Lawyer Daria Tretyakova spoke at the international conference of experts and appraisers

On June 21 and 22, Barnaul hosted the International Conference of Experts and Appraisers "Investment Climate of the Regions". The organizers and partners of the event were the Ministry of Economic Development of the Altai Territory, the Russian Society of Appraisers, the Russian Union of Industrialists and Entrepreneurs and the leading Altai universities - Altai State Technical University and ASU.

On the first day of the conference, issues directly related to the conduct and contestation of the cadastral valuation were discussed.

Sapozhnikov P.M. (ROO) spoke about the cadastral valuation according to the new rules, including the establishment of budgetary institutions in the constituent entities of the Russian Federation authorized to conduct cadastral valuations. According to the latest data, these have already been created in 40 subjects of the Russian Federation, often on the basis of the BTI. He also gave his assessment of the methodological recommendations prepared by the Ministry of Economic Development of the Russian Federation on the cadastral valuation of real estate objects and pointed out the existing weaknesses.

Savitsky A.A. (Ph.D., Vice-President of the NP "Financial and Economic Forensic Experts") distinguished between the work of an appraiser and a forensic expert. He warned valuation specialists against a number of procedural errors that could make even a qualitatively and essentially correctly conducted forensic examination (in particular, independent collection of evidence by an expert) inadmissible evidence.

Kraynyuchenko V.G. (ROO) made a report on the consideration of complaints against appraisers by the disciplinary committee of the ROO. He highlighted the procedure for considering complaints and bringing appraisers to disciplinary responsibility and recommended appraisers to more actively defend their position during disciplinary proceedings.

Tretyakova D.V. (KA "Yurproekt") spoke about the practice of challenging the positive decisions of the Commission at Rosreestr by local governments. In particular, she highlighted the problem of inconsistency between the requirements of the Federal Law “On Appraisal Activities” and the Procedure for the Creation and Operation of Commissions under the Rosreestr regarding the provision of expertise to SROs: the law does not require expertise, but the Procedure requires it when the cadastral value is reduced by more than 30%. As a result, the Kemerovo Regional Court invalidates the decisions of the Commission under Rosreestr on a formal basis - failure to provide an expert opinion to the Commission.

Bastrykin V.V. (LLC "Kolor") shared his experience in assessing land for the purpose of contesting the cadastral value. He noted the most problematic issues related to the market analysis, the selection of analogue objects and the application of a number of adjustments.

The second day of the conference was devoted to improving the investment climate in the regions and the role of appraisers in this process. The discussion was moderated by Vitaly Bukatin, General Director of Expert Siberia magazine. The Minister of Economic Development of the Altai Territory, N.N. Chinyakov, who participated in the discussion, spoke about the colossal successes of the region in improving the investment climate: in 2017, the Altai Territory rose in the National rating of the state of the investment climate by 20 (!) points at once.

The leitmotif in the discussion was the following idea: appraisers no longer oppose the authorities as persons contributing to the reduction of the cadastral value and, as a result, budget revenues. Competent management of land resources, including, among other things, the involvement of appraisers at the stage of making urban planning decisions, will lead to an increase in the cost of land resources and revenues to the budget. At the same time, this growth will not be “paper”, but actual. As a result, the owners of land and capital construction projects will not only not be indignant at such growth, but, on the contrary, will be grateful for a real increase in the value of their assets (due to the appearance of landscaping facilities, improved transport situation, etc.). Khloptsov D.M. shared an amazing example of such a win-win strategy of interaction between municipal authorities, appraisers and local residents. (ROO).

At the same time, the authorities themselves should understand the need for long-term planning and not consider that land policy is a way to quickly “patch a hole in the budget”. In this regard, the lawyer of KA "Yurproekt" Daria Tretyakova spoke about the negative practice in Kuzbass, when, by changing the regulations, the regional authorities prevent the establishment of a fair amount of rent for land users (more about the changes in & nbsp;Resolution No. 62 and Resolution No. 47 we wrote earlier).

Persons

Daria Vladimirovna Tretyakova