuers, as well as the obligations of members of the self-regulatory organization of the valuers, if such obligations do not arise from Implementation of its regulated activities. The amount of the compensation payment from the compensation fund on the claim or requirements of the customers or third parties to one valuer per insured event may not exceed six hundred thousand roubles. Article 24-9. The conditions and arrangement of the means of the Compensation Fund Self-Governing Organization of Appraisers for the Allocation of Countervailing Funds to Save and Increase concludes with the managing company The trustee of such a fund. The governing company is obliged to take all necessary actions to prevent the violation of the requirements of the compensation fund established by this Federal Law and to conclude a contract with the specialized the depositary, with which the agreement is concluded by the self-regulating organization of the appraisers. The Specialized Depositary shall supervise the compliance of the administering company with the restrictions on the placement of the compensation fund, the rules for the placement of these funds and the requirements for their accommodation set out in this Regulation. The federal law and the investment declaration adopted by the self-regulating organization of valuers. All cases of violation of the requirements for the placement of the compensation fund by this Federal Law are notified by the self-regulating organization of the appraisers and the authorized representative of the Federal The body supervising the activities of self-regulating valuers ' organizations. The management company and the specialized depot are selected based on the results of the competition conducted in accordance with the procedure established by the internal documents of the self-regulating organization of valuers. The income derived from the location of the compensation fund shall be directed to the replenishment of the fund and to cover the costs of providing adequate accommodation for such funds. The Compensation Fund shall be placed by the managing company in accordance with an investment declaration adopted by the self-regulating organization of the appraisers and subject to the limitations imposed by this article. At least 40 per cent of these funds should be placed in government securities of the Russian Federation, and not more than 40 per cent of these funds may be placed in the securities market of the Russian Federation in an organized market. issuers created in the form of open joint-stock companies or the shares of mutual investment funds. It is not permitted to place more than five percent of the compensation fund in the shares of one issuer, as well as place the funds of the countervailing fund in the promissory notes, securities not traded in an organized securities market, and Foreign securities. Article 24-10. National Evaluation Board and other associations of self-regulating organizations valuers To ensure public interest, common approaches to evaluation activities, the development of a common position of evaluators on the regulation of their activities, the coordination of self-regulating valuers 'organizations and the interaction of self-regulating valuers' organizations with the federal authorities State authorities, authorities of the constituent entities The Russian Federation, local authorities and consumers of evaluation services for self-regulating appraisers form the National Council. The National Council recognizes a non-profit organization created by self-regulating organizations of appraisers and is registered by the authorized federal authority responsible for supervising the activities of self-regulating Evaluators ' organizations, whose members are more than fifty per cent of self-regulating valuers, which unites more than fifty per cent of all valuers. Non-profit organization conforming to the requirements of Part Two of this Article shall be subject to registration as a National Council after three days from the date of submission to the duly authorized federal authority The functions of supervision of the activities of self-regulating organizations of valuers, the following documents: Registration Application as National Council; duly certified copies of the constituent documents; certified by a not-for-profit organization copy of the declarations of to join the non-profit organization of all its members. The main functions of the National Council are: discussion of public policy issues; representing the interests of self-regulating valuers in federal The State authorities, the State authorities of the constituent entities of the Russian Federation and the local authorities; making suggestions for improvement legal and economic regulation of assessment activities; protection of the rights and legitimate interests of self-regulating valuers; development of federal evaluation standards; OF THE PRESIDENT OF THE RUSSIAN FEDERATION Approval by an authorized federal authority, on the normative and legal regulation of the evaluation activity; (Overtaken by the Federal Law 02.07.2013 N 185-FZ development of professional training programmes for evaluators; development of recommendations on minimum assessment of appraisers, duration of internships for applicants for a self-regulating organization Evaluators; the creation of a Russian arbitration court in the field of evaluation; consideration of appeals, petitions, complaints of self-regulating organizations of valuers, consumers of evaluation services, valuers. The National Council shall form a collegial body for the implementation of the functions of this Federal Act, which shall be composed of one representative from each member The National Council of Self-regulating Organization of Appraisers. No more than twenty-five per cent of the National Council's collegial body should be independent experts, consumers of evaluation services, representatives of scientific and pedagogical activities public and other members of the self-regulating organization of the evaluators of the person. The President of the National Council's collegial body shall be elected at its first meeting from among its members. Representatives of the federal bodies of state power, state authorities of the constituent entities of the Russian Federation and local authorities may not be the Chairman of the National Council's collegial body. The National Council will form a collegiating executive body, whose membership and personnel are approved by the collegial body of the National Council. Persons who are members of the National Board's collegial executive body, as well as its employees, are not entitled: to establish legal entities carrying out evaluation activities or to be members of bodies the management of such legal entities, their children and their dependent societies; to conclude employment contracts with members of self-regulating valuers ' organizations. Self-regulating valuers ' organizations are entitled to form unions (associations) in accordance with the legislation of the Russian Federation on non-profit organizations. ". Article 2 1. Persons who were licensed to carry out evaluation activities as at 30 June 2006 are entitled to carry out evaluation activities by 1 July 2007 in accordance with Federal Law dated July 9, 1998 N 135-FZ " On assessment activities in the Russian Federation " in the version in force until the day of the entry into force of this Federal Law. The authorized body of the federal authority which issued the licence to carry out evaluation activities, before 1 January 2008 in respect of such persons: (In the wording of Federal Law dated 13.07.2007. N 129-FZ ) (1) monitors the performance of the assessment activities in accordance with the procedure established by the Russian Federation's legislation on licensing in part of the licensing control; 2) in case of infringement The law of the Russian Federation on evaluation activities shall apply to the arbitral tribunal to terminate this part of the right to carry out evaluation activities. 2. As of July 1, 2008, a non-profit organization that brings together self-regulating valuers ' organizations has the right to apply to the authorized federal body exercising oversight over the activities of self-regulating organizations of the valuers, for the purpose of registering as the National Council. (In the wording of Federal Law No. N 129-FZ 3. Before the date of registration of the National Council, the development of federal standards for evaluation is provided by the authorized federal body performing regulatory functions of the evaluation activity. Article 3 Article 3 of the Federal Law of January 5, 2006 N 7-FZ "On amendments to the Federal Law" On joint-stock companies OF THE PRESIDENT OF THE RUSSIAN FEDERATION (c) To declare null and void. President of the Russian Federation Vladimir Putin Moscow, Kremlin 27 July 2006 N 157-FZ