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RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of June 30, 2015 No. 28

About some questions arising by consideration by courts of cases on contest of results of determination of cadastral cost of real estate objects

Due to the questions arising at courts by hearing of cases about contest of results of determination of cadastral cost, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law "About the Supreme Court of the Russian Federation", decides to make the following explanations:

1. The cadastral cost of the parcels of land and certain real estate units is established for the purposes of the taxation and in others, the cases provided by the Federal Laws (Item 5 of Article 65 of the Land code of the Russian Federation (further - ZK Russian Federation), Articles 375, of 390, 402 Tax Code of the Russian Federation (further - the Tax Code of the Russian Federation), Chapter III.1 of the Federal Law of July 29, 1998 No. 135-FZ "About estimative activities in the Russian Federation" (further - the Law on estimative activities).

For determination of cadastral cost of the parcels of land and separate real estate objects (further - real estate objects) based on the decision of executive body of the government of the subject of the Russian Federation or in the cases established by the legislation of the subject of the Russian Federation according to the decision of local government body (further also - the customer of works) the state cadastral assessment which results are brought in the State Immovable Property Cadastre (article 24.12 of the Law on estimative activities) is carried out.

The cadastral cost can be also determined in the cases established in article 24.19 of the Law on estimative activities or is established by contest of the results of determination of cadastral cost containing in the State Immovable Property Cadastre (article 3 of the Law on estimative activities).

At the same time contest of results of determination of cadastral cost is understood as presentation of any requirement which possible result of satisfaction is change of cadastral cost of real estate objects, including contest of decisions and actions (failure to act) of the commission on consideration of disputes on results of determination of cadastral cost (further - the Commission).

Taking into account that data on the cadastral cost of real estate objects are data of federal state information resource (State Immovable Property Cadastre), have public character and are used for determination of tax and other payments, affirm the decision of executive body of the government of the subject of the Russian Federation or the decision of local government body, contest of data on results of determination of cadastral cost is performed by rules of production on the cases arising from public legal relationship; since September 15, 2015 by rules of the Code of administrative legal proceedings of the Russian Federation (Item 11 of part 2 of article 7 of the Federal Law of July 24, 2007 No. 221-FZ "About the State Immovable Property Cadastre" (further - the Law on the inventory), article 24.12 of the Law on estimative activities, Chapter 25 of the Code of administrative legal proceedings of the Russian Federation (further - KAS Russian Federation), article 1 of the Federal Law of March 8, 2015 No. 22-FZ "About enforcement of the Code of administrative legal proceedings of the Russian Federation").

2. Results of determination of cadastral project cost of the real estate can be disputed by the applicant, and after September 15, 2015 - the administrative claimant judicially by means of presentation of the following requirements:

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