home Trips Legislative base of the Russian Federation. Federal law on appraisal activities as amended Law on appraisal 135

Legislative base of the Russian Federation. Federal law on appraisal activities as amended Law on appraisal 135

Federal Law No. 172-FZ "On Amendments to Certain Legislative Acts of the Russian Federation" signed by the President of Russia, despite numerous appeals from the assessment community to Vladimir Putin with a request to reject the signing of the bill. The document introduces significant changes to the law N 135-FZ "On appraisal activities in the Russian Federation".

Changes made to the law on appraisal activities:

a compulsory qualification exam has been introduced;
the obligatory examination by SROs of appraisal reports was canceled;
the responsibility of the customer for providing data about the object of assessment was introduced;
the powers of the Council for Appraisal Activity under the Ministry of Economic Development of Russia were changed.

The adoption of the law was commented on by Irina Vishnevskaya, General DirectorBerkshire Advisory Group, NS Expert of the Working Body for Methodological Support and Expertise under the Council for Appraisal Activities of the Ministry of Economic Development of the Russian Federation, expert of the Working Body for the Protection of the Rights and Legal Interests of Appraisers and SROO of the Council for Appraisal Activities of the Ministry of Economic Development of the Russian Federation:

“This is a law that has already been signed by the President of the Russian Federation, and for its implementation everyone will have to start working in a new way. A new era of work in the industry has begun. Reboot".

Mandatory qualifying exam. For all

The bill establishes a compulsory qualification examination for all appraisers. An appraiser who has a higher education and / or has undergone professional retraining in the direction of assessment is allowed to take the exam. Exam frequency - every three years... After successfully passing the test, the evaluator will be able to work only in the areas indicated in the qualification certificate.

Vladimir Oleinikov, Partner, Head of Financial Consulting, SRG Group, comments on the changes:

“In accordance with the new law, an appraiser can carry out appraisal activities only in the areas indicated in his qualification certificate. Thus, in the appraisal activity, several directions will be highlighted - the appraisal of movable property, the appraisal of real estate, the appraisal of the business, etc. Previously, for example, an equipment appraiser who had never appraised a business could sign a report on the appraisal of shareholdings without having the required level of competence. With the introduction of the certification measure in the areas, the appraiser will first have to confirm his expert level in the appraisal of a certain type of property, after which he will have the right to sign appraisal reports. "

You can retake the exam no earlier than after 90 days. Until an appraiser has a qualification certificate, he cannot become a member of an SROO, carry out appraisal activities and draw up appraisal reports.

“The compulsory exam means that the state has taken measures to clean up the market, as a result of which the number of appraisers in the country is expected to decrease from 20 thousand to about 4 thousand. Passing the exam will turn into a months-long "scourge", similar to how exams are held by auditors ", - comments Irina Vishnevskaya.

A qualification certificate is issued by a body authorized to conduct a qualification exam, provided that the applicant has passed the exam and also has at least three years of work experience (experience) in the field of assessment. And of them at least a year - in the position of an appraiser assistant or appraiser.

Oleinikov Vladimir assesses the introduction of requirements for the appraiser's work experience positively:

“The introduction of this measure is absolutely justified and is an indicator of an increase in the status of the profession. Earlier, a university graduate who received a diploma in appraisal education, who did not have a year of practice in appraisal activity, could receive membership in an SRO and the status of an appraiser. Nothing prevented such an appraiser from signing reports on the appraisal of the most complex property with a market value of over several billion rubles. "

Which body will conduct the exam, how the qualifications will be assessed and in what areas are not specified in the Federal Law. It is worth noting that the lack of specifying specific directions creates the preconditions for splitting the profession into narrow specializations. Professionals practicing the assessment of several types of property, obviously, will be forced to either take exams in all areas, or narrow the field of their professional activities. The consequence of the adoption of this bill will inevitably increase the financial burden on appraisers.

“This is unlikely to lead to an increase in the cost of services,” says Irina Vishnevskaya. The consolidation will also affect companies with a name. Most likely, we will see completely different players in the appraisal market in the next Expert RA rating ”.

The introduction of a compulsory qualification exam for appraisers was supported by Olga Kosets, President of the International Public Organization for Support and Protection of Small and Medium-Sized Businesses "Business People", a municipal deputy of Moscow:

“I believe that the state, as an interested party, has the right to make clear requirements for the people who carry out the assessment. The compulsory exam will not only determine the level of qualifications, but also stimulate the acquisition of the appropriate level of knowledge. The resistance and indignation of the expert community in this case is incomprehensible to me. If only because unscrupulous market participants - like a fly in the ointment in a barrel of honey - damage the image of appraisers as a whole. Although I share the concern of some specialists who believe that it will be possible to pass the qualification certificate “for money”.

Let us recall that the issues of determining the level of competence and professionalism of appraisers have recently been actively discussed within the framework of the Council for Professional Qualifications of the Financial Market, acting in order to fulfill the instructions of the President of Russia on the creation of a system of independent assessment of qualifications. The professional standard "Specialist in appraisal activity" has been developed. At the moment, the professional standard is being tested, as well as the development of assessment tools by the centers for assessing qualifications.

An independent assessment of qualifications will be regulated by a special federal law "On independent assessment of qualifications" (draft federal law No. 1029618-6). Part 3 of Article 1 of the draft law states:

This version contradicts the position of the Constitutional Court of the Russian Federation, expressed in the ruling of June 29, 2004 No. 13-P and establishing that the norms of the law, which is specifically designed to regulate the relevant relations, are recognized as priority ones. In addition, this norm of the draft law allows for the priority of other regulatory legal acts of the Russian Federation over the law, which does not correspond to the constitutional principle of the supremacy of federal laws.

It is still difficult to say in what form the two systems for assessing the qualifications of appraisers will coexist: mandatory (provided for by the new edition of 135-FZ) and voluntary (within the framework of the system of independent assessment of qualifications).

Cancellation of mandatory examination by SROs of appraisal reports

The decision to abolish the obligatory examination of SROs looks inconsistent: over the past few years, changes have been introduced aimed specifically at strengthening the responsibility of experts when conducting examinations of assessment reports.

2011-2013 - requirements for the level of knowledge of experts were developed and approved, a unified qualification exam was introduced to confirm their professionalism;

2014 year... - the responsibility of experts for possible losses to consumers has been increased to 5,000,000 rubles;

2015 year... - the subject of the examination has been changed: it has become the responsibility of the expert to check the appraisal report not only for its compliance with the requirements of the legislation, but also in terms of confirming the market value of the appraisal object.

Irina Vishnevskaya believes that the abolition of mandatory examination will inevitably lead to a decrease in the quality of assessment reports:

“Due to the abolition of the obligatory examination of appraisal self-regulating organizations, I expect a deterioration in the quality of services, due to the now uncontrolled appraisers, especially regional ones, where the quality of examination has significantly lagged behind the standards of the market leaders - large Moscow and St. Petersburg companies. As a result, we will see an increase in the number of complaints from consumers of services and disciplinary sanctions imposed, especially in connection with the tightening of requirements under the disciplinary code of the SROO.
Given the massive privatization plan for 2016, a new threat is emerging. The expertise of the SRO, which was previously mandatory, is no longer required, and as a result, the pressure of the state customer on the appraisers, which has always been significant, but was limited by the argument that SROs will not miss the report, will disappear. Also, the self-regulation system, in addition to control functions, ensured the exchange of knowledge, training of appraisers. Now this will not happen. "

Olga Kosets, on the contrary, is confident in the usefulness of canceling the mandatory examination:

“My opinion is that the institute of SRO has not taken root in our country today, its creation is premature. We are not ready to unite in professional communities to achieve government goals. Most often, SROs are an additional gasket, as a result of which entrepreneurs incur additional costs. Compulsory examination, although it is free, has obvious signs of corruption, so its cancellation would be a positive factor. "

The state has long expressed dissatisfaction with the work of the SRO experts, however, it has been systematically solving this problem, increasing the responsibility of the experts. Now there is no compulsory examination at all. Who needs it? It is really difficult to ignore the fact pointed out by Irina Vishnevskaya: the abolition of the mandatory examination coincided with the upcoming large-scale privatization of state property.

Responsibility of the customer for providing data on the subject of assessment

The bill also contains positive changes, in particular, it introduces the customer's responsibility for providing data on the subject of assessment. Previously, the appraiser and the self-regulatory organization that carried out the examination were responsible for the objectivity of the assessment. However, the objectivity of the assessment, no doubt, is significantly influenced by the completeness and reliability of the initial information, which in some cases was very problematic to learn from the customer.

“Any transaction involves the responsibility of two parties - the customer and the contractor, this point is now enshrined in law. Previously, all responsibility for the objectivity of the assessment was assigned to the appraiser and the SRO, which performed the examination of the report. To create a transparent procedure for transactions with property, especially when it comes to state and municipal property, the initial data for the assessment received from the customer is a necessary item, ”notes Olga Kosets.

The changes regarding customer liability are undoubtedly positive. Alina Tukhvatullina, a lawyer at the FreshDoc.ru Document Designer, believes that this norm cannot be called absolutely new:

“Amendments to the law on appraisal activity mainly touch upon the issues of appraisers' liability. But something is also provided for the customer of the assessment; a separate article in the law (15.2) will finally be devoted to him. The rights and obligations of the customer are discussed; emphasizes, for example, the obligation of the customer to provide the appraiser with all the necessary information and documentation. The appraiser will now be able to directly appeal to the client's obligation to facilitate the appraisal in every possible way. This norm, most likely, cannot be called absolutely new; we are talking about clarifying the previously existing responsibilities. Indeed, even now the appraisers send the customer a request to provide information on the subject of appraisal, referring to Article 14 of the law on appraisal activities. But if now the provision of access to information that is a commercial secret depends on the goodwill of the customer, then the new law establishes a direct obligation of the customer to give access to documents that keep commercial secrets. Now, in practice, our clients prescribe access to trade secrets in the contract for the provision of appraisal services or in a separate confidentiality agreement. "

According to Irina Vishnevskaya, the changes regarding the customer's liability are unlikely to be fully applied:

“As for attempts to impose responsibility on the customer, I do not believe in the efficiency of this mechanism. If this is declared as a way to relieve the appraisers of the responsibility assigned to them for the need to recheck facts and data, we will continue to do so. "

Powers of the Council for Appraisal Activities under the Ministry of Economic Development of Russia

The powers of the Council for Appraisal Activities under the Ministry of Economic Development of Russia are excluded from the powers to consider draft regulatory legal acts of the Russian Federation in the field of appraisal activities and to submit recommendations for their approval.

“The Council for Appraisal Activity under the Ministry of Economic Development of Russia is now an optional body,” explains Irina Vishnevskaya. "While further actions are not clear, the SROS will probably make an attempt to preserve it and legitimize the materials that are being developed there."

The appraisal community fears that such changes may lead to a transition from self-regulation of appraisal activities (adoption of regulations taking into account the position of both the professional appraisal community and the opinions of consumers of appraisal services) to state regulation of this area.

Most of the provisions of the Law come into force on July 01, 2017. However, the document contains a reservation: for members of the SRO (for persons who are members as of 01.01.2017):

the norm that "an appraiser can carry out appraisal activities in the areas specified in the qualification certificate" will be applied from April 01, 2018;
the norm establishing a prerequisite for membership in an SROO, in addition to the current requirements, namely "the presence of a qualification certificate", has been applied since April 01, 2018.

On June 10, NP SRO "SVOD" will hold a free open webinar dedicated to amendments to 135-FZ "On appraisal activities in the Russian Federation".

Federal Law of July 29, 1998 N 135-FZ "On appraisal activities in the Russian Federation" with the latest amendments introduced by the Federal Law of 28.11.2018 N 451-FZ, entered into force on October 1, 2019(ed. 49).

Foreword

The original text of Federal Law No. 135-FZ was published in the Collection of Legislation of the Russian Federation on 08/03/1998 (N 31), in the Rossiyskaya Gazeta on 08/06/1998 (N 148-149).

Appraisal activity- professional activity of subjects of appraisal activity aimed at establishing market, cadastral or other value in relation to appraisal objects (Article 3 of Law No. 135-FZ).

Since the introduction of the law on appraisal activities, dozens of amendments have been made to it, the most important of which are the following:

SROO membership instead of a license

In 2006, legal entities were excluded from the list of appraisers; an individual can be an appraiser.

Instead of licensing for appraisers, compulsory membership in the Self-Regulatory Organization of Appraisers (SROO) was introduced.

Self-Regulatory Organization of Appraisers- a non-profit organization created in order to regulate valuation activities and control the activities of its members in terms of their compliance with the requirements of this Federal Law, federal valuation standards, other regulatory legal acts of the Russian Federation in the field of valuation activities, standards and rules for valuation activities, rules of business and professional ethics , included in the unified state register of self-regulatory organizations of appraisers and uniting appraisers on the terms of membership (Article 22 of Law No. 135-FZ).

The Law on Appraisal Activity establishes the procedure and criteria for including a non-profit organization in the unified state register of self-regulatory organizations of appraisers, the functions of the SROO are named, the main rights and obligations of the SROO are indicated, and a list of grounds for refusing to become a member of a self-regulatory organization is given.

Real estate cadastral valuation

In 2010, Law No. 135-FZ was supplemented with Chapter III.1 "State Cadastral Valuation", containing provisions on the procedure for assessing the cadastral value of real estate, approving its results and challenging the results of determining the cadastral value.

For clarifications on the issues arising from the courts when considering cases on challenging the results of determining the cadastral value, see the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 30, 2015 N 28 "On some issues arising during the consideration of cases by courts on challenging the results of determining the cadastral value of real estate objects"

RUSSIAN FEDERATION

THE FEDERAL LAW

ON EVALUATION ACTIVITIES IN THE RUSSIAN FEDERATION

Chapter I. General Provisions

Chapter II. Grounds for the implementation of valuation activities
and conditions for its implementation

Chapter III. Regulation of appraisal activities

Chapter IV. Final provisions

The president
Russian Federation
B. YELTSIN

The legislation governing valuation activities in the Russian Federation consists of this Federal Law, federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with it, laws and other regulatory legal acts of the constituent entities of the Russian Federation, as well as international treaties of the Russian Federation.

The constituent entities of the Russian Federation regulate appraisal activities in the manner prescribed by this Federal Law. If an international treaty of the Russian Federation establishes rules other than those provided for by the legislation of the Russian Federation in the field of appraisal activities, the rules of the international treaty of the Russian Federation shall apply.

This Federal Law defines the legal framework for regulating appraisal activities in relation to appraisal objects belonging to the Russian Federation, constituent entities of the Russian Federation or municipalities, individuals and legal entities, for the purpose of making transactions with appraisal objects.

For the purposes of this Federal Law, the appraisal activity is understood as the activity of the subjects of appraisal activity aimed at establishing the market or other value in relation to the objects of appraisal.

For the purposes of this Federal Law, the market value of the appraisal object is understood as the most probable price at which this appraisal object can be alienated in the open market in a competitive environment, when the parties to the transaction act reasonably, having all the necessary information, and the value of the transaction price does not reflect any or extraordinary circumstances, that is, when:

one of the parties to the transaction is not obliged to alienate the subject of valuation, and the other party is not obliged to accept performance;

the parties to the transaction are well aware of the subject of the transaction and act in their own interests;

the subject of assessment is presented to the open market in the form of a public offer;

the price of the transaction is a reasonable remuneration for the object of valuation and there was no coercion to complete the transaction with respect to the parties to the transaction from any party;

the payment for the subject matter is expressed in monetary terms.

The subjects of appraisal activities are, on the one hand, legal entities and individuals (individual entrepreneurs) whose activities are regulated by this Federal Law (appraisers), and on the other hand, consumers of their services (customers).

Assessment objects include:

separate material objects (things);

a set of things that make up the property of a person, including property of a certain type (movable or immovable, including enterprises);

ownership and other property rights to property or individual things from the composition of the property;

rights of claim, obligations (debts);

works, services, information;

other objects of civil rights in respect of which the legislation of the Russian Federation establishes the possibility of their participation in civil circulation.

The Russian Federation, constituent entities of the Russian Federation or municipalities, individuals and legal entities have the right to an appraiser to evaluate any objects of appraisal belonging to them on the grounds and conditions provided for by this Federal Law.

The right to appraise the object of appraisal is unconditional and does not depend on the procedure established by the legislation of the Russian Federation for the implementation of state statistical accounting and accounting and reporting. This right also extends to the re-assessment of the subject of assessment. The results of the appraisal of the appraisal object can be used to correct the accounting and reporting data.

The results of the appraisal of the object of appraisal may be appealed by interested parties in the manner established by the legislation of the Russian Federation.

In the event that a specific type of value of the appraised object is not determined in a regulatory legal act containing the requirement for the mandatory assessment of any appraisal object, or in the contract on appraisal of the appraisal object (hereinafter referred to as the contract), a specific type of value of the appraisal object is not determined, the market value of this object is to be established.

This rule shall also be applied in the case of the use in a regulatory legal act of terms not provided for by this Federal Law or valuation standards that determine the type of value of the valuation object, including the terms "actual value", "reasonable value", "equivalent value", "real value "and others.

The appraisal of the appraisal objects is mandatory in the event that appraisal objects belonging in whole or in part to the Russian Federation, constituent entities of the Russian Federation or municipalities are involved in the transaction. including:

when determining the value of objects of appraisal belonging to the Russian Federation, constituent entities of the Russian Federation or municipalities, for the purpose of their privatization, transfer to trust or lease;

when using the objects of appraisal belonging to the Russian Federation, constituent entities of the Russian Federation or municipalities, as a subject of pledge;

when selling or otherwise disposing of appraisal objects belonging to the Russian Federation, constituent entities of the Russian Federation or municipalities;

in the event of the assignment of debt obligations related to the objects of appraisal belonging to the Russian Federation, constituent entities of the Russian Federation or municipalities;

when transferring objects of appraisal belonging to the Russian Federation, constituent entities of the Russian Federation or municipalities, as a contribution to authorized capital, funds of legal entities, as well as in the event of a dispute about the value of the object of appraisal, including:

during the nationalization of property;

in case of mortgage lending to individuals and legal entities in cases of disputes about the value of the subject of the mortgage;

when drawing up marriage contracts and dividing the property of divorced spouses at the request of one of the parties or both parties in the event of a dispute about the value of this property;

in the event of redemption or other seizure of property from owners for state or municipal needs provided for by the legislation of the Russian Federation;

when assessing the objects of appraisal in order to control the correctness of the payment of taxes in the event of a dispute about the calculation of the taxable base.

This article does not apply to relations arising from the disposal of state and municipal unitary enterprises and institutions of property assigned to them on the basis of the right of economic management or operational management, except for cases when the disposal of property in accordance with the legislation of the Russian Federation is allowed with the consent of the owner of this property. ...

Chapter II. BASIS FOR IMPLEMENTATION OF EVALUATION ACTIVITIES AND CONDITIONS OF ITS IMPLEMENTATION

The basis for the appraisal of the object of appraisal is the agreement between the appraiser and the customer.

The agreement between the appraiser and the customer may provide for the appraisal to be carried out by this appraiser of a specific appraisal object, a number of appraisal objects, or long-term customer service according to his applications.

In the cases stipulated by the legislation of the Russian Federation, the appraisal of the object of appraisal, including repeated, can be carried out by the appraiser on the basis of the ruling of the court, the arbitration court, the arbitration court, as well as by the decision of the authorized body.

The court, the arbitration court, the arbitration court are independent in choosing an appraiser. The costs associated with the appraisal of the appraised object, as well as the monetary remuneration to the appraiser, are subject to reimbursement (payment) in the manner prescribed by the legislation of the Russian Federation.

The contract between the appraiser and the customer is concluded in writing and does not require notarization.

The contract must contain:

grounds for concluding an agreement;

type of the object of assessment;

type of the determined value (values) of the appraisal object;

monetary remuneration for the assessment of the subject of assessment;

information about the civil liability insurance of the appraiser.

The agreement must include information on whether the appraiser has a license to carry out appraisal activities, indicating the serial number and date of issue of this license, the authority that issued it, as well as the period for which this license was issued.

The contract on the appraisal of both a single object of appraisal and a number of objects of appraisal must contain an exact indication of this object of appraisal (objects of appraisal), as well as its (their) description.

With regard to the appraisal of appraisal objects belonging to the Russian Federation, constituent entities of the Russian Federation or municipalities, the contract is concluded by the appraiser with a person authorized by the owner to conclude a transaction with the appraisal objects, unless otherwise provided by the legislation of the Russian Federation.

The proper execution by the appraiser of his obligations imposed on him by the contract is the timely preparation in writing and transmission to the customer of a report on the appraisal of the appraisal object (hereinafter referred to as the report).

The report must not be ambiguous or misleading. The report must indicate the date of the appraisal of the appraisal object, the valuation standards used, the goals and objectives of the appraisal of the appraisal object, as well as other information that is necessary for a full and unambiguous interpretation of the results of the appraisal of the appraisal object reflected in the report.

If, when assessing the subject of assessment, not the market value is determined, but other types of value, the report must indicate the criteria for establishing the assessment of the subject of assessment and the reasons for deviating from the possibility of determining the market value of the subject of assessment.

The report should indicate:

date of preparation and serial number of the report;

the basis for the appraiser to evaluate the appraisal object;

the legal address of the appraiser and information about the license issued to him to carry out appraisal activities for this type of property;

an accurate description of the appraisal object, and in relation to the appraisal object belonging to a legal entity - the details of the legal entity and the book value of this appraisal object;

valuation standards for determining the appropriate type of value of the appraisal object, justification of their use when evaluating this appraisal object, a list of data used in the appraisal of the appraisal object, indicating the sources of their receipt, as well as the assumptions adopted during the appraisal of the appraised object;

the sequence of determining the value of the object of assessment and its final value, as well as the limitations and limits of application of the result obtained;

the date of determining the value of the subject of assessment;

a list of documents used by the appraiser and establishing the quantitative and qualitative characteristics of the appraisal object.

The report may also contain other information that, in the opinion of the appraiser, is essential for the completeness of the reflection of the method used by him for calculating the cost of a particular object of appraisal.

For the assessment of certain types of objects of assessment, the legislation of the Russian Federation may provide for special forms of reports.

The report is personally signed by the appraiser and certified by his seal.

The total value of the market or other value of the appraised item specified in the report drawn up on the grounds and in the manner provided for by this Federal Law is recognized as reliable and recommended for the purpose of concluding a transaction with the appraisal item, if in the manner prescribed by the legislation of the Russian Federation, or in court the order is not otherwise specified.

In the event of a dispute about the reliability of the value of the market or other value of the object of appraisal established in the report, including in connection with the available other report on the appraisal of the same object, the said dispute is subject to consideration by a court, an arbitration court in accordance with the established jurisdiction, an arbitration court by agreement of the parties to the dispute or contract or in the manner established by the legislation of the Russian Federation governing appraisal activities.

The court, the arbitration court, the arbitration court shall have the right to oblige the parties to conclude a transaction at the price determined during the consideration of the dispute in the court session, only in cases where the transaction is obligatory in accordance with the legislation of the Russian Federation.

The appraiser has the right:

independently apply methods for assessing the subject of assessment in accordance with the assessment standards;

to require the customer, when carrying out a mandatory assessment of the assessment object, to provide access in full to the documentation necessary for the implementation of this assessment;

receive explanations and additional information necessary for the implementation of this assessment;

to request, in writing or orally, from third parties the information necessary for the assessment of the subject of assessment, with the exception of information that is a state or commercial secret; if the refusal to provide the specified information significantly affects the reliability of the appraisal of the appraisal object, the appraiser shall indicate this in the report;

involve, as necessary, on a contractual basis, other appraisers or other specialists to participate in the appraisal of the appraisal object;

refuse to conduct an appraisal of the appraisal object in cases where the customer has violated the terms of the contract, did not provide the necessary information about the appraisal object, or did not provide the working conditions corresponding to the contract.

The appraiser is obliged:

comply with the requirements of this Federal Law, as well as the regulatory legal acts of the Russian Federation and regulatory legal acts of the constituent entities of the Russian Federation adopted on its basis when carrying out valuation activities;

inform the customer about the impossibility of his participation in the assessment of the subject of assessment due to the occurrence of circumstances that prevent an objective assessment of the subject of assessment;

ensure the safety of documents received from the customer and third parties during the assessment of the subject of assessment;

provide the customer with information on the requirements of the legislation of the Russian Federation on valuation activities, on the charter and on the code of ethics of the relevant self-regulatory organization (professional public association of valuers or non-profit organization of valuers), to which the valuer refers in his report;

provide, at the request of the customer, a document on education confirming the acquisition of professional knowledge in the field of appraisal activities;

not to disclose confidential information received from the customer in the course of the appraisal of the appraisal object, with the exception of cases stipulated by the legislation of the Russian Federation;

keep copies of the prepared reports for three years;

in cases stipulated by the legislation of the Russian Federation, provide copies of stored reports or information from them to law enforcement, judicial, other authorized state bodies or local self-government bodies at their legal request.

The appraisal of the appraisal object cannot be carried out by the appraiser if he is the founder, owner, shareholder or official of a legal entity, or a customer or an individual who has a property interest in the appraisal object, or is in close relationship or property with these persons.

Assessment of the subject of assessment is not allowed if:

in relation to the subject of assessment, the appraiser has property or liability rights outside the contract;

an appraiser is a founder, owner, shareholder, creditor, insurer of a legal entity, or a legal entity is a founder, shareholder, creditor, insurer of an appraisal firm.

Interference of the customer or other interested parties in the appraiser's activities is not allowed if this can negatively affect the reliability of the result of the appraisal of the appraisal object, including limiting the range of issues to be clarified or determined when evaluating the appraisal object.

The amount of payment to the appraiser for the appraisal of the appraisal object cannot depend on the total value of the appraisal object.

Insurance of civil liability of appraisers is a condition that ensures the protection of the rights of consumers of appraisers' services, and is carried out in accordance with the legislation of the Russian Federation.

An insured event is the infliction of losses on third parties in connection with the performance by the appraiser of his activities, established by a decision of a court, an arbitration court or an arbitration tribunal that has entered into legal force.

An appraiser is not entitled to engage in appraisal activities without concluding an insurance contract.

The presence of an insurance policy is a prerequisite for concluding an agreement on the appraisal of the object of appraisal.

Civil liability insurance of appraisers can be carried out in the form of concluding an insurance contract for a specific type of appraisal activity (depending on the object of appraisal) or under a specific contract on appraisal of the appraisal object.

Chapter III. REGULATION OF EVALUATION ACTIVITIES

Control over the implementation of valuation activities in the Russian Federation is carried out by the bodies authorized by the Government of the Russian Federation and the constituent entities of the Russian Federation (hereinafter referred to as the authorized bodies), within their competence established in accordance with the legislation of the Russian Federation.

The functions of the authorized bodies are:

control over the implementation of valuation activities;

regulation of valuation activities;

interaction with public authorities on valuation activities and coordination of their activities;

agreeing on draft valuation standards;

coordination of the list of requirements for educational institutions providing professional training for appraisers in accordance with the legislation of the Russian Federation.

Valuation standards mandatory for use by subjects of valuation activities are developed and approved by the Government of the Russian Federation in accordance with

Self-regulatory organizations of appraisers can perform the following functions:

protect the interests of appraisers;

to promote the improvement of the professional training of appraisers; to promote the development of educational programs for professional training of appraisers;

develop your own assessment standards;

develop and maintain their own quality control systems for the implementation of valuation activities.

Licensing of appraisal activities is carried out in accordance with the legislation of the Russian Federation.

The procedure for licensing appraisal activities is approved by the Government of the Russian Federation.

The body issuing a license to carry out appraisal activities monitors compliance with the requirements for the implementation of these activities by appraisers in accordance with this Federal Law and the legislation of the Russian Federation on licensing.

Requirements for licensing of appraisal activities for individuals:

state registration as an individual entrepreneur;

availability of a document on education, confirming the acquisition of professional knowledge in the field of assessment activities in accordance with the educational programs agreed with the authorized body;

Requirements for licensing valuation activities for legal entities:

state registration as a legal entity;

the presence in the staff of a legal entity of at least one employee who has a certificate of education confirming the acquisition of professional knowledge in the field of appraisal activities;

payment of the fee for the issuance of a license to carry out appraisal activities.

The revocation of a license to carry out appraisal activities is carried out on the basis of:

recognition, in accordance with the procedure established by the legislation of the Russian Federation, as invalid the fact of state registration of an individual entrepreneur or legal entity;

declaring an individual entrepreneur or legal entity bankrupt in accordance with the procedure established by the legislation of the Russian Federation;

recognizing, in accordance with the procedure established by the legislation of the Russian Federation, invalid a document of education that is available to an appraiser who is an individual entrepreneur, confirming the acquisition of professional knowledge in the field of appraisal activity; if the appraiser is a legal entity - invalidation of the education document of the employee of this legal entity, provided that he alone has a certificate of education confirming the acquisition of professional knowledge in the field of appraisal activities;

when this appraiser goes beyond the limits of the rights granted to him by the license to carry out appraisal activities;

non-compliance with the requirements established by the legislation of the Russian Federation;

decisions of the court, arbitration court, arbitration court.

A petition to revoke a license to carry out valuation activities may be submitted by an authorized body, self-regulatory organizations, as well as other interested parties.

The list of grounds for revoking a license to carry out appraisal activities specified in this article is exhaustive and cannot be changed otherwise than by introducing amendments and additions to this Federal Law.

The president
Russian Federation
B. YELTSIN

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The note provides a comparative analysis of the articles in the new and old editions, and you can track the changes by paying attention to the text on the right. You can download a full comparative analysis of the changes made at the bottom of the article.

On June 2, 2016, Federal Law 172 came into force, which amended the profile law on appraisal activity No. 135-FZ.

Amendments have been made to many articles, in particular those relating to the activities of self-regulatory organizations, expertise, membership in SROs, and passing the exam for obtaining a qualification certificate.

Information about certification and obtaining a qualification certificate will be the most interesting for you. Appraisers are interested in the procedure and conditions for passing the qualifying exam. Amendments to the law on appraisal activities will come into effect in stages, that is, first one block of amendments, then another, so I recommend that you study this law well in order to be prepared for subsequent changes and not miss anything.

To begin with, we have made amendments to article four 135 of the federal law, which speaks of the subject of appraisal activity: from July 1, 2017, an appraiser can carry out appraisal activities in accordance with the direction that will be indicated in his qualification certificate.

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Changes

Article 4. Subjects of appraisal activity

The subjects of appraisal activity are individuals who are members of one of the self-regulatory organizations of appraisers and who have insured their liability in

in accordance with the requirements of this Federal Law (hereinafter - appraisers).

An appraiser can carry out appraisal activities independently, engaging in private practice, as well as on the basis of an employment contract between an appraiser and a legal entity that meets the conditions established by Article 15.1 of this Federal Law.

Article 4 shall be supplemented with part three as follows:

“An appraiser can carry out appraisal activities in areas specified in the qualification certificate»

(comes into force on 01.07.17) For persons who are members of the SROO on 01.01.17, this part comes into force from 01.04.2018

Article 21 explains in detail what a qualification certificate is and what are the conditions for obtaining it:

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Article 21. Professional training of appraisers

Professional training for appraisers

carried out by public or private educational institutions specially created for this purpose, or on the basis of faculties (departments, departments) of public or private educational institutions that have the right to carry out such training in accordance with the legislation of the Russian Federation

Article 21 shall be stated in the following wording:

Professional training of appraisers is carried out by educational institutions of higher education under master's programs, professional retraining, advanced training "

The difference from the previous edition is that now the professional training of appraisers will be carried out by educational institutions of higher education under the Master's degree programs for professional development of advanced training. This means that the education in the form of a bachelor's degree, which was previously allowed for appraisers, is no longer acceptable from June 2, 2016. Individuals who are completing a 4-year undergraduate appraisal professional education course should take care to improve their qualifications and undergo retraining. This condition is necessary both for passing the qualifying exam and for joining the self-regulatory organization of appraisers.

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Article 21.1. Unified qualification exam

A member of a self-regulatory organization of appraisers can be included in the expert council of a self-regulatory organization of appraisers only if they pass a unified qualification exam in accordance with the requirements for the level of knowledge presented by the federal assessment standard to an expert of a self-regulatory organization of appraisers.

The requirements for the level of knowledge of an expert of a self-regulatory organization of appraisers are established by the federal appraisal standard.

The unified qualification exam is conducted by educational institutions of higher education registered on the territory of the Russian Federation and accredited by the authorized federal body exercising the functions of overseeing the activities of self-regulatory organizations of appraisers.

The list of examination questions for the unified qualification exam, the procedure and conditions for the accreditation of educational institutions of higher education that conduct the unified qualification exam, the procedure for holding and passing the unified qualification exam, including the procedure for filing and considering appeals, are approved by the authorized federal body that performs regulatory functions. legal regulation of appraisal activities.

For taking the unified qualification exam, an applicant may be charged a fee, the amount and procedure for collecting which are established by educational institutions of higher education that conduct the unified qualification exam. The maximum amount of the fee charged to the applicant for taking the unified qualification exam is established by the authorized federal body exercising the functions of normative legal regulation of appraisal activities.

Article 21.1 shall be stated in the following edition:

A qualification exam in the field of appraisal activity (hereinafter referred to as the qualification exam) is conducted by a body authorized by the Government of the Russian Federation (hereinafter referred to as a body authorized to conduct a qualification exam) in order to confirm the level of qualifications. The list of examination questions for the qualification exam is formed by the body authorized to conduct the qualification exam. The procedure for the formation of the list of examination questions, the conduct and delivery of the qualification exam, which provides, inter alia, the procedure for the applicant's participation in the qualification exam, the procedure for determining the results of the qualification exam, the procedure for filing and considering appeals, is approved by the authorized federal body exercising the functions of legal regulation of valuation activities ...

For taking the qualifying exam, an applicant may be charged a fee, the amount and procedure for collecting which are established by the body authorized to conduct the qualifying exam. The maximum amount of the fee charged to the applicant for taking the qualifying exam is established by the authorized federal body that carries out the functions of normative legal regulation of valuation activities. An applicant who has received a higher education and (or) professional retraining in the field of appraisal is admitted to the qualification exam.

The applicant is allowed to re-pass the qualification exam no earlier than after ninety days.

As for the unified qualification examination, the legislator has outlined in general terms how this will be carried out. At the moment, it is safe to divide the order of the exam into two conditional blocks.

First block relates directly to admission to the qualification exam: here the requirements will be in education, which should be higher or professional retraining in the field of assessment activities.

Second block these are the conditions for the issuance of a qualification certificate, here requirements will be imposed on the length of service

It is difficult to imagine how this rule will be implemented in practice for young specialists, because there is no experience of passing exams. The answer to this question will be updated in this article as the relevant information becomes available.

The qualification exam is conducted by a body authorized by the government of the Russian Federation. This body authorized to conduct the exam is entrusted with the functions of developing a list of exam questions, charging fees for passing the exam, the procedure for holding the qualifying exam, the procedure for filing an appeal for the applicant's participation and the procedure for determining the results. Today, this is the Ministry of Economic Development of the Russian Federation, presumably this ministry, and will establish the basic rules by which the exam will be taken, as well as the form of the qualification certificate, the number of these forms, the directions that will be indicated in the qualification certificate.

If the attempt is unsuccessful, the evaluator will be able to retake the exam only after 90 days. You need to take this fact into account, since for members of the SROO who are in the register, the requirement for a qualification certificate comes into effect from April 1, 2018. That is, in the period from July 1, 2017, when the need to pass the exam and have a qualification certificate comes into force, by April 1, 2018 the assessors will have to pass the exam and submit a copy of the qualification certificate to the self-regulatory organization of which they are a member. In the event of an unsuccessful attempt to pass the exam, the evaluators get no more than three attempts, and only if they retake it on the same day.

The legislator prescribed in the new version of the law the refusal to issue a qualification certificate in the event that the education of a person does not meet the necessary conditions, or his length of service does not correspond to the length of service that is presented to him. And this may become clear after the assessor has passed the exam. To exclude such unpleasant consequences, you will need to have experience confirmed by the necessary entries in the work book, which is required by law. Employment contracts, either part-time or at the main place of work, can also be supporting documents. The qualification certificate is issued for a period of 3 years, and after 3 years the evaluator must take the exam again.

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Article 14. Rights of the appraiser

The appraiser has the right:

independently apply methods for assessing the subject of assessment in accordance with the assessment standards;

demand from the customer when conducting

mandatory assessment of the subject of assessment to ensure access in full to the documentation necessary for the implementation of this assessment; receive explanations and additional information necessary for the implementation of this assessment; to request, in writing or orally, from third parties the information necessary for the assessment of the subject of assessment, with the exception of information that is a state or commercial secret; in case the refusal to provide the specified information

significantly affects the reliability of the appraisal of the appraisal object, the appraiser indicates this in the report;

involve, as necessary, on a contractual basis, other appraisers or other specialists to participate in the appraisal of the appraisal object; refuse to assess the subject of assessment in cases where the customer has violated the terms of the contract, did not provide the necessary

information about the object of appraisal or did not provide the working conditions corresponding to the contract; claim reimbursement of expenses related to the appraisal of the appraisal object, and monetary remuneration for the appraisal of the appraisal object as determined by the court, arbitration court or arbitration tribunal.

Article 14 shall be supplemented with the following paragraph:

"Voluntarily suspend the right to carry out appraisal activities on a personal application sent to the self-regulatory organization of appraisers, in the manner established by the internal documents of the self-regulatory organization of appraisers"

Article 14, which speaks about the rights of an appraiser, includes the right of an appraiser to voluntarily suspend their appraisal activities. Based on the meaning of the law, the suspension of the right to carry out valuation activities is not equal to the suspension of the membership rights of a self-regulatory organization, with all the ensuing consequences. That is, the appraisers continue to remain in the register, the contribution to the compensation fund remains for them, simply due to some life circumstances, they may temporarily not carry out appraisal activities, which they declare to their SROO. But at the same time, they continue to pay membership fees, since they do not cease to be members of a self-regulatory organization of appraisers, and bear all the duties and rights that members of a self-regulatory organization have.

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Article 24. Requirements for membership in a self-regulatory organization of appraisers

2. Mandatory conditions for membership in a self-regulatory organization of appraisers

are:

in article 24:

a) part two shall be supplemented with the following paragraph: “availability of a qualification certificate”;

9. The membership of the appraiser in the self-regulatory organization of appraisers is terminated

collegial governing body

self-regulatory organization of appraisers based on:

appraiser's statements of withdrawal from the members of the self-regulatory organization of appraisers;

approval by the collegial governing body of the self-regulatory organization of appraisers of the decision to exclude a person from the members of the self-regulatory organization of appraisers.

b) in the first paragraph of part nine, the word "appraiser" shall be deleted

c) supplement with new parts ten and eleven as follows:

“Membership of a person in a self-regulatory organization of appraisers cannot be terminated before the end of the audit in case of receipt of a complaint against the said self-regulatory organization, if in relation to a member of the self-regulatory organization

the organization of appraisers is inspected or is considering a case on the application of a disciplinary measure, and in case of violations - until the end of the consideration by the disciplinary committee of the case on the violation and the application of disciplinary action.

A record of termination of membership in a self-regulatory organization of appraisers is entered into the register of members of a self-regulatory organization of appraisers also in case of admission to a self-regulatory

organization of information evaluators,

confirming the death of a member

self-regulatory organization of appraisers ";

Pay attention to Article 24, a new provision has been introduced here that if an appraiser wants to voluntarily terminate his membership in a self-regulatory organization of appraisers, by writing a statement about this, then he can terminate this membership. If he does not have a complaint that was received against him before he wrote an application, there is no disciplinary procedure against him and if he has no arrears in paying membership fees to the self-regulatory organization. And if earlier this was the practice that many self-regulatory organizations used when prescribing the conditions for suspension of membership in their regulations, now it is legally enshrined and has a binding norm.

A clarifying amendment has been made to Article 15.1 - legal entities that carry out appraisal activities are now called appraisal companies.

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Changes

Article 15. Rights and obligations of the customer

grades - previously absent

to add article 15 2 as follows:

When carrying out the assessment, the customer of the assessment has the right to:

to demand and receive from the appraisal company, appraiser, substantiation of conclusions based on the appraisal results;

receive from the appraisal company,

appraiser appraisal report within the period established by the contract for the appraisal;

exercise other rights arising from the contract for the assessment.

When conducting an assessment, the customer of the assessment is obliged to:

assist the appraisal company,

to the appraiser in the timely and complete conduct of the appraisal, create appropriate conditions for this, provide the necessary information and documentation, give at the verbal or written request of the appraisal company, appraiser

comprehensive explanations and

verbal and written confirmation, as well as request the information necessary for the assessment from third parties;

do not take any action aimed at concealing

(restriction of access) information and documentation requested by the appraisal company, appraiser. Availability in

requested by the appraisal company,

an appraiser to conduct an appraisal

information and documentation of information containing commercial secrets cannot be grounds for refusing to provide them;

timely pay for the services of the appraisal company, appraiser in accordance with the contract for the appraisal, including if the results of the appraisal do not agree with the position of the appraiser;

comply with the requirements of this

Federal law, federal

valuation standards and other obligations arising from the contract for the assessment

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Article 16.2. Expert of the self-regulatory organization of appraisers

An expert of a self-regulatory organization of appraisers - a member of the expert council of a self-regulatory organization of appraisers is a member of a self-regulatory organization of appraisers who has passed a unified qualification exam and was elected to the expert council of a self-regulatory organization of appraisers by a general meeting of members of a self-regulatory organization of appraisers.

in Article 16.2 the words “member

self-regulatory organization of appraisers who passed the unified qualification exam and was elected "shall be replaced by the words" the person who passed the qualifying examination in the field of appraisal and elected "

The federal law on appraisal activity was adopted by the state to regulate and control the legal relations of the parties during the appraisal of subjects or objects. In addition, the law regulates the processes and activities carried out during the assessment.

General Provisions

The Law on Appraisal and Appraisal Activity was adopted by the State Duma on July 16, 1998, and approved by the Federation Council on July 17, 1998. It was last updated on July 29, 2017. The appraisal law consists of 4 chapters and 26 articles. This law controls and regulates the legal relationship between the parties to the transaction in the appraisal of objects, and also regulates the appraisal of objects belonging to individuals and legal entities, the state and subjects of Russia, municipal and state institutions, formations and bodies.

Summary of the Federal Law:

This described area is regulated not only by Federal Law 135, but also by other Federal laws and international treaties of the Russian Federation.

For the latest changes in the Federal Law on the Bar in the new edition, see

Latest amendments to the law

The latest amendments to the law of the Russian Federation on appraisal activities were made on July 29, 2017, with the adoption of Federal Law No. 274. Changes have been made to Art. 24.18 the law on appraisal activities. This article describes the methods and processes for resolving disputes about appraisal activities on the cadastral value of an object or entity.

Also read the latest amendments to FZ 220

According to the latest amendment, changes have occurred in first part 24.18 of article ... This part describes that persons can challenge the results of the property appraisal in cases where the rights and interests of these persons were affected, and public authorities can challenge the appraisal of real estate owned by the state. According to the changes, the words were added that the exceptions are the cases described in this Federal Law.

According to the last amendment, there was added 28 part 24.18 to article ... In this part, it is written that federal government bodies or local self-government bodies can, through the court, challenge the decision of the evaluation commission in relation to the land plot. In cases where a land plot is located on the territory of Moscow, Sevastopol or St. Petersburg and the person who owns the plot reports that the market value determined by the appraisal commission has been reduced, the authorities of the listed cities may file a lawsuit against the commission.

According to the fact that a new part 28 appeared in article 24.18, the numbering has shifted and the 28th part is now considered the 29th, 29th is considered the 30th, and from the 30th to 32th part, respectively, shifted by 31 - 33. And in the 29th part after the words “In court” the phrase “on the grounds for their revision provided for in part eleven of this article” was added.

In Art. 24 of the Law on Appraisal Activity lists certain requirements for obtaining membership in a self-regulatory organization:

The person must have higher education or professional training in the described field of activity;
The person must have a certificate with information about the acquired qualifications;
A person should not have an outstanding criminal record, especially in the field of economics. There should also be no crimes of average gravity, grave or especially grave crimes.

In order to join and be a member of a self-regulatory organization, a person is required to provide documents on obtaining secondary and higher education, on completed vocational training courses and other documents on obtaining knowledge in the field of valuation. A certificate is also provided with information about the absence or presence of a criminal record. In a self-regulatory organization, documents are submitted to a collegial body, which determines whether a person has the right to become a member of the company.

Reasons for refusing a person to join the organization:

The citizen does not meet the requirements and conditions described above;
A person cannot be admitted to any organization due to violations committed under this Federal Law, other Federal Laws or under international treaties;
The person does not match the requirements and conditions drawn up independently by a body in a self-regulatory organization.

In the event that an appraiser has been accepted by a self-regulatory organization and is recognized as a member, he can no longer join other such organizations. To join another institution, he needs to leave the one in which he is a member.

Download the new edition of the law on appraisal activities

Federal Law No. 135 was adopted by the State Duma to regulate legal relations between appraisers of objects and subjects and the owners of these objects and subjects. If a citizen believes that his rights were violated during the assessment or after receiving the report, then the person can apply either directly to the judicial authorities or to local authorities (only in cases of land assessment). With the help of the described law, it is possible to achieve an increase in the assessment of the market value of the object. It is recommended that you study this law for a better outcome.

Legislative base of the Russian Federation. Federal law on appraisal activities as amended Law on appraisal 135

Mandatory qualifying exam. For all

Cancellation of mandatory examination by SROs of appraisal reports

Responsibility of the customer for providing data on the subject of assessment

Powers of the Council for Appraisal Activities under the Ministry of Economic Development of Russia

SROO membership instead of a license

Real estate cadastral valuation

RUSSIAN FEDERATION

THE FEDERAL LAW

ON EVALUATION ACTIVITIES IN THE RUSSIAN FEDERATION

Chapter I. General Provisions

Chapter II. Grounds for the implementation of valuation activities and conditions for its implementation

Chapter III. Regulation of appraisal activities

Chapter IV. Final provisions

General Provisions

Latest amendments to the law

Download the new edition of the law on appraisal activities

Chapter II. Grounds for the implementation of valuation activities
and conditions for its implementation