Evaluation Of The Debtor’s Property

Ethyl alcohol from food raw materials produced in the territory of the Russian Federation;

Solid fuel, domestic stove fuel and kerosene sold to citizens, managing organizations, homeowner associations, housing, housing and construction or other specialized consumer cooperatives created to meet the housing needs of citizens.

The subject of evaluation of the debtor’s property:

In accordance with Part 1 of Art. 85 of the Law on Enforcement Proceedings, the assessment of the property of the debtor, which is levied, is made by the bailiff at market prices, unless otherwise provided by the legislation of the Russian Federation.

However, the law contains a rather large list of exceptions, in the presence of which the bailiff must, within one month from the date of discovery of the property of the debtor, involve an appraiser for evaluation. So, according to Part 2 of Art. 85 of the Law on Enforcement Procedure a bailiff is obliged to involve an appraiser to evaluate:

1) Real estate;

2) Securities that are not traded on an organized securities market (with the exception of open-end and interval investment units of mutual funds);

3) Property rights (with the exception of receivables not sold at auction);

4) Precious metals and precious stones, products from them, as well as scrap of such products;

5) Collection banknotes in rubles and foreign currency;

6) Items of historical or artistic value;

7) Things, the value of which according to preliminary estimates exceeds 30 thousand rubles.

In addition, according to Part 3 of Art. 85 of the same Law, the bailiff is also obliged to involve an appraiser to evaluate the property if the debtor or recovered does not agree with the assessment of the property made by the bailiff. The party of the enforcement proceedings challenging the property valuation made by the bailiff shall bear the costs of attracting an appraiser.

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If the bailiff is obliged to involve an appraiser to evaluate a particular thing or property right, then the bailiff:

1) In the act (inventory of property) indicates the approximate value of a thing or property right and makes a note about the preliminary nature of the assessment;

2) Appoints a specialist from among the appraisers selected in the prescribed manner;

3) Make a decision on the valuation of a thing or property right no later than three days from the date of receipt of the appraiser’s report.

Thus, the bailiff, depending on the circumstances of the case, determines either the total cost of the debtor’s property seized or the preliminary (approximate) cost with its subsequent adjustment by an appraiser.

Appointment of an appraiser:

The decision of the bailiff on the appointment of a specialist appraiser shall be drawn up by order.

Along with the general data, the decree shall include: surname, name, patronymic of the specialist place of registration; information about the documents confirming his professional qualifications.

In addition, the specialist is warned about the responsibility established by the legislation for refusal or evasion from giving an opinion or giving a knowingly false conclusion.

As we see, a specialist may not be any person, but only one who has the proper qualifications.

Currently, the licensing of valuation activities has been canceled. The subjects of appraisal activity At the same time, this does not mean that the subjects mentioned above are uncontrolled and should not use objective criteria for evaluating property, which can be relied upon in enforcement proceedings.

The selection of an appraiser is carried out by the territorial bodies of the FSSP of Russia in accordance with.” With the evaluation organizations that won the competition, a state contract is concluded for the provision of services for the assessment of property seized by the bailiffs.

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