of July 21, 2014 No. 225-FZ
About introduction of amendments to the Federal law "About Estimative Activities in the Russian Federation"
Accepted by the State Duma of the Russian Federation on July 2, 2014
Approved by Council of the Russian Federation on July 9, 2014
Bring in the Federal Law of July 29, 1998 No. 135-FZ "About estimative activities in the Russian Federation" (The Russian Federation Code, 1998, No. 31, Art. 3813; 2002, No. 4, Art. 251; No. 12, Art. 1093; No. 46, Art. 4537; 2003, No. 2, Art. 167; No. 9, Art. 805; 2004, No. 35, Art. 3607; 2006, No. 2, Art. 172; No. 31, Art. 3456; 2007, No. 7, Art. 834; No. 29, Art. 3482; No. 31, Art. 4016; 2008, No. 27, Art. 3126; 2009, No. 19, Art. 2281; No. 29, Art. 3582; No. 52, Art. 6419, 6450; 2010, No. 30, Art. 3998; 2011, No. 1, Art. 43; No. 27, Art. 3880; No. 29, Art. 4291; No. 48, Art. 6728; No. 49, Art. 7024, 7061; 2013, No. 23, Art. 2871; No. 27, Art. 3477; No. 30, Art. 4082; 2014, No. 11, Art. 1098; No. 23, Art. 2928; Russian newspaper, 2014, on June 27 2014) following changes:
Part third of Article 3 to state 1) in the following edition:
"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.";
2) ceased to be valid according to the Federal Law of the Russian Federation of 29.12.2015 No. 391-FZ
3) in Article 10:
a) the second to state part in the following edition:
"The contract for 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;
data on the insurance contract of responsibility of the legal entity with which the appraiser signed the employment contract, for violation of requirements of the contract for evaluating and the insurance contract of responsibility for property tort of the third parties as a result of violation of requirements of this Federal Law, federal standards of assessment, other regulatory legal acts of the Russian Federation in the field of estimative activities, standards and rules of estimative activities;
the paragraph the thirteenth ceased to be valid according to the Federal Law of the Russian Federation of 03.07.2016 No. 360-FZ
data on independence of the legal entity with whom the appraiser signed the employment contract, and the appraiser according to requirements of article 16 of this Federal Law.";
b) add with part six of the following content:
"Date of cost determination of object of assessment (date of assessment, date of assessment) is date as of which assessment project cost is determined.";
Article 11 to state 4) in the following edition:
"Article 11. General requirements to contents of the valuation report of object of assessment
The resulting document constituted by results of cost determination of object of assessment irrespective of type of the determined cost is the valuation report of object of assessment (further - the report).
The report is constituted on paper and (or) in electronic form according to requirements of federal standards of assessment, regulatory legal acts of the authorized federal body performing functions on normative legal regulation of estimative activities.
The report shall not allow ambiguous interpretation or mislead. In the report date of assessment of object of assessment, the used standards of assessment, purpose and task of evaluating object of assessment, and also other data necessary for complete and unambiguous interpretation of the results of evaluating object of assessment reflected in the report are without fail specified.
In the report shall be specified:
date of creation and sequence number of the report;
basis for carrying out assessment object by the appraiser of assessment;
information about the appraiser or the appraisers who were carrying out assessment including surname, name and (in the presence) middle name, the location of the appraiser and data on membership of the appraiser in self-regulatory organization of appraisers;
assessment purpose;
the exact description of object of assessment, and concerning the object of assessment belonging to the legal entity - details of the legal entity and book value of this object of assessment;
standards of assessment for cost determination of object of assessment, reasons for their use when evaluating this object of assessment, the list of the data used when evaluating object of assessment with indication of sources of their obtaining, the assumption estimates accepted when evaluating object;
the sequence of cost determination of object of assessment and its final size, restrictions and limits of use of the received result;
date of cost determination of object of assessment;
the list of the documents used by the appraiser and establishing quantity and quality characteristics of object of assessment.
The report also may contain other data which are according to the appraiser, essential important for completeness of reflection of the method of calculation of cost of specific object of assessment applied by it.
For evaluating separate types of objects of assessment special report forms can be provided by the legislation of the Russian Federation.
The report shall be numbered page by page, stitched (except as specified creation of the report in electronic form), is signed by the appraiser or appraisers who carried out assessment, and also sealed personal the appraiser or appraisers or seal of the legal entity with whom the appraiser or appraisers signed the employment contract.
The report constituted in electronic form shall be signed by the strengthened qualified digital signature in accordance with the legislation of the Russian Federation.
In the cases provided by this Federal Law, regulatory legal acts of the authorized federal body performing functions on normative legal regulation of estimative activities, the report is subject to publication according to the procedure, established by the authorized federal body performing functions on normative legal regulation of estimative activities.";
Article 12 to add 5) with part two of the following content:
"The market value determined in the report is recommended for the purposes of transaction within six months from the date of creation of the report, except as specified, stipulated by the legislation the Russian Federation.";
Article 15 to state 6) in the following edition:
"Article 15. Appraiser's obligations
The appraiser shall:
be member of one of self-regulatory organizations of appraisers;
observe requirements of this Federal Law, federal standards of assessment, other regulatory legal acts of the Russian Federation in the field of estimative activities, and also the requirement of the standards and rules of estimative activities approved by self-regulatory organization of appraisers which member he is;
follow the rules of business and professional ethics established by self-regulatory organization of appraisers (further - rules of business and professional ethics) which member he is, and also to pay the fees established by such self-regulatory organization of appraisers;
report the customer or the legal entity with whom it signed the employment contract, about impossibility of the participation in evaluating owing to emergence of the circumstances interfering carrying out objective assessment;
ensure safety of the documents received from the customer and the third parties during evaluating;
provide to the customer information on membership in self-regulatory organization of appraisers;
provide to self-regulatory organization of appraisers information on the legal entity with whom it signed the employment contract, including information on compliance of such legal entity to conditions, the stipulated in Clause 15.1 presents of the Federal Law, and also data on any changes of this information within ten days from the date of execution of an employment agreement and (or) emergence of changes;
represent quarterly according to the procedure, established by internal documents of self-regulatory organization of appraisers, information on the reports signed by it during the specified period with indication of date of creation of the report and its sequence number, object of assessment, type of the determined cost;
represent the insurance policy and the education document confirming receipt of professional knowledge in the field of estimative activities upon the demand of the customer;
not disclose information concerning which the requirement about ensuring its confidentiality is established and which is received from the customer during evaluating, except as specified, stipulated by the legislation the Russian Federation;
store copies of the reports signed by it, and also copies of documents and materials based on which assessment, on paper or electronic media or in the form of electronic documents within three years from the date of creation of the report was carried out;
in cases, stipulated by the legislation the Russian Federation to provide copies of the stored reports or information containing in them to law enforcement, judicial, other authorized state bodies according to their requirement;
upon the demand of the customer to provide the statement certified by self-regulatory organization of appraisers from the register of members of self-regulatory organization of appraisers which member he is.";
Article 15.1 to state 7) in the following edition:
"Article 15.1. Obligations of the legal entity with whom the appraiser signed the employment contract
The legal entity who intends to sign the contract for evaluating with the customer shall:
have at least two appraisers whose right of implementation of estimative activities is not suspended in the state;
observe requirements of this Federal Law, federal standards of assessment, other regulatory legal acts of the Russian Federation in the field of estimative activities, standards and rules of estimative activities and to provide observance of the specified requirements by the workers;
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