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On Amendments To The Federal Law "on Valuation Activity In The Russian Federation" And Article 5 Of The Federal Law "on Amendments To The Federal Law" On Valuation Activity In The Russian Federation And Certain Legislative ...

Original Language Title: О внесении изменений в Федеральный закон "Об оценочной деятельности в Российской Федерации" и статью 5 Федерального закона "О внесении изменений в Федеральный закон "Об оценочной деятельности в Российской Федерации" и отдельные законодательные...

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RUSSIAN FEDERATION FEDERAL LAW On Amendments to the Federal Law On Evaluation Activities in the Russian Federation and Article 5 of the Federal Law On changes to Federal Law "On evaluation activities in the Russian Federation " and separate pieces of legislation Russian Federation " The State Duma adopted on December 21, 2010 Approved by the Federation Council on December 24, 2010 (In the wording of federal laws of 07.06.2013) N 113-FZ; dated 23.07.2013 N 249-FZ; dated 21.07.2014. N 225-FZ; dated 02.06.2016 N 172-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; N 31, sect. 3456; 2007, N 29, st. 3482; N 31, est. 4016; 2009, N 52, sect. 6450; 2010, N 30, sect. 3998), the following changes: 1) Part 3 of Article 3 should be supplemented with the words "or the review of disputes concerning the results of the determination of the cadastral value in the court or the dispute settlement commission of the determination of the cadastral value"; 2) in article 10: (a) the second part of the second sentence should read: "description of the object or assessment objects to permit their identification;"; b) part four of the redundant power; 3) in article 11: a) (b) Part seven: "The report should be numbered one page, with the exception of reporting in the form of an electronic document," signed by the evaluator or Appraisers who conducted the assessment and are also attached to the appraiser's personal seal or the seal of the legal person with whom the evaluator or appraisers entered into a contract of employment. "; in), supplement part eight with the following: " Report, in the form of an electronic document, to be signed electronically a digital signature in accordance with the law of the Russian Federation. "; g) to supplement Part 9 reading: " In the cases provided for by federal laws, the acts of the authorized federal authority, The report is to be published in accordance with the procedure established by the authorized federal body performing the regulatory function of the evaluation function. Activity. "; 4) Article 15-1 to be added to the paragraph to read: "Keep a copy of the report or copy of reports and copies of documents received from the customer, third persons and used in the assessment of the assessment object, within three years."; 5) to supplement Article 16-2 , to read: " Article 16-2. Expert of self-regulating organization of appraisers Expert of self-regulating organization of appraisers-member of expert council of self-regulating organization of valuers is recognized as a member of a self-regulating organization of valuers who has passed the single. The qualifying examination and the chosen member of the expert council of the self-regulating organization of appraisers by the general meeting of the members of the self-regulating organization of valuers. "; 6), add the following content to chapter II: " Article 17-1. Examinations of the report For the purposes of this Federal Act, the expert report or expert report refers to the actions of the expert or experts of the self-regulating organization of the appraisers in order to verify the report signed by the appraiser or by the evaluators. Members of this self-regulating organization, according to the type of expertise, including verification of: compliance with the requirements of the legislation of the Russian Federation on evaluation activities, including requirements of the present Federal Act, Federal Evaluation Standards and Other Acts An authorized federal regulatory body for the evaluation function and/or standards and rules of evaluation; evidence of the value of the estimate object determined by the evaluator in report. The report results in a positive or negative expert opinion prepared by the expert or experts of the self-regulating organization of valuers. A positive expert conclusion for the types of expertise established by this article is recognized as an expert opinion containing the conclusion that the report complies with the requirements of the legislation of the Russian Federation Activities, including this Federal Law, Federal Evaluation Standards and Other Acts of the Designated Federal Authority, which performs functions in the regulatory framework of evaluation activities and (or) standards and regulations estimate of the value of the estimate, or defined by the evaluator in the report. The Federal Evaluation Standard sets out the types of expertise, the manner in which it is conducted, the requirements for the expert opinion and the procedure for its approval. In case the report is mandatory and the report is prepared by the evaluators who are members of different self-regulating organizations of the appraisers, the expertise of this report is conducted in all self-regulating organizations of the appraisers, The members of which are the evaluators who drafted the report. If the evaluation of the report is conducted simultaneously in several self-regulating valuers ' organizations, the report may be used for evaluation only if all expert opinions on the report are positive. "; (7) Part Two of article 18, after the words "in the development of federal standards for evaluation," should be supplemented with the words "except in cases of violation of the time frame of the federal evaluation standards programme"; 8) Paragraph 3 of Article 19 should read: "Legal and regulatory framework for evaluation, approval of federal evaluation standards, development programmes of federal evaluation standards, and the development of federal standards for evaluation in case of violation of deadlines," of the Federal Evaluation Standards Programme; "; 9) Article 20 should read as follows: 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, taking into account international assessment standards within the time frame of the Federal Evaluation Standards Programme. (Spconsumed by Federal Law of 21.07.2014) N 225-FZ) If the National Council failed to submit the draft federal evaluation standard for approval to the authorized federal body performing regulatory functions Evaluation activities, within the time frame provided for by the federal evaluation standards programme, the authorized federal body performing the regulatory function of the evaluation activity, develops and approves Relevant federal evaluation standard. (Spconsumed by Federal Law of 21.07.2014) N 225-FZ The authorized federal body performing regulatory functions of the evaluation activity refuses to approve federal standards for evaluation if they do not meet the requirements 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. Approved federal standards for assessment and guidance on state cadastral valuation are not subject to State registration. Performance standards and rules are developed and approved by an evaluator's self-regulating organization and cannot be contrary to this Federal Law and Federal Evaluation Standards. "; 10) 21-1, to read: " Article 21-1. Single Qualification Examination Member of Self-regulating organization of appraisers can be included in the expert council of the self-regulating organization of appraisers only in the event of a single qualifying examination in accordance with The requirements of the Federal Evaluation Standard to the expert of the self-regulating organization of valuers. The expert knowledge requirements of the self-regulating organization of valuers are set by the Federal Evaluation Standard. The single qualification exam is conducted by the National Evaluation Board's evaluation board. Procedure for the establishment of the National Evaluation Board, the composition of such a review board, the procedure for holding and the completion of a single qualification examination, including the requirements for a special examination The software developed and used by the National Council for the purpose of a single qualification examination is approved by the authorized federal regulatory body Evaluation activities. A fee is charged for the reception of a single qualification examination, the size and procedure of which shall be charged by the National Assessment Activity Board, in consultation with the authorized federal authority The regulatory function of the evaluation function. (Paragraph is not in force-Federal Law of 07.06.2013). N 113-FZ) 11) to add the following article 21-2 to read: " Article 21-2. The qualification certificate of Qualification certificate is a certificate attesting to the single qualifying examination, provided that the applicant has passed the same qualifying examination. Types, forms of qualification certificates, procedures for their issuance and annulment, the procedure for the maintenance of the register of qualification certificates by the National Council shall be approved by the authorized federal body performing the functions of The regulatory framework for evaluation activities. The qualification certificate may be established by a self-regulating organization of valuers as an additional requirement for membership of a self-regulated organization or an additional requirement for its membership Members. "; 12) (Spspent force-Federal Law of 2 June 2016. N 172-FZ) 13) (Spspent force-Federal Law of 02.06.2016 N 172-FZ 14) (Spconsumed by Federal Law of 02.06.2016 N 172-FZ ) 15) in article 24-2: a) in Part Four: to add a new paragraph to the seventh reading: " election of a member of a self-regulating organization of valuers who have passed a single The qualification examination, on the expert council of the self-regulating organization of valuers; "; , paragraph 7, paragraph 8; b) in Part 7: to add a new paragraph to the seventh, to read as follows: " Additional requirements for members of the expert Council of Self-regulating Organization of Appraisers; "; to supplement the paragraph 8 with the following paragraph: " Procedure for the approval of an expert opinion prepared by an expert or experts of a self-regulating organization Appraisers; "; paragraph seventh to read paragraph 9 as paragraph 9; in) to add a new part of the ninth reading: " Meetings of the collegiate body of control of the self-regulating organization of valuers can be held in (...) (...) The ninth to eleventh shall be considered as parts of the tenth to twelfth; d) part twelve as part of the thirteenth and recognize its lapd; (e) the thirteenth part is considered part of the fourteenth and shall be considered as part of the fourteenth Revision: " Confirmation of the provision on the expert council of the self-regulating organization of appraisers and the requirements for the members of the expert council of the self-regulating organization of valuers, the formation of the expert council of self-regulating body organizations of appraisers, decisions on early termination of its powers or the authority of its members shall be for the exclusive competence of the general meeting of the members of the self-regulating organization of valuers. "; , part 14 is considered part of the fifteenth and should read as follows: "The expert council of self-regulating organization of valuers is formed from members of a self-regulated organization composed of not less than seven persons."; 16) Article 24-6 to be supplemented with Parts 4 to 6, which read: " Self-regulating organization of appraisers, expert or experts of which A positive expert opinion is prepared and approved in accordance with the procedure established by internal documents of the self-regulating organization of appraisers, and is jointly and severally liable for damages caused to the contracting authority. or property damage caused to third persons by actions (omissions) by the assessor or the valuers by a court determined by the arbitral tribunal in accordance with the established jurisdiction of the arbitral tribunal Federal Evaluation Standards and Evaluation Standards activities. Self-controlled valuers ' organization, which has suffered loss or damage to property, has the right of recourse to the expert or experts of the self-regulating organization of valuers. Compensation to the Employer for the assessment and (or) the third person of the loss or damage to property that arises in the cases provided for in this article and is established by a court decision that has entered into force, the arbitral tribunal according to The amount of the compensation fund of the self-regulated organization of the appraisers, of which the expert or experts are members, is not more than one million rubles. Self-regulating valuers organization has the right to impose additional requirements on the property responsibility of experts of the self-regulating organization of valuers. "; 17) in article 24-8: (a) the first part Fourth, after the words "self-regulatory organization of valuers", add the words "to the National Evaluation Council in the event of transfer to the National Board of Property, which is a compensation fund for the self-regulating organization of valuers"; (b) Part five to be supplemented by the words ", the National Council for assessment activities in the event of the transfer of the property constituting the compensation fund of the self-regulating organization of valuers to which the appraiser was a member at the time of the damage "; in the sixth word" for security purposes the property responsibility of members of the self-regulating organization of appraisers before customers or third parties "shall be replaced by the words" provided by this Federal Law "; g) in Part 8 of the word" six hundred thousand roubles " in the words "5 million roubles"; d) to supplement parts ninth to eleventh, to read: " In case of liquidation of a non-profit organization having the status of a self-regulated organization of valuers, and (or) excluding information on a non-profit organization from a single State The inventory of self-regulating valuers ' organizations, which is part of the compensation fund of such an organization, is to be transferred to the National Evaluation Board. The Self-regulating compensation fund provided to the National Evaluation Board shall be required to impose requirements similar to those laid down in the order of accommodation. The compensation fund of the self-regulating organization of valuers. Property, which is the compensation fund of the self-regulating organization of valuers and transferred to the National Evaluation Board, after four years from the date of liquidation of the self-regulating organization of valuers and (or) The exclusion of the non-profit organization from a single public register of self-regulating organizations of appraisers is to be returned in monetary form to persons who were members of such self-regulatory organization in a size not exceeding the size of their contributions to the compensation fund of the self-regulating organization In accordance with the procedure established by the authorized body of the federal authority responsible for the regulation of the assessment activity. "; and 18), the following paragraphs, 24 to 10, should be added to the following paragraphs: " Development of a programme for the development of federal evaluation standards; accommodation of a compensation fund for the self-regulating organization of valuers transferred to the National Evaluation Council, in the case of Article 24-8 of this Federal Law; Return of property constituting the compensation fund of the self-regulating organization of appraisers and transferred to the National Board of Evaluation, in the case established by Article 24-8 of this Federal Law; class="ed"> (Overtaken by Federal Law 23.07.2013) N 249-FZ) N 249-FZ) N 249-FZ) N 249-FZ) N 249-FZ) 19) Part 3 of Article 24-13 with the words "as well as in other data collections, databases and documents available to the cadastre office"; 20) Part 1 of Article 24-15 In the words "except in the case stipulated by article 24-21 of this Federal Law"; 21) (Spaced by Federal Law dated 02.06.2016 N 172-FZ ) 22) in part 10 of Article 24-19: (a) Paragraph 3, after the word "spelling", add "or a Certifying"; b) to add the following paragraph: " positive expert opinion prepared by the expert or experts of a self-regulatory organization of valuers, of which the evaluator is a member of the report on the conformity of the estimated market value of the assessment object to the requirements OF THE PRESIDENT OF THE RUSSIAN FEDERATION the number of requirements of this Federal Law, federal standards for evaluation and other acts of the authorised federal body performing functions on normative legal regulation of evaluation activities, requirements of standards and regulations Evaluation activities of such self-regulatory organization of valuers in cases determined by the authorized federal body performing the regulatory function of the evaluation activity, in the standard requirements for the creation order and the work of the commission. "; 23) in article 24-21: (a) The word "provides" should be replaced by the word "shall"; (b) be added to the second reading: " The powers of the body exercising functions of the State cadastral office under this article assessment, for the determination of the cadastral value of newly incorporated real estate objects and real estate objects, for which there has been a change in their quantitative and (or) qualitative characteristics, on the basis of the decision of this body, To implement the State budgetary institutions under its authority. " Article 2 Article 5 of the Federal Law of July 22, 2010, No. 167-FZ "On amendments to the Federal Law" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3998), amend to read: " 3. Prior to 1 January 2013, the authority to make a decision on the conduct of the State cadastral assessment and the authority of the Employer for the determination of the cadastral value, with the exception of the powers established by articles 24 to 17 and 24 to 18 of the Federal Act On 29 July 1998, N 135-FZ "On evaluation activities in the Russian Federation" (in the wording of this Federal Law), also implements the body performing functions of state cadastral evaluation. ". Article 3 Admit redundant: 1) Paragraph 13 of Article 1 Federal Law of 27 July 2006 "On amendments to the Federal Law" On evaluation activities in the Russian Federation " (Parliament of the Russian Federation) OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3456); 2) Paragraph 2 of Article 2 of the Federal Law of July 24, 2007 No. 220-FZ "On amendments to the Federal Law" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4016). Article 4 1. This Federal Law shall enter into force on the date of its official publication, with the exception of the provisions for which this article establishes a different time frame for their entry into force. 2. Paragraphs 6 and 12 of Article 1 of this Federal Law shall enter into force 90 days after the date of the official publication of this Federal Law. 3. Paragraphs 5, 10, 11, subparagraph "a", paragraphs 4 and 5 of paragraph 15, paragraph 15, of article 1, paragraph 16, of this Federal Law shall enter into force on 1 October 2011. 4. For persons included in the expert councils of self-regulating organizations of appraisers, the provisions of Articles 16-2, 21-1, 21-2, 21-2, and Parts of the Self-regulating Organizations of Self-regulating Organizations of Self-regulating Organizations of Self-regulating Organizations the fourth and seventh articles of article 24-2, part four-sixth article 24-6 of the Federal Law of 29 July 1998 No. 135-FZ " On assessment activities in OF THE PRESIDENT OF THE RUSSIAN FEDERATION are applicable as from 1 July 2012. 5. In the event that the National Evaluation Council does not submit a programme for the development of federal evaluation standards to the authorized federal body performing regulatory functions for evaluation activities, approval within three months from the date of the entry into force of this Federal Act, the Federal Authority shall establish and approve a programme for the development of federal assessment standards within a period not later than sixty calendar days from the date of of the programme by the National Council for the Evaluation activities. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin December 28, 2010 N 431-FZ