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

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

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RUSSIAN FEDERATION FEDERAL LAW On Amendments to the Federal Law On Evaluation Activities in the Russian Federation and Selected Acts of Laws of the Russian Federation Federation Adopted by the State Duma on July 9, 2010 Approved by the Federation Council on July 14, 2010 (In the wording of federal laws dated 28.12.2010 N 431-FZ; dated 30.11.2011) N 346-FZ; of 23.07.2013 N 248-FZ; 04.10.2014 N 284-FZ) Article 1 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3813; 2002, No. 4, sect. 251; N 12, est. 1093; N 46, est. 4537; 2003, N 2, est. 167; N 9, est. 805; 2004, N 35, sect. 3607; 2006, N 2, st. 172; N 31, sect. 3456; 2007, N 7, sect. 834; N 29, est. 3482; N 31, est. 4016; 2008, N 27, est. 3126; 2009, N 19, sect. 2281; N 29, st. 3582; N 52, sect. 6419, 6450) the following changes: 1) in Article 3: a) Part one after the word "market" to add the word ", cadastral"; b) to be added to the third reading: " For the purposes of this The federal law of cadastral value refers to the value established by the State cadastral valuation. "; (2) in article 16: (a) the title should read: " Article 16. The independence of the assessor and the legal entity, with which the appraiser entered into the employment contract "; b), to supplement the fifth and sixth sections as follows: " The legal person shall not have the right to conclude a contract in cases where it has a property interest in the assessment site and (or) is an affiliate of the customer, and in other cases established by the legislation of the Russian Federation. The size of the monetary remuneration for the evaluation of the assessment facility cannot depend on the total value of the assessment object. "; 3) paragraph 3 of article 19 to be supplemented with the words", guidance on the state The cadastral assessment and regulatory technical documents required for the conduct of the State cadastral assessment "; 4) in article 20: (a) Part 5 of the inventory, other federal laws, other regulatory legal instruments evaluation acts; b) to supplement the new Part 7: "Approved federal assessment standards and guidelines on state cadastral valuation are not subject to State registration."; in) Part seven is considered part eight; 5) in article 21, the word "higher" and the word "higher" should be deleted; 6) Part 1 of Article 24-5 should be supplemented with the following sentence: " Procedures for supervising the activities of self-regulating organizations of valuers established by the authorized federal authority the regulatory function of the assessment activity. "; 7) to supplement Chapter III-1 with the following content: " CHAPTER III-1. PUBLIC EVALUATION OF THE Article 24-11. The concept of State cadastral assessment For the purposes of this Federal Act, the State cadastral valuation refers to a series of actions that include: the adoption of a decision on the conduct of a State Cadastral evaluation; the development of a list of real estate objects subject to State cadastral assessment; the selection of the contractor for the identification of the cadastral value and the conclusion of an assessment contract with it; Definition of inventory value and reporting on Identification of cadastral value; inventory valuation report; approval of the results of the inventory value definition; publication of approved inventory results Cost; The results of the cadastral valuation in the public real estate cadastre. The review of the inventory value disputes shall take into account the particularities established by this Federal Law. Article 24-12. The decision to conduct a state cadastral assessment of the state cadastral valuation is carried out by the decision of the executive body of the State authorities of the constituent entity of the Russian Federation or in cases determined by it. OF THE PRESIDENT OF THE RUSSIAN FEDERATION cadastral valuation). The Authority that decided to conduct a State cadastral assessment is the employer of the work on the determination of the cadastral value. Article 24-13. Establishment of a list of real estate objects of the State cadastral valuation State cadastral valuation is carried out in relation to real estate objects accounted for in the State real estate cadastre. The list of real estate objects for the purpose of state cadastral assessment is formed by the authorized federal executive authority in the field of public registration of real property rights and transactions with it, Cadastral surveying and maintenance of the State real property cadastre (hereinafter referred to as the cadastre authority). Such a list of real estate objects indicates the quantitative and qualitative characteristics of real estate objects required for the conduct of the State cadastral assessment and the State cadastre real estate. Article 24-14. Award of the liability insurance contract for causing damage as a result of the implementation of the inventory inventory activity { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } The cost is to conclude a liability insurance contract for damage resulting from the activity in the determination of the cadastral value in the amount of not less than thirty million roubles. The liability insurance contract for damage resulting from the determination of cadastral value should be concluded prior to the signing of the contract for the evaluation. Article 24-15. Definition of cadastral value and compilation inventory value definition report The determination of the cadastral value is performed by the assessors in accordance with the requirements of this Federal Law, acts An authorized federal body performing regulatory functions for the evaluation activities, standards and rules for the valuation activities that govern the determination of the cadastral value. Production of a report on the determination of the inventory value is done on paper and electronic media at least in three copies. The requirement for a report on the determination of the cadastral value is established by the authorized federal body performing the regulatory functions of the evaluation activity. Article 24-16. Expert report on the inventory value of the cadastral value Within thirty days from the date of the inventory valuation report, the work on cadastral valuation work is required to ensure that the expertise of this report, including a reconstituted self-regulating organization of valuers, whose members are evaluators who have carried out the determination of the cadastral value. As a result of the examination of the report on the determination of the cadastral value, the self-regulating organization of appraisers gives an expert opinion on the conformity or non-conformity of this report with the requirements of this Federal Law, acts An authorized federal body performing regulatory functions for the evaluation activities, standards and rules for the valuation activities that govern the determination of the cadastral value. Expert conclusion of the self-regulating organization of appraisers of the failure of the report on the determination of the inventory value of the requirements of this Federal Act, the acts of the authorized federal body performing the functions of The legal and regulatory framework for the evaluation activities, standards and rules of the valuation activities that govern the determination of the cadastral value includes an exhaustive list of identified violations and their respective justification. The Actor for the determination of the cadastral value according to the detected violations is processing the report on the determination of the cadastral value and ensures that it is re-examined. The inventory value determination report is taken by the employer to determine the cadastral value only if there is an expert opinion on its conformity with the requirements of this Federal Act, acts An authorized federal body performing regulatory functions for the evaluation activities, standards and rules for the valuation activities that govern the determination of the cadastral value. Article 24-17. Adoption of the results of the inventory value Within ten working days from the date of the report on the determination of the inventory value of the customer's inventory value, approves the results Identification of cadastral value. Within five days from the date of approval of the cadastral value, the inventory value information and one copy of the inventory value report is sent by the customer on the definition of the cadastral value The Government of the Russian Federation is responsible for the implementation of the Convention on the Rights of the Sea. Article 24-18. Publication of approved results cadastral value Within ten working days from the date of approval of the results of the determination of the inventory value of the cadastral work customer Publish information on the approved inventory value, including the cadastral value, the date of the last government inventory estimate, and other information provided by the federal executive authority. on the Exercise of the Regulatory and legal regulation of the State cadastre of real estate, cadastre and cadastral activities. In case the results of the cadastral valuation affect the rights and obligations of natural persons, legal entities, these persons are entitled to submit a request for information on cadastral value to the cadastre body OF THE PRESIDENT OF THE RUSSIAN FEDERATION July 2007 N 221-FZ "On State Real Property Cadastre". Article 24-19. Review of the results of the definition cadastral value The results of the cadastral valuation results can be challenged in a court or a dispute resolution commission on the results of the inventory value determination (hereinafter referred to as the commission) by natural persons, legal entities, if the results of the determination of the cadastral value affect the rights and obligations of these persons, as well as the public authorities, local authorities in respect of facilities in the State or in the Municipal property (hereinafter referred to as the applicants). The Commission is set up by a body carrying out the functions of the State cadastral valuation in the territory of the relevant subject of the Russian Federation. The commission consists of one representative of the executive branch of the constituent entity of the Russian Federation, the body performing the functions of the State cadastral evaluation, the cadastral body, the self-regulating organization of valuers, and members which are the evaluators who have carried out the determination of the cadastral value, the National Evaluation Council. The model requirements for the establishment and work of the commission are established by the authorized federal body performing the regulatory functions of the evaluation activity. The Commission's decisions can be challenged in court. The results of the determination of the cadastral value can be challenged in the commission within six months from the date of their introduction into the State real estate cadastre. To appeal the results of the cadastral valuation, the applicant requests the commission to review the valuation of the cadastral value (hereafter referred to as the inventory valuation review). Grounds for revising the results of the inventory value are: Unreliability of the property information used in determining its cadastral value; Relation of the real estate object to its market value on the date on which its cadastral value was established. In order to determine the basis for the revision of the real property cadastral value, the applicant is entitled to contact the Employer for the determination of the cadastral value and the cadastral office with the request for Providing information on the real estate object used in determining its cadastral value. Within seven working days from the date of receipt of the request, the customer's cadastral work and the cadastral authority are required to provide the applicant with relevant information. The application for the revision of the cadastral value is attached: real property cadastral passport; notarially certified copy of the legal title to the real estate if the claim is The revision of the cadastral value is submitted by the person with the right to the real estate; documents confirming the lack of reliability of the property information used in the determination of its state cadastral valuation in if the application for the revision of the cadastral value is filed on the basis of the unreliability of the information; report in case the application for the revision of the cadastral value is made on the basis of the market value of the real estate object. The application for the revision of the cadastral value without the annexes is not accepted. Other documents may also be attached to the application for the revision of the inventory value. A review of the inventory value shall be considered by the commission within one month of the date of its receipt. In a 7-day period from the date of receipt of the application for the review of the cadastral value, the commission shall issue a notification of the receipt of the application and its acceptance for consideration, with an indication of the date of its consideration by the local authority. The self-government in whose territory the real estate is located, the results of the cadastral value of which is disputed, and the person entitled to such property. If the application for the revision of the cadastral value was submitted on the basis of a lack of information about the real estate, the commission is entitled to take one of the following decisions: Rejection of application for revision of cadastral value in the case of the use of reliable real property information in the determination of the cadastral value; on the revision of the cadastral value in the case of the use of unreliable Information on the real estate property in the determination of the cadastral value. If a decision is made to revise the results of the determination of the cadastral valuation, the work on the determination of the cadastral value ensures the cadastral value of the real property in respect of which it was adopted Such a decision, in accordance with the procedure established by the authorized federal body performing regulatory functions of the assessment activity. In the case where the application for the revision of the cadastral value was made on the basis of a report of the market value of the real estate, the commission shall decide on the cadastral value of the property in the real estate The amount of its market value. Within five working days from the date of the review of the application for the review of the cadastral value of the relevant decision, the commission shall notify the person possessing the right to the real estate, the results of the determination The cadastral value of which is disputed and the local government entity in whose territory the real estate is located. Article 24-20. The results of the inventory value of the State cadastre real property Within ten working days from the date of completion of the review of the results of the inventory valuation results The body performing the functions of the State cadastral valuation shall provide information on cadastral value to the cadastre authority. Within ten working days from the date of receipt of the cadastral value, the cadastre agency implements them in the State real estate cadastre, unless otherwise provided by the legislation of the Russian Federation. The cadastral value information is used for the purposes provided by the legislation of the Russian Federation from the moment they are entered into the State Cadastre Cadastre. Article 24-21. Definition of the cadastral value of again real estate objects and properties of the real estate in relation to which changes in their quantitative and/or (or) qualitative characteristics If, between the date of the last State cadastral assessment and the date of the next state cadastral valuation, the State cadastral register has not previously been taken into account. The State Real Property Cadastre has been amended accordingly When changing the qualitative and/or quantitative characteristics of real estate objects with a change in their cadastral value, the body performing the functions of the State cadastral evaluation provides the definition The cadastral value of these real estate objects is in the order established by the authorized federal body performing the regulatory functions of the assessment activity. Article 24-22. The State Cadastral Assessment Data Fund The information used in the State cadastral valuation and formed as a result of the cadastral valuation is a fund of the State cadastral valuation data. In order to maintain the State Cadastral Assessment Data Fund, the body performing the functions of the State cadastral evaluation function collects the baseline data, results of the State cadastral valuation, and also conducts the Real estate market monitoring. The procedure for the collection and provision of information from the State Cadastral Assessment Fund shall be established by the authorized federal body performing the regulatory function of the evaluation activity. ". Article 2 (Spconsumed by force-Federal Law of 04.10.2014) N 284-FZ) Article 3 Amend the Land Code of the Russian Federation (Collection of Russian legislation, 2001, N 44, sect. 4147; 2005, N 30, est. 3122; 2006, N 52, sect. The following changes: 1) Article 7, paragraph 2, should be added to the following paragraph: " Types of permitted use of the land are determined in accordance with the classifier approved by the federal authority The executive branch, which is responsible for the formulation of public policies and regulations in the field of land relations. "; (2) in article 66: (a), the second sentence of the first paragraph of paragraph 2, to read as follows: The State cadastral valuation of land is carried out as follows: in accordance with the legislation of the Russian Federation on evaluation activities. "; (b) paragraph 3 should read as follows: " 3. In cases where the market value of land is determined, the cadastral value of this land is set at its market value. ". Article 4 Article 95 Forest Code of the Russian Federation, 2006, N 50, p. 5278; 2008, N 30, sect. 3599) to be supplemented with Part 3, as follows: " 3. The State cadastral valuation of forest sites is conducted in accordance with the legislation of the Russian Federation on evaluation activities. ". Article 5 1. The provisions of this Federal Act do not apply to the State cadastral valuation of lands which have been concluded before the expiry of the 60 days after the date of the official publication of this Federal Law and the work The Conference of the United Nations High Commissioner for Human 2. The State cadastral valuation of land which has not completed its work until 60 days after the date of the official publication of this Federal Act is conducted in accordance with the rules laid down by the Government of the Russian Federation. 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 the functions of the State cadastral evaluation. (...) (...) N 431-FZ 4. In the event of a decision on the conduct of a State cadastral assessment and the exercise of the authority of the client in the determination of the cadastral value by the Government Plenipotentiary of the Russian Federation by the federal executive branch, On the basis of the State cadastral evaluation function, the authority of the customer of the said works, set out in articles 24 to 17 and 24 to 18 of the Federal Act of 29 July 1998 "On assessment activities in the Russian Federation", implements the authority THE RUSSIAN FEDERATION The State cadastral valuation is carried out. (Part of the addition is the Federal Law of 30.11.2011). N 346-FZ) Article 6 1. This Federal Act shall enter into force on the date of its official publication, with the exception of the provisions for which the present article establishes a different date of entry into force. 2. Paragraph 3-twenty-third, twenty-fifth, twenty-fifth, twenty-eight-thirty-ninth, forty-first, forty-second, forty-fourth-sixty-fifth, sixty-seventh-seventies of Article 1 of this Federal Law shall enter into force 60 days after the date of official publication of this Federal Law. 3. Article 2 of this Federal Law shall enter into force on 1 January 2011. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin July 22, 2010 N 167-FZ