FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 29, 1998 No. 135-FZ

About estimative activities in the Russian Federation

Accepted by the State Duma of the Russian Federation on July 16, 1998

Approved by Council of the Russian Federation on July 17, 1998

Chapter I. General provisions

Article 1. The legislation regulating estimative activities in the Russian Federation

Estimative activities are performed according to international treaties of the Russian Federation, this Federal Law, and also other Federal Laws and other regulatory legal acts of the Russian Federation governing the relations arising when implementing estimative activities.

Article 2. The relations regulated by this Federal Law

This Federal Law determines the legal basis of regulation of estimative activities concerning the objects of assessment belonging to the Russian Federation, subjects of the Russian Federation or municipalities, physical persons and legal entities for the purposes of transactions with assessment objects, and also for other purposes.

Article 3. Concept of estimative activities

For the purposes of this Federal Law estimative activities are understood as the professional activity of subjects of estimative activities directed to establishment concerning objects of assessment market, cadastral, liquidating, investment or provided by federal standards of other value assessment.

For the purposes of this Federal Law market value of object of assessment is understood as the most probable price at which this object of assessment can be aloof in the public market in the conditions of the competition when the parties of the transaction are effective reasonably, having all necessary information, and any force majeure that is when do not affect the size of transaction price:

one of the parties of the transaction shall not alienate assessment object, and other party shall not accept execution;

the parties of the transaction are knowledgeable about subject of the transaction and are effective in the interests;

object of assessment is presented at the public market by means of the public offer typical for similar objects of assessment;

transaction price represents reasonable remuneration for object of assessment and coercion to transaction concerning the parties of the transaction from someone's party was not;

the payment for object of assessment is expressed in cash.

Cadastral cost is understood as the cost established as a result of carrying out the state cadastral assessment or as a result of consideration of disputes on results of determination of cadastral cost or determined in cases, the stipulated in Article 24.19 these Federal Laws.

For the purposes of this Federal Law salvage value is understood as the settlement size reflecting the most probable price at which this object of assessment can be aloof for the term of exposure of object of assessment, smaller the typical term of exposure of object of assessment for market conditions, in conditions when the seller is forced to make the transaction on property acquisition.

For the purposes of this Federal Law investment cost is understood as assessment project cost for the particular person or group of persons in case of the investment purposes of use of object of assessment established by this person (persons).

Article 4. Subjects of estimative activities

Subjects of estimative activities the physical persons which are members of one of self-regulatory organizations of appraisers and insured the responsibility according to requirements of this Federal Law are recognized (further - appraisers).

The appraiser can perform estimative activities independently, being engaged in private practice, and also based on the employment contract between the appraiser and the legal entity who corresponds to conditions, the stipulated in Clause 15.1 presents of the Federal Law.

The appraiser can perform estimative activities for the directions specified in the competence certificate.

Article 5. Assessment objects

Treat objects of assessment:

separate material objects (things);

set of the things constituting property of person, including property of certain type (movable or immovable, including the companies);

the property right and other corporeal rights to property or separate things from structure of property;

rights to claim, obligations (are long);

works, services, information;

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

Article 6. The right of the Russian Federation, subjects of the Russian Federation or municipalities, physical persons and legal entities on evaluating assessment objects belonging to them

The Russian Federation, subjects of the Russian Federation or municipalities, physical persons and legal entities have the right to carrying out assessment by the appraiser of any assessment objects belonging to them on the bases and conditions provided by this Federal Law.

The right to evaluating object of assessment is unconditional and does not depend on the procedure of the state statistical recording and financial accounting and the reporting established by the legislation of the Russian Federation. This right extends also to carrying out repeated assessment of object of assessment. Results of evaluating object of assessment can be used for adjustment of accounting data and the reporting.

Results of evaluating object of assessment can be appealed by interested persons according to the procedure, established by the legislation of the Russian Federation.

Article 7. Assumption of establishment of market value of object of assessment

If in the regulatory legal act containing the requirement of obligatory evaluating any object of assessment or in the agreement on assessment object assessment (further - the agreement) the specific cost type of object of assessment is not determined, market value of this object is subject to establishment.

The specified rule is subject to application and in case of use in regulatory legal act not provided by this Federal Law or standards of assessment of the terms determining assessment object cost type including the terms "actual value", "reasonable cost", "equivalent cost", "actual cost" and others.

Article 8. Obligation of evaluating objects of assessment

Evaluating objects of assessment is obligatory in case of involvement in the transaction of the objects of assessment belonging fully or partially to the Russian Federation, subjects of the Russian Federation or municipalities including:

in case of cost determination of the objects of assessment belonging to the Russian Federation, subjects of the Russian Federation or municipalities for the purpose of their privatization, transfer to trust management or transfers to lease;

when using the objects of assessment belonging to the Russian Federation, subjects of the Russian Federation or municipalities as pledge subject;

in case of sale or other alienation of the objects of assessment belonging to the Russian Federation, subjects of the Russian Federation or municipalities;

in case of assignment of the debt obligations connected with assessment objects belonging to the Russian Federation, subjects of the Russian Federation or municipalities;

by transfer of the objects of assessment belonging to the Russian Federation, subjects of the Russian Federation or municipalities as contribution to the authorized capital, funds of legal entities,

and also in case of dispute on assessment project cost, including:

in case of nationalization of property;

in case of mortgage lending of physical persons and legal entities in cases of emergence of disputes on mortgage subject cost size;

in case of creation of marriage contracts and the Section of property of the getting divorced spouses upon the demand of one of the parties or both parties in case of dispute on the cost of this property;

in case of withdrawal of property for the state or municipal needs;

when evaluating objects of assessment for the purpose of control of correctness of tax payment in case of dispute on calculation of taxable basis.

Operation of this article does not extend to the relations arising:

in case of the order state and municipal unitary enterprises, the public and local government offices the property assigned to them in economic maintaining or operational management, except as specified, if the order is in accordance with the legislation of the Russian Federation allowed by property with the consent of the owner of this property;

in case of the order the state-owned or municipal property by reorganization state and municipal unitary enterprises, the public and local government offices;

in the cases established by the Federal Law of February 27, 2003 No. 29-FZ "About features of management and the order of property of rail transport", the Federal Law of February 5, 2007 No. 13-FZ "About features of management and the order of property and shares of the organizations performing activities in the field of use of atomic energy and about modification of separate legal acts of the Russian Federation" and the Federal Law "About the State corporation on space activities Roskosmos;

in connection with transfer of the parcels of land which are in federal property, including with the real estate units located on them and being in federal property, and other property which is in federal property, for and concerning which single institute of development in the housing sphere according to the Federal Law of July 24, 2008 No. 161-FZ "About assistance to development of housing construction, to creation of objects of tourist infrastructure and other development of the territories" performs functions of the agent of the Russian Federation;

in connection with transfer of the highways public of federal importance and the parcels of land of Russian Highways State-owned company which are in federal property according to the Federal Law "About Russian Highways State-owned Company and about Modification of Separate Legal Acts of the Russian Federation";

in case of transfer to lease of the airfield which is in federal property;

concerning the real estate of the airports of the Moscow aviation node which is in federal property in case of implementation of concessionary agreements which subjects are objects of production and engineering infrastructures of the airports, airfields or buildings and (or) constructions intended for take-off, landing, taxing and the parking of aircrafts, and also created and infrastructure of air transport and means of servicing of air traffic, navigation, landing and communication intended for the organization of flights of civil aircrafts;

in case of cession of property, belonging to the Russian Federation, subjects of the Russian Federation or municipalities, in free use to authorities of the Russian Federation, subjects of the Russian Federation or municipalities, state, to municipal unitary enterprises or the public, local government offices;

in case of cession of property to bodies of the public power of the federal territory Sirius according to provisions of the Federal Law "About the federal territory Sirius.

Concerning the state-owned or municipal property given according to the concessionary agreement by the concedent to the concessionary or under the agreement on public-private partnership, the agreement on municipal and private partnership the public partner to the private partner, establishment of market value of such property is not obligatory if other is not established by the Federal Law.

If the price of the state-owned or municipal property or the amount of the rent for it are established according to other Federal Laws in connection with sale, transfer to lease or encumbrance by the servitude, market value of this property according to this Federal law is not established.

The part five voided according to the Federal Law of the Russian Federation of 29.12.2015 No. 391-FZ

Article 8.1. Information openness of assessment procedure

For the purpose of ensuring information openness of assessment procedure of objects of assessment in the cases of evaluating provided by the Federal Law of December 26, 1995 No. 208-FZ "About joint-stock companies", the Federal Law of December 30, 1995 No. 225-FZ "About production sharing agreements", the Federal Law of May 8, 1996 No. 41-FZ "About production cooperatives", the Federal Law of February 8, 1998 No. 14-FZ "About limited liability companies", the Federal Law of May 7, 1998 No. 75-FZ "About non-state pension funds", the Federal Law of July 9, 1999 No. 160-FZ "About foreign investments in the Russian Federation", the Federal Law of November 29, 2001 No. 156-FZ "About investment funds" the customer shall include information on the valuation report of object of assessment in the Unified federal register of data on the facts of activities of legal entities according to the procedure, established by the authorized federal body performing functions on normative legal regulation of estimative activities within ten working days from acceptance date of the valuation report of object of assessment. In the Unified federal register of data on the facts of activities of legal entities date of creation and sequence number of the valuation report of object of assessment, the basis for carrying out by the appraiser of assessment of object of assessment, the information about the appraiser (surname, name and (in the presence) middle name) identifying the appraiser data (the insurance number of the individual ledger account of the appraiser in system of mandatory pension insurance, identification taxpayer number (in the presence of such number), data on membership of the appraiser in self-regulatory organization of appraisers, the exact description of object of assessment according to the valuation report of object of assessment, the date of cost determination of object of assessment determined by the appraiser market value of object of assessment, information on the expert opinion on the valuation report of object of assessment are subject to inclusion (date of creation, sequence number, the information about the expert or experts (surname, name and (in the presence) middle name), the data identifying the expert (the insurance number of the individual ledger account of the appraiser in system of mandatory pension insurance, identification taxpayer number (in the presence of such number), data on membership of the expert or experts in self-regulatory organization of appraisers, results of examination, and concerning the object of assessment belonging to the legal entity, the details of the legal entity and book value of this object of assessment, other data provided by the Federal Law or federal standards of assessment.

The customer along with information provided by this Article shall include the valuation report of object of assessment in the Unified federal register of data on the facts of activities of legal entities within ten working days from the date of its acceptance when evaluating objects of assessment in the following cases:

cost determination of the objects of assessment belonging to the Russian Federation, subjects of the Russian Federation or municipalities, their sale, privatization, transfer as contribution to the authorized capital, funds of legal entities or other alienation, and also transfer of the specified objects to trust management or to lease;

use of the objects of assessment belonging to the Russian Federation, subjects of the Russian Federation or municipalities as pledge subject;

assignment of the debt obligations connected with assessment objects belonging to the Russian Federation, subjects of the Russian Federation or municipalities;

withdrawal of property for the state or municipal needs (except as specified if customer is the physical person).

If customer is the federal executive body, public authority of the subject of the Russian Federation, body of the public power of the federal territory or local government body, inclusion of information on the valuation report of object of assessment and valuation reports of objects of assessment in the Unified federal register of data on the facts of activities of legal entities is performed without collection of payment.

Information on the report of object of assessment and the specified report, the containing data being the state secret are published in the part which is not containing the data which are the state secret.

Chapter II. Bases for implementation of estimative activities and condition of its implementation

Article 9. Bases for evaluating object of assessment

The basis for evaluating is the agreement on evaluating the objects specified in article 5 of this Federal Law, the appraiser imprisoned by the customer with the appraiser or with the legal entity, with which signed the employment contract.

In cases, stipulated by the legislation the Russian Federation, assessment object assessment, including repeated, can be carried out by the appraiser based on determination of court, Arbitration Court, reference tribunal, and also according to the decision of authorized body.

The court, Arbitration Court, reference tribunal are independent in the choice of the appraiser. The expenses connected with evaluating object of assessment and also the monetary reward to the appraiser are subject to compensation (payment) according to the procedure, established by the legislation of the Russian Federation.

Article 10. Mandatory requirements to the agreement on evaluating

The agreement on evaluating is signed in simple written form.

The agreement on evaluating shall contain:

assessment purpose;

the description of object or objects of assessment allowing to perform their identification;

type of the determined assessment project cost;

the monetary reward size for evaluating;

date of cost determination of object of assessment;

data on obligatory civil liability insurance of the appraiser according to this Federal Law;

the name of self-regulatory organization of appraisers which member is the appraiser, and the location of this organization;

specifying on standards of estimative activities which will be applied when evaluating;

specifying on the size, procedure and the bases of approach of the accessorial liability in relation to the responsibility established by the civil legislation and article 24.6 of this Federal Law, the appraiser or legal entity with which the appraiser signed the employment contract;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info