Appraisal activity as an object of legal regulation represents, on the one hand, the service of appraisers - independent experts in determining the market value, on the other hand - a legal fact that establishes the value of the appraisal object for the purposes specified in the appraisal agreement. So, a legal fact is a fact of reality, with which the current laws and other legal acts associate the emergence, change or termination of a legal relationship. Therefore, an assessment carried out in accordance with the legislation of the Russian Federation may entail certain legal consequences.
With the development of market relations in Russia, the category of property value from an object of planned regulation has grown into a market category. The value of property is determined by many more factors than in the planned economy. Determination of value, in an economy where the main factor in the price of a product is the ratio of supply and demand, is a complex process, the implementation of which requires serious expert research. An expert determination of the value of property is necessary in many situations of business turnover, and a report on the value drawn up by an expert appraiser must have evidentiary value. In order to streamline the activities of appraisers, as well as to establish their legal status, the Russian Federation has established a number of laws and other normative legal acts governing appraisal activities.
If the concept of valuation activity is broadly defined, then the assessment is the judgment of someone with special knowledge about the object of the surrounding reality. Valuation within the framework of the legislation of the Russian Federation on valuation activities is considered in the context of establishing a judgment about the value of the valuation object.
Under the appraisal activity, within the framework of the legislation on appraisal activity, we mean the activity of the subjects of appraisal activity aimed at establishing the market or other value in relation to the objects of appraisal.
Based on the logic of the legislation on valuation activities, activities aimed at establishing market value, carried out by non-subjects of valuation activities, do not fall under the regulation of legislation on valuation activities and cannot have evidentiary value and are not recommended for transactions with property. However, such activities are not prohibited by law. In practice, investment, analytical companies, other legal entities and individuals, government agencies determine and analyze the value of certain types of property, this activity is not prohibited and cannot be prohibited by law, however, such a judgment on value does not fall within the scope of legal regulation of legislation on valuation activities and cannot be an independent expert opinion on the value of the objects of appraisal, and has no legal evidentiary value. Thus, one of the essential conditions for recognizing the probative power of a judgment about the value of the objects of appraisal is the implementation of this activity by the subject of appraisal activity. I. V. Kosorukova Textbook for the discipline "Fundamentals of appraisal activities." Moscow Financial and Industrial Academy, 2005.
Regulation of appraisal activities - a system of measures and procedures aimed at improving the quality of appraisers' services and their compliance with certain criteria established by the professional community of appraisers (self-regulation) or government bodies (state regulation) or jointly.
Regulation develops within the framework of the following procedures:
- - determination of methodological requirements for assessment procedures, which are traditionally formulated in assessment standards;
- - determination of the requirements for the moral and ethical qualities of an appraiser associated with his independence; these requirements are formulated in codes of professional ethics;
- - determination of requirements for the level of professional training and practical experience of the appraiser, which are reflected in the level of professional titles.
State regulation of appraisal activities and the activities of self-regulatory organizations of appraisers in terms of supervision and legal regulation is carried out by federal executive bodies authorized by the Government of the Russian Federation.
According to the current legislation, the regulation of appraisal activities is carried out by the council for appraisal activities under the authorized federal body performing the functions of legal regulation of appraisal activities (hereinafter referred to as the council for appraisal activities), as well as by the national association of self-regulatory organizations of appraisers in terms of the development of federal appraisal standards, for with the exception of cases of violation of the deadlines provided for by the program for the development of federal valuation standards by self-regulatory organizations of appraisers in terms of the development and approval of standards and rules for valuation activities. Control over the activities of members of self-regulatory organizations of appraisers in terms of their compliance with the requirements of this Federal Law, federal appraisal standards, other regulatory legal acts of the Russian Federation in the field of appraisal activities, standards and rules for appraisal activities, rules of business and professional ethics is carried out by these self-regulatory organizations.
Among them, an important issue is the responsibility of appraisers for the results of their assessment activities, since the risk of an appraiser committing an error or omission in the exercise of his professional duties is quite high. V.V. Gushchin Legal regulation of appraisal activities. Law and Economics. 2011. No. 10 Losses caused to the customer who entered into a contract for the assessment, or property damage caused to third parties as a result of the use of the final value of the market or other value of the appraisal object specified in the report signed by the appraiser or appraisers, are subject to compensation in full at the expense of the property an appraiser or appraisers who have caused losses or property damage by their actions (inaction) while carrying out appraisal activities, or at the expense of the property of a legal entity with which the appraiser has entered into an employment contract. In order to ensure the property liability of the members of the self-regulatory organization of appraisers to those who have entered into an agreement for the assessment by the customer and (or) third parties, the self-regulatory organization of appraisers is obliged to present requirements to its members for the use of the following types of security for such liability.
The question arises of the creation of a compensation fund as intended and sufficient to cover any losses, in particular in the event of losses arising from the results of the assessment of shares of industrial enterprises - subjects of natural monopolies. In these cases, losses can amount to billions of rubles.
The idea of full compensation for losses at the expense of appraisers is inappropriate, we should, in our opinion, define a different goal - compensation in connection with a poor-quality assessment of the damage caused to the client. The formation of a compensation fund, the expansion of the functions of self-regulatory organizations, as well as the consolidation of responsibility for the result of valuation activities is a factor aimed at stimulating the qualitative development of the social relations in question and ousting unscrupulous appraisers from the valuation services market.
Approved by
by decision of the general meeting of members
self-regulatory organization
"__________________________"
Minutes N _____ dated "__" ___________ ____
Regulation 1 on the structural unit exercising control over the appraisal activities of the members of the self-regulatory organization of appraisers "__________________________"
1. This Regulation has been developed in accordance with the requirements of the Federal Law of July 29, 1998 N 135-FZ "On appraisal activities in the Russian Federation", the Charter of the self-regulatory organization of appraisers "_______________" (hereinafter - the Organization) and establishes the procedure for the formation and implementation of the activities of the structural unit, exercising control over the assessment activities of the members of the Organization (hereinafter referred to as the Control Division).
2. This Regulation is an internal document of the Organization.
3. The control unit is created in order to ensure control over the implementation of assessment activities by the members of the Organization.
4. The Control Unit consists of the head of the Control Unit and the inspector (s) of the Control Unit.
The number of inspectors of the Control Unit is determined by the Collegial Body of the Organization, taking into account the need for effective and sufficient control over the implementation of assessment activities by all members of the Organization - assessors, but there must be at least one.
5. Employees of the Control Unit must meet the following requirements:
Must not be members of the Organization;
Should not be part of the organs of the Organization;
Must comply with the qualification and independence requirements established by the internal documents of the Organization.
6. Employees in the Control Unit are recruited to the structural Control Unit of the Organization. Employment contracts are concluded with such persons in accordance with the labor legislation of the Russian Federation.
7. The powers of employees of the Control Division are terminated in cases of termination of employment contracts concluded with them, including in cases of termination, on the grounds provided for by the legislation of the Russian Federation on labor.
8. The activities of the Control Division are to monitor the implementation of the assessment activities of the Organization's members for compliance with the Federal Law of July 29, 1998 N 135-FZ "On Valuation Activities in the Russian Federation", other federal laws and other regulatory legal acts of the Russian Federation, federal appraisal standards, standards and rules for appraisal activities, as well as rules of business and professional ethics, additional requirements for the procedure for ensuring property liability of appraisers in the implementation of appraisal activities.
9. The control subdivision exercises control by carrying out scheduled and unscheduled inspections.
A scheduled inspection is carried out at least once every three years and not more often than once a year on the basis of an inspection plan approved by the head of the Control Division.
The basis for an unscheduled inspection by the Organization may be a motivated complaint sent to the Organization about the violation by the appraiser of the requirements of the Federal Law of July 29, 1998 N 135-FZ "On appraisal activities in the Russian Federation", other federal laws and other regulatory legal acts of the Russian Federation, federal appraisal standards , standards and rules for valuation activities, as well as rules of business and professional ethics, as well as other grounds stipulated by the internal documents of the Organization.
10. In the course of an unscheduled inspection, only the facts specified in the complaint or facts subject to verification assigned on other grounds are subject to investigation.
The appraiser is obliged to provide the necessary information for the verification at the request of the Organization in the manner determined by the internal documents of the Organization.
11. In the event of a violation, the inspection materials are transferred to the disciplinary committee.
12. The Self-Regulatory Organization of Appraisers, as well as its employees and officials participating in the audit, are responsible for non-disclosure and non-dissemination of information obtained in the course of its conduct, in accordance with the legislation of the Russian Federation.
13. All changes and additions to these Regulations are made by the decision of the Collegial Management Body of the Organization and become mandatory from the moment such a decision is made.
1 According to par. 4 h. 1 tbsp. 22.3 of the Federal Law of 29.07.1998 N 135-FZ "On appraisal activities in the Russian Federation" a self-regulatory organization of appraisers is obliged to post on the official website of the self-regulatory organization of appraisers on the Internet, including the provision on the structural unit exercising control over the appraisal activities of members self-regulatory organization of appraisers.
Similar documents
Article 18. Regulation of appraisal activities and activities of self-regulatory organizations of appraisers
State regulation of appraisal activities and the activities of self-regulatory organizations of appraisers in terms of supervision and legal regulation is carried out by federal executive bodies authorized by the Government of the Russian Federation (hereinafter referred to as authorized federal bodies).
The regulation of appraisal activities is carried out by the National Council for Appraisal Activities (hereinafter also referred to as the National Council) in terms of the development of federal appraisal standards, except for cases of violation of the deadlines provided for by the program for the development of federal appraisal standards, by self-regulatory organizations of appraisers in terms of the development and approval of standards and rules for appraisal activities. Control over the implementation of appraisers by members of the self-regulatory organization of appraisers is carried out by these organizations.
Article 19. Functions of the authorized federal bodies
The functions of the authorized federal bodies are:
development of state policy in the field of appraisal activities;
legal regulation in the field of valuation activities, approval of federal valuation standards, programs for the development of federal valuation standards, as well as the development of federal valuation standards in case of violation of the deadlines provided for by the program for the development of federal valuation standards;
maintaining a unified state register of self-regulatory organizations of appraisers;
supervision over the fulfillment by self-regulatory organizations of appraisers of the requirements of this Federal Law;
going to court with a statement to exclude the self-regulatory organization of appraisers from the unified state register of self-regulatory organizations of appraisers.
Article 20. Standards for appraisal activities
The appraisal activity standards define the requirements for the appraisal procedure and implementation of appraisal activity.
Valuation standards are subdivided into federal valuation standards and valuation standards and rules.
Federal valuation standards are developed by the National Council, taking into account international valuation standards within the time frame provided for by the program for the development of federal valuation standards.
The authorized federal body that carries out the functions of normative and legal regulation of valuation activities approves the program for the development of federal valuation standards presented by the National Council, as well as changes to the program for the development of federal valuation standards, which are presented as necessary by the National Council.
In the event that the National Council has not submitted the developed draft federal assessment standard for approval to the authorized federal body performing the functions of normative legal regulation of valuation activities, within the time period stipulated by the program for the development of federal valuation standards, the authorized federal body performing the functions of regulatory and legal regulation of valuation activities, develops and approves the corresponding federal valuation standard.
The developed federal valuation standards are sent by the National Council for approval to the authorized federal body that carries out the functions of regulatory and legal regulation of valuation activities. The authorized federal body exercising the functions of normative legal regulation of valuation activities is obliged to approve federal valuation standards or issue a written reasoned refusal to approve them no later than sixty working days from the date of receipt of federal valuation standards.
The authorized federal body exercising the functions of normative legal regulation of appraisal activity refuses to approve federal appraisal standards in the event of their inconsistency with the requirements of international treaties of the Russian Federation, the Constitution of the Russian Federation, this Federal Law, other federal laws, other regulatory legal acts of the Russian Federation on appraisal activities.
The approved federal valuation standards are subject to publication by the authorized federal body performing the functions of normative legal regulation of appraisal activities, in the manner prescribed by the Government of the Russian Federation, and posting on the official website of the authorized federal body exercising the functions of normative legal regulation of appraisal activities, in the informational and telecommunication network "Internet".
The approved federal valuation standards and guidelines for state cadastral valuation are not subject to state registration.
The standards and rules for appraisal activities are developed and approved by the self-regulatory organization of appraisers and cannot contradict this Federal Law and federal appraisal standards.
Article 21. Professional training of appraisers
Professional training of appraisers is carried out by public or private educational institutions specially created for this purpose, or on the basis of faculties (departments, departments) of public or private educational institutions that have the right to carry out such training in accordance with the legislation of the Russian Federation.
Article 21.1. Unified qualification exam
A member of a self-regulatory organization of appraisers may be included in the expert council of a self-regulatory organization of appraisers only if they pass a unified qualification exam in accordance with the requirements for the level of knowledge presented by the federal assessment standard to an expert of a self-regulatory organization of appraisers.
The requirements for the level of knowledge of an expert of a self-regulatory organization of appraisers are established by the federal appraisal standard.
The unified qualification examination is conducted by the attestation commission of the National Council for Appraisal Activities.
The procedure for the formation of the attestation commission of the National Council for Appraisal Activities, the composition of such an attestation commission, the procedure for conducting and passing the unified qualification exam, including the procedure for filing and considering appeals and requirements for special software developed and used by the National Council for the purpose of conducting a unified qualifying exam, approved by the authorized federal body performing the functions of legal regulation of valuation activities.
For taking the unified qualification exam, an applicant is charged a fee, the amount and procedure for collection of which are established by the National Council for Valuation Activities in agreement with the authorized federal body exercising the functions of legal regulation of valuation activities.
The plan for conducting unified qualification exams is approved by the National Council in agreement with the authorized federal body in charge of legal regulation of valuation activities.
Article 21.2. Qualification certificate
A qualification certificate is a certificate confirming the passing of the unified qualification exam, and is issued on the condition that the person applying for it has passed the unified qualification exam.
The types, forms of qualification certificates, the procedure for their issuance and cancellation, the procedure for maintaining the register of qualification certificates by the National Council shall be approved by the authorized federal body exercising the functions of legal regulation of valuation activities.
The presence of a qualification certificate may be established by a self-regulatory organization of appraisers as an additional requirement for joining the membership of this self-regulatory organization or an additional requirement for its members.
Article 22. Self-regulatory organization of appraisers
A self-regulatory organization of appraisers is a non-profit organization created to regulate and control appraisal activities, included in the unified state register of self-regulating appraisers' organizations and uniting appraisers on terms of membership.
The status of a self-regulatory organization of appraisers is acquired by a non-profit organization in accordance with the provisions of this article from the date of its inclusion in the unified state register of self-regulatory organizations of appraisers.
The basis for the inclusion of a non-profit organization in the unified state register of self-regulatory organizations of appraisers is its fulfillment of the following requirements:
association within such an organization as its members at least three hundred individuals who meet the requirements established by part two of Article 24 of this Federal Law;
the presence of a compensation fund, which is formed from contributions of its members in cash in the amount established by part three of Article 24.6 of this Federal Law;
the presence of a collegial management body (council, supervisory board), functionally specialized bodies and structural divisions;
availability of standards and rules for valuation activities approved in accordance with the requirements of this Federal Law.
Employees of a self-regulatory organization of appraisers are not entitled to carry out appraisal activities.
The self-regulatory organization of appraisers is obliged to take timely measures to prevent the emergence of a conflict of interest between the self-regulatory organization of appraisers and its members, as well as to timely resolve such a conflict.
Liquidation of a non-profit organization that has the status of a self-regulatory organization of appraisers is carried out in accordance with the legislation on non-profit organizations. A representative of the National Council must be included in the liquidation commission of a non-profit organization that has the status of a self-regulatory organization of appraisers.
A non-profit organization that has the status of a self-regulatory organization of appraisers cannot be reorganized.
Article 22.1. Functions of the self-regulatory organization of appraisers
The functions of the self-regulatory organization of appraisers are:
development and approval of standards and rules for valuation activities, rules of business and professional ethics;
development and approval of the rules and conditions for admission to members of a self-regulatory organization of appraisers, additional requirements for the procedure for ensuring the property liability of its members in the implementation of appraisal activities, establishing the amount of membership fees and the procedure for their payment;
representing the interests of its members in their relations with federal government bodies, government bodies of the constituent entities of the Russian Federation, local government bodies, as well as with international professional organizations of appraisers;
admission to membership and expulsion from members of a self-regulatory organization of appraisers on the grounds provided for by this Federal Law and internal documents of a self-regulatory organization of appraisers;
control over the implementation of valuation activities by its members in terms of their compliance with the requirements of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, federal valuation standards, standards and rules for valuation activities, as well as rules of business and professional ethics;
maintaining a register of members of a self-regulatory organization of appraisers and providing information contained in this register to interested parties in the manner prescribed by the authorized federal body exercising the functions of normative legal regulation of appraisal activities;
organization of informational and methodological support of its members;
implementation of other functions established by this Federal Law;
examination of reports.
Article 22.2. Basic rights and obligations of a self-regulatory organization of appraisers
The Self-Regulatory Organization of Appraisers has the right to:
represent the interests of its members in their relations with federal government bodies, government bodies of the constituent entities of the Russian Federation, local government bodies, as well as with international professional organizations of appraisers;
to challenge in court the acts of federal bodies of state power, bodies of state power of the constituent entities of the Russian Federation, bodies of local self-government and actions (inaction) of these bodies that violate the rights and legitimate interests of all or part of their members.
The Self-Regulatory Organization of Appraisers is required to:
comply with the requirements of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation;
to form a compensation fund to ensure the responsibility of its members to consumers of services in the field of appraisal activities and third parties;
monitor compliance by its members with the requirements of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, federal valuation standards, standards and rules for valuation activities, as well as rules of business and professional ethics;
apply disciplinary measures provided for by this Federal Law and internal documents of the self-regulatory organization of appraisers in relation to its members;
notify the authorized federal body exercising the functions of supervising the activities of self-regulatory organizations of appraisers about the occurrence of its non-compliance with the requirements provided for in part three of Article 22 of this Federal Law, within ten days from the date of revealing such a discrepancy;
refuse to accept as members of a self-regulatory organization of appraisers in the cases established by this Federal Law;
exclude appraisers from members of a self-regulatory organization on the grounds provided for by this Federal Law and internal documents of a self-regulatory organization of appraisers, for violation of the requirements of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, federal appraisal standards, standards and rules for appraisal activities, as well as rules of business and professional ethics;
maintain a register of members of a self-regulatory organization of appraisers and provide the information contained in this register to interested parties in the manner prescribed by the authorized federal body exercising the functions of legal regulation of appraisal activities;
organize professional retraining of appraisers;
form an expert council of a self-regulatory organization of appraisers in accordance with the requirements of this Federal Law and federal appraisal standards.
Article 22.3. Disclosure of information by a self-regulatory organization of appraisers
The self-regulatory organization of appraisers is obliged to place on the official website of the self-regulatory organization of appraisers in the information and telecommunication network "Internet":
constituent documents;
standards and rules for valuation, as well as rules of business and professional ethics;
regulations on the collegial governing body of a self-regulatory organization of appraisers, on a structural unit exercising control over the appraisal activities of members of a self-regulatory organization of appraisers, on a body for considering cases on the application of disciplinary sanctions against members of this organization (hereinafter - the disciplinary committee), on other bodies and structural units and information on the composition of such bodies and divisions;
a register of members of a self-regulatory organization of appraisers, including information about each of its members (last name, first name, patronymic; information intended to establish contact; seniority, experience in appraisal activities; information on the facts of the application of disciplinary sanctions, if any);
a list of persons whose membership in the self-regulatory organization of appraisers has been terminated, including persons expelled from the self-regulatory organization of appraisers for violating the requirements of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, federal appraisal standards, standards and rules of appraisal activities, rules business and professional ethics, over the past three years of activity of the self-regulatory organization of appraisers;
information on the non-compliance of the self-regulatory organization of appraisers with the requirements established by part three of Article 22 of this Federal Law (including information on the date of occurrence of the non-compliance of the self-regulatory organization of appraisers with the specified requirements, on the measures taken and (or) planned by the self-regulatory organization of appraisers to eliminate such discrepancy);
rules and conditions for admission to members of a self-regulatory organization of appraisers, the amount of membership fees and the procedure for their payment, additional requirements for the procedure for ensuring the property liability of its members in the implementation of appraisal activities;
information about the reports of its members. The composition and terms of posting such information are determined by the internal documents of the self-regulatory organization of appraisers in accordance with paragraph two of part three of this article;
information on the compensation fund, including information on the monetary value of the compensation fund, on the investment declaration of the compensation fund, on the facts of levies on the compensation fund;
information about the management company with which an agreement on trust management of the compensation fund has been concluded (including information about its name, location, license and information intended to establish contact);
information about the specialized depository with which the depositary agreement has been concluded (including information about its name, location, license and information intended to establish contact);
information on compulsory liability insurance contracts of members of a self-regulatory organization of appraisers and information on insurers with whom such contracts are concluded (including information on their names, their location, licenses and information intended to establish contact);
information on the acquisition by officials or employees of a self-regulatory organization of appraisers or their affiliates of securities, the issuers of which or debtors are legal entities with which members of the self-regulatory organization of appraisers have concluded employment contracts;
information on the results of inspections of the activities of members of the self-regulatory organization of appraisers;
information on the occurrence of a conflict of interest between the self-regulatory organization of appraisers and its members.
The self-regulatory organization of appraisers is obliged to post on the official website of the self-regulatory organization of appraisers in the information and telecommunication network "Internet" all changes made to the documents, or changes to the information specified in part one of this article, no later than the day following the day when such changes were adopted, occurred or became known to a self-regulatory organization of appraisers.
The Self-Regulatory Organization of Appraisers is required to develop and approve a disclosure clause that sets out:
the procedure for submitting reports to the self-regulatory organization of appraisers by its members, the scope of the content of such reports;
the volume of published information on the reports of the members of the self-regulatory organization of appraisers;
the procedure for providing information contained in the register of members of a self-regulatory organization of appraisers, at the request of citizens and legal entities;
other requirements not contradicting this article.
Article 23. The procedure for the inclusion of a non-profit organization in the unified state register of self-regulatory organizations of appraisers
A non-profit organization that meets the requirements of part three of Article 22 of this Federal Law has the right to submit to the authorized federal body exercising the functions of supervising the activities of self-regulatory organizations of appraisers, an application for its inclusion in the unified state register of self-regulatory organizations of appraisers. For the inclusion of a non-profit organization in the unified state register of self-regulatory organizations of appraisers, a state duty is paid in the amount and in the manner established by the legislation of the Russian Federation on taxes and fees.
To include information about a non-profit organization in the unified state register of self-regulatory organizations of appraisers, a non-profit organization submits the following documents to the authorized federal body exercising the functions of overseeing the activities of self-regulatory organizations of appraisers:
an application for inclusion in the unified state register of self-regulatory organizations of appraisers indicating the name of the non-profit organization, main state registration number, taxpayer identification number;
notarized copies of constituent documents;
copies of education documents certified by a non-profit organization, confirming the acquisition by its members of professional knowledge in the field of appraisal activities in accordance with educational programs of higher professional education, additional vocational education or professional retraining programs for specialists in the field of appraisal activities;
copies of the regulations on the collegial management body, on the structural unit exercising control over the assessment activities of the members of such an organization, and on the disciplinary committee certified by a non-profit organization;
copies of standards and rules for appraisal activities certified by a non-profit organization;
copies of documents, certified by a non-commercial organization, confirming the formation of a compensation fund in the amount established by this Federal Law;
copies of applications of its members to join this organization certified by a non-profit organization;
a copy of the register of members of a non-profit organization, certified by a non-profit organization, indicating the taxpayer identification number and passport data (last name, first name, patronymic, date of birth, place of birth, passport details) of each of its members on paper and electronic media or in the form of an electronic document signed by a qualified electronic signature of a non-profit organization;
document confirming the payment of the state fee;
a copy of the regulation on the expert council of the self-regulatory organization of appraisers certified by a non-profit organization.
To include a non-profit organization in the unified state register of self-regulatory organizations of appraisers, the following documents are also required:
a notarized copy of the certificate of registration of a non-profit organization with a tax authority;
copies of certificates certified by a non-profit organization stating that its members have not cleared or outstanding convictions for crimes in the economic sphere, as well as for crimes of average gravity, grave and especially grave crimes.
In the event that the documents specified in part three of this article are not submitted by a non-profit organization, the authorized federal body exercising the functions of supervising the activities of self-regulatory organizations of appraisers, when considering an application for inclusion of a non-profit organization in the unified state register of self-regulatory organizations of appraisers, requests:
in the tax authority information about the registration of the non-profit organization with the tax authority;
in the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of internal affairs, information on the fact that members of the non-profit organization have no unreleased or outstanding convictions for crimes in the economic sphere, as well as for crimes of medium gravity, grave and especially grave crimes.
The authorized federal body exercising the functions of overseeing the activities of self-regulatory organizations of appraisers makes a decision on the inclusion or refusal to include a non-profit organization in the unified state register of self-regulatory organizations of appraisers within fifteen working days from the date of submission of an application for inclusion in the unified state register of self-regulatory organizations of appraisers and other documents provided for in part two of this article, about which the non-profit organization is notified in writing within three working days from the date of the relevant decision.
The decision of the authorized federal body exercising the functions of overseeing the activities of self-regulatory organizations of appraisers to refuse to include a non-profit organization in the unified state register of self-regulatory organizations of appraisers may be made on the following grounds:
a non-profit organization does not comply with one of the requirements provided for by part three of Article 22 of this Federal Law;
the non-profit organization has not submitted the documents provided for in part two of this article, the obligation to submit which is assigned to the non-profit organization or has submitted documents containing inaccurate information;
the tax authority lacks information on the registration of a non-profit organization with the tax authority.
The decision to refuse to include a non-profit organization in the unified state register of self-regulatory organizations of appraisers may be appealed by this non-profit organization to an arbitration court.
The exclusion of a self-regulatory organization of appraisers from the unified state register of self-regulatory organizations of appraisers is carried out by the authorized federal body exercising the functions of overseeing the activities of self-regulatory organizations of appraisers, if this organization has submitted an application for its exclusion from the specified register, or in case of liquidation of a non-profit organization with the status self-regulatory organization of appraisers.
In other cases, the authorized federal body exercising the functions of overseeing the activities of self-regulatory organizations of appraisers applies to the arbitration court with a statement to exclude the self-regulatory organization of appraisers from the unified state register of self-regulatory organizations of appraisers. The basis for applying to the arbitration court is:
the discrepancy between the self-regulatory organization of appraisers revealed as a result of the inspection, and one of the requirements provided for by part three of Article 22 of this Federal Law;
non-compliance by the self-regulatory organization of appraisers with the requirements to eliminate the violations identified by the authorized federal body exercising the functions of supervising the activities of self-regulatory organizations of appraisers and the violations specified in the order within the time frame established by it.
Article 24. Requirements for membership in a self-regulatory organization of appraisers
An appraiser can simultaneously be a member of only one self-regulatory organization of appraisers that meets the requirements of this Federal Law.
To become a member of a self-regulatory organization of appraisers, an individual shall submit:
educational document confirming the acquisition of professional knowledge in the field of appraisal activities in accordance with educational programs of higher professional education, additional vocational education or professional retraining programs for specialists in the field of appraisal activities;
a certificate of the absence of an unexpunged or outstanding conviction for crimes in the economic sphere, as well as for crimes of average gravity, grave and especially grave crimes.
When accepting individuals as members of a self-regulatory organization of appraisers, a self-regulatory organization of appraisers has the right to present other requirements related to the performance of an appraiser and not contradicting this Federal Law and other federal laws.
The collegial governing body of a self-regulatory organization of appraisers makes a decision on the person's compliance with the requirements established by parts two and three of this article within seven days from the date of receipt of the application and the necessary documents from such a person.
A person in respect of whom a decision has been made on his compliance with the requirements established by parts two and three of this article is considered accepted as a member of a self-regulatory organization of appraisers, and information about such a person is entered into the register of members of a self-regulatory organization of appraisers within three days from the date such person submits an agreement compulsory liability insurance that meets the requirements established by Article 24.7 of this Federal Law, and the payment of fees established by the self-regulatory organization of appraisers. Such a person, within ten days from the date of entering information about him in the register of members of a self-regulatory organization of appraisers, is issued a document on membership in a self-regulatory organization of appraisers.
The grounds for refusing to accept a person as a member of a self-regulatory organization of appraisers are:
non-compliance of the person with the requirements of this article;
non-compliance of the person with the requirements approved by the self-regulatory organization of appraisers to become a member of the self-regulatory organization of appraisers;
exclusion of a person from members of another self-regulatory organization of appraisers for violation of the requirements of this Federal Law, regulatory legal acts of the Russian Federation and federal appraisal standards adopted in accordance with it, if less than three years have passed since the date of exclusion from members of the self-regulatory organization of appraisers.
A person who is denied admission to membership in a self-regulatory organization of appraisers has the right to appeal against such a refusal to an arbitration court.
The membership of an appraiser in a self-regulatory organization of appraisers is terminated by a collegial governing body of a self-regulatory organization of appraisers on the basis of:
appraiser's statements of withdrawal from the members of the self-regulatory organization of appraisers;
approval by the collegial governing body of a self-regulatory organization of appraisers of a decision to exclude an appraiser from members of a self-regulatory organization of appraisers in connection with his violation of the requirements of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, federal appraisal standards, standards and rules for appraisal activities, as well as rules business and professional ethics.
A person in respect of whom a decision has been made to terminate membership in a self-regulatory organization of appraisers is obliged to notify the fact of termination of his membership in a self-regulatory organization of appraisers and the impossibility of signing a report on the assessment of a customer under an appraisal agreement or a legal entity with whom an employment contract has been concluded.
A self-regulatory organization of appraisers no later than the day following the day the collegial governing body of a self-regulatory organization of appraisers makes a decision to terminate an appraiser's membership in a self-regulatory organization of appraisers, must post such a decision on the official website of the self-regulatory organization of appraisers in the Internet, and send copies such a solution:
a person in respect of whom a decision has been made to terminate membership in a self-regulatory organization of appraisers;
a legal entity with which the person has entered into an employment contract, in cases where information about the concluded employment contract has previously been submitted to the self-regulatory organization of appraisers;
all self-regulatory organizations included in the unified state register of self-regulatory organizations of appraisers, in the event that the collegial governing body of the self-regulatory organization of appraisers approves the decision to exclude the appraiser from the members of the self-regulatory organization of appraisers in connection with his violation of the requirements of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation as well as federal valuation standards;
The National Council, if the collegial governing body of a self-regulatory organization of appraisers approves a decision to exclude an appraiser from a self-regulatory organization of appraisers in connection with his violation of the requirements of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, federal appraisal standards, standards and rules for appraisal activities, as well as rules of business and professional ethics.
Article 24.1. Keeping a register of members of a self-regulatory organization of appraisers by a self-regulatory organization of appraisers
The composition of the information included in the register of members of a self-regulatory organization of appraisers in accordance with the requirements of this Federal Law, and the procedure for maintaining this register by a self-regulatory organization of appraisers and placing information contained in the register in information and telecommunication networks, access to which is not limited to a certain circle of persons, are approved by the authorized federal the body performing the functions of normative legal regulation of appraisal activities.
Based on the provisions of this Federal Law, information contained in the register of members of a self-regulatory organization of appraisers is provided at the request of citizens, legal entities in the manner determined by the internal documents of a self-regulatory organization of appraisers. The term for providing such information cannot exceed seven days from the date of receipt of the corresponding request.
Article 24.2. Bodies of the self-regulatory organization of appraisers
The procedure for the formation, structure, competence and term of office of the bodies of the self-regulatory organization of appraisers, the procedure for making decisions by these bodies are established by the internal documents of the self-regulatory organization of appraisers in accordance with this Federal Law and other federal laws.
The general meeting of members of the self-regulatory organization of appraisers is the supreme governing body of the self-regulatory organization of appraisers, which considers issues within its competence by this Federal Law and other federal laws.
The general meeting of the members of the self-regulatory organization of appraisers is convened at least once a year in accordance with the procedure established by the charter.
The exclusive competence of the general meeting of members of the self-regulatory organization of appraisers includes the solution of the following issues:
approval of the regulations on the collegial governing body of a self-regulatory organization of appraisers, the formation of a collegial governing body of a self-regulatory organization of appraisers, making decisions on the early termination of the powers of the collegial governing body of a self-regulatory organization of appraisers or on the early termination of the powers of its members;
approval of the regulation on information disclosure of the self-regulatory organization of appraisers;
approval of the regulations on the disciplinary committee, the formation of a disciplinary committee, making decisions on the early termination of its powers or on the early termination of the powers of its members;
approval, in the manner and with the frequency established by the charter, of the reports of the collegial management body of the self-regulatory organization of appraisers and its executive body on the results of the financial, economic and organizational activities of the self-regulatory organization of appraisers;
approval of the regulation on membership in the self-regulatory organization of appraisers;
election of a member of the self-regulatory organization of appraisers who passed the unified qualification exam to the expert council of the self-regulatory organization of appraisers;
making decisions on the voluntary liquidation of a non-profit organization and the appointment of a liquidator or liquidation commission.
The procedure for holding general meetings of members of the self-regulatory organization of appraisers, the procedure for forming the agenda of meetings, determining the quorum, the conditions and procedure for voting are determined by the self-regulatory organization of appraisers independently in the charter.
The collegial governing body of a self-regulatory organization of appraisers is formed of at least seven people.
The exclusive competence of the collegial governing body of a self-regulatory organization of appraisers includes:
approval of standards and rules for valuation, rules of business and professional ethics;
admission to membership in a self-regulatory organization of appraisers and termination of membership in a self-regulatory organization of appraisers;
the formation of committees provided for by the internal documents of the self-regulatory organization of appraisers, making decisions on the early termination of the powers of such committees or on the early termination of the powers of their members, approval of regulations on the structural unit exercising control over the appraisal activities of members of the self-regulatory organization of appraisers, and on other committees;
approval of the investment declaration of the compensation fund;
approval of the regulation on the procedure for exercising control over the appraisal activities of members of the self-regulatory organization of appraisers;
establishment of additional requirements for the members of the expert council of the self-regulatory organization of appraisers;
establishment of the procedure for approval of an expert opinion prepared by an expert or experts of a self-regulatory organization of appraisers;
other issues attributed by the charter to the exclusive competence of the collegial management body of the self-regulatory organization of appraisers.
No more than twenty-five percent of the members of the collegial governing body of a self-regulatory organization of appraisers must be persons who are not members of the self-regulatory organization of appraisers and (or) their affiliates.
Meetings of the collegial governing body of a self-regulatory organization of appraisers can be held in the form of absentee voting.
Members of the collegial governing body of a self-regulatory organization of appraisers cannot be elected to the disciplinary committee.
The person performing the functions of the sole executive body of the self-regulatory organization of appraisers, persons who are members of the collegial executive body of the self-regulatory organization of appraisers, are not entitled to:
establish legal entities or be members of the management bodies of legal entities carrying out appraisal activities, their subsidiaries and dependent companies;
conclude labor contracts with legal entities that have concluded labor contracts with members of the self-regulatory organization of appraisers, as well as with their subsidiaries and dependent companies;
conclude civil law contracts, including contracts for the provision of services for a fee, the customer for which is a member of a self-regulatory organization of appraisers.
To ensure its activities, the self-regulatory organization of appraisers forms:
structural unit exercising control over the appraisal activities of members of the self-regulatory organization of appraisers;
disciplinary committee and expert council;
other bodies and structural divisions defined by the internal documents of the self-regulatory organization of appraisers.
Approval of the regulation on the expert council of the self-regulatory organization of appraisers and requirements for the members of the expert council of the self-regulatory organization of appraisers, the formation of the expert council of the self-regulatory organization of appraisers, decision-making on the early termination of its powers or the powers of its members belong to the exclusive competence of the general meeting of members of the self-regulatory organization of appraisers.
The expert council of the self-regulatory organization of appraisers is formed from members of the self-regulatory organization, consisting of at least seven people.
Article 24.3. The procedure for a self-regulatory organization of appraisers to monitor the implementation of appraisal activities
Control over the implementation of appraisal activities by members of the self-regulatory organization of appraisers is carried out by its corresponding structural unit, consisting of employees of the self-regulatory organization of appraisers, through scheduled and unscheduled inspections.
The subject of a scheduled inspection is the compliance by members of a self-regulatory organization of appraisers with the requirements of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, federal appraisal standards, standards and rules for appraisal activities, as well as rules of business and professional ethics, additional requirements for the procedure for ensuring property liability appraisers in the implementation of appraisal activities. The duration of a scheduled inspection should not exceed thirty days.
Scheduled inspection is carried out at least once every three years and not more often than once a year.
The basis for an unscheduled inspection by a self-regulatory organization of appraisers may be a motivated complaint sent to a self-regulatory organization of appraisers about a violation by an appraiser of the requirements of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, federal appraisal standards, standards and rules for appraisal activities, as well as business rules. and professional ethics.
The internal documents of the self-regulatory organization of appraisers may provide for other grounds for conducting an unscheduled inspection.
In the course of an unscheduled inspection, only the facts specified in the complaint or facts subject to verification assigned on other grounds are subject to investigation.
The appraiser is obliged to provide the necessary information for the inspection at the request of the self-regulatory organization of appraisers in the manner determined by the internal documents of the self-regulatory organization of appraisers.
In the event of a violation, the inspection materials are transferred to the disciplinary committee.
The self-regulatory organization of appraisers, as well as its employees and officials taking part in the audit, are responsible for the non-disclosure and non-dissemination of information obtained in the course of its conduct, in accordance with this Federal Law and other federal laws.
Article 24.4. The procedure for the application of disciplinary sanctions against members of a self-regulatory organization of appraisers
The disciplinary committee is obliged to consider complaints against the actions of members of the self-regulatory organization of appraisers and cases of violation by its members of the requirements of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, federal appraisal standards, standards and rules of appraisal activities, as well as rules of business and professional ethics , requirements for making mandatory contributions to the self-regulatory organization of appraisers and additional requirements for the procedure for ensuring property liability of appraisers in the implementation of appraisal activities.
The procedure for considering these complaints and cases and the content of these violations are determined by the internal documents of the self-regulatory organization of appraisers.
When considering complaints against the actions of members of a self-regulatory organization of appraisers, the disciplinary committee is obliged to invite to its meetings the persons who have sent such complaints, as well as members of the self-regulatory organization of appraisers, in respect of whom cases on the application of disciplinary sanctions are considered.
The disciplinary committee has the right to decide on the application of the following disciplinary sanctions:
issuance of a prescription obliging a member of a self-regulatory organization of appraisers to eliminate the identified violations and setting the deadline for the elimination of such violations;
issuing a warning to a member of a self-regulatory organization of appraisers;
imposing a fine on a member of a self-regulatory organization of appraisers in the amount established by the internal documents of a self-regulatory organization of appraisers;
other measures established by the internal documents of the self-regulatory organization of appraisers.
The decisions provided for by paragraphs two through four and six of part four of this article shall enter into force from the moment they are adopted by the disciplinary committee. The decision provided for in paragraph five of part four of this article may be taken by at least seventy-five percent of the votes of the members of the disciplinary committee present at its meeting, and shall enter into force from the moment it is approved by the collegial governing body of the self-regulatory organization of appraisers.
The self-regulatory organization of appraisers, within two working days from the date of the decision by the disciplinary committee to apply a disciplinary sanction to a member of the self-regulatory organization of appraisers, sends copies of such a decision to the member of the self-regulatory organization of appraisers and the person who sent the complaint on which such a decision was made.
The decisions of the disciplinary committee may be appealed by members of the self-regulatory organization of appraisers to the collegial governing body of the self-regulatory organization of appraisers within the time frame established by the self-regulatory organization of appraisers.
The decision of the collegial governing body of the self-regulatory organization of appraisers to approve the recommendation of the disciplinary committee to expel a person from the members of the self-regulatory organization of appraisers may be appealed by the person expelled from the members of the self-regulatory organization of appraisers to the arbitration court within three months from the date of such a decision.
Funds received by a self-regulatory organization of appraisers as a result of imposing a fine on a member of a self-regulatory organization of appraisers in accordance with this article shall be credited to the compensation fund of the self-regulatory organization of appraisers.
Article 24.5. Supervision over the activities of self-regulatory organizations of appraisers
Supervision over the activities of self-regulatory organizations of appraisers is carried out through scheduled and unscheduled inspections by the authorized federal body exercising the functions of overseeing the activities of self-regulatory organizations of appraisers. The procedure for supervising the activities of self-regulatory organizations of appraisers shall be established by the authorized federal body exercising the functions of legal regulation of appraisal activities.
A planned inspection of the activities of a self-regulatory organization of appraisers is carried out once every two years in accordance with a plan approved by the authorized federal body exercising the functions of overseeing the activities of self-regulatory organizations of appraisers.
The decision to conduct an unscheduled inspection of the activities of a self-regulatory organization of appraisers is made by the authorized federal body exercising the functions of overseeing the activities of self-regulatory organizations of appraisers, on the basis of applications from legal entities, individuals, federal government bodies, government bodies of the constituent entities of the Russian Federation, local government bodies, law enforcement bodies on violation by a self-regulatory organization of appraisers or by its members of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation.
In the course of an audit of the activities of a self-regulatory organization of appraisers, the authorized federal body exercising the functions of overseeing the activities of self-regulatory organizations of appraisers has the right to request information on the monetary value of its compensation fund from a specialized depository that has entered into a depository agreement with a self-regulatory organization of appraisers.
The authorized federal body exercising the functions of overseeing the activities of self-regulatory organizations of appraisers shall notify the self-regulatory organization of appraisers about its decision made on the basis of the materials of the audit, no later than three days from the date of adoption of such a decision.
In the event that a violation of the requirements established by part three of Article 22 of this Federal Law is revealed, the authorized federal body exercising the functions of supervising the activities of self-regulatory organizations of appraisers shall apply to the arbitration court with an application to exclude the self-regulatory organization of appraisers from the unified state register of self-regulatory organizations of appraisers.
In the event that other violations are revealed, the authorized federal body exercising the functions of overseeing the activities of self-regulatory organizations of appraisers shall send an order to the self-regulatory organization of appraisers to eliminate the identified violations within a reasonable time frame.
The order of the authorized federal body exercising the functions of overseeing the activities of self-regulatory organizations of appraisers, to eliminate the revealed violations, may be appealed by the self-regulatory organization of appraisers to an arbitration court.
In the event of failure to comply with the order to eliminate the violations identified within the prescribed period, the authorized federal body exercising the functions of supervising the activities of self-regulatory organizations of appraisers shall apply to the arbitration court with an application to exclude the self-regulatory organization of appraisers from the unified state register of self-regulatory organizations of appraisers.
A self-regulatory organization of appraisers, which has revealed its non-compliance with the requirements of part three of Article 22 of this Federal Law, has the right to send to the authorized federal body exercising the functions of overseeing the activities of self-regulatory organizations of appraisers, a written statement on the revealed discrepancy with its description, indicating the date of its occurrence and on the measures taken and (or) planned by the self-regulatory organization of appraisers to eliminate it.
Within two months after the receipt by the authorized federal body exercising the functions of overseeing the activities of self-regulatory organizations of appraisers, a statement of the revealed discrepancy, the self-regulatory organization of appraisers cannot be excluded from the unified state register of self-regulatory organizations of appraisers on the grounds specified in the application. If, after the expiration of the specified period, the self-regulatory organization of appraisers does not submit to the authorized federal body exercising the functions of overseeing the activities of self-regulatory organizations of appraisers, proof of elimination of the revealed discrepancy, the authorized federal body exercising the functions of overseeing the activities of self-regulatory organizations of appraisers shall apply to the arbitration a court with a statement to exclude the self-regulatory organization of appraisers from the unified state register of self-regulatory organizations of appraisers.
A self-regulatory organization of appraisers is considered excluded from the unified state register of self-regulatory organizations of appraisers from the date of entry into force of the decision of the arbitration court on its exclusion from the specified register.
Appraisers who were members of a self-regulatory organization of appraisers excluded from the unified state register of self-regulatory organizations of appraisers have the right to join other self-regulatory organizations of appraisers.
Within three months from the date of exclusion of a self-regulatory organization of appraisers from the unified state register of self-regulatory organizations of appraisers, appraisers who were its members and did not join other self-regulatory organizations of appraisers are entitled to carry out appraisal activities only under contracts concluded before the date of exclusion of the self-regulatory organization of appraisers from the unified state register self-regulatory organizations of appraisers.
Article 24.6. Provision of property liability in the implementation of appraisal activities
Losses caused to the customer who entered into a contract for an appraisal, or property damage caused to third parties due to the use of the final value of the market or other value of the appraisal object specified in the report signed by the appraiser or appraisers, are subject to compensation in full at the expense of the appraiser's or appraisers' property, caused by their actions (inaction) losses or property damage in the course of valuation activities, or at the expense of the property of a legal entity with which the appraiser entered into an employment contract.
The legal entity with whom the appraiser entered into an employment contract may indicate in the appraisal contract the conditions for assuming an obligation to provide additional security for the appraiser's obligation to compensate for losses caused to the customer who entered into an appraisal contract, or property damage caused to third parties.
In order to ensure the property liability of members of a self-regulatory organization of appraisers to those who have entered into an agreement to conduct an appraisal by the customer and (or) third parties, the self-regulatory organization of appraisers is obliged to present requirements to its members for the use of the following types of ensuring such liability:
conclusion of the contract of compulsory insurance of the appraiser's liability in the performance of appraisal activities, provided for in Article 24.7 of this Federal Law, the amount of the insured amount in which cannot be less than three hundred thousand rubles;
formation of a compensation fund for a self-regulatory organization of appraisers, to which each member of a self-regulatory organization of appraisers must make a mandatory contribution of at least thirty thousand rubles.
A self-regulatory organization of appraisers, whose expert or experts have prepared and approved in the manner prescribed by the internal documents of a self-regulatory organization of appraisers, a positive expert opinion shall be jointly and severally liable for losses caused to a customer who has entered into an appraisal agreement, or property damage caused to third parties by actions (inaction ) an appraiser or appraisers as a result of violations of the requirements of federal appraisal standards, standards and rules of appraisal activities established by a court, an arbitration court in accordance with the established jurisdiction, an arbitration tribunal. A self-regulatory organization of appraisers that has reimbursed losses or property damage has the right of recourse to an expert or experts of a self-regulatory organization of appraisers.
Compensation to the customer of the assessment and (or) a third party for losses or property damage that arise in the cases provided for in this article and are established by a court decision that has entered into legal force, an arbitration court in accordance with the established jurisdiction, an arbitration tribunal, is made at the expense of the compensation fund of the self-regulatory an organization of appraisers, of which an expert or experts are members, in the amount of not more than one million rubles.
The self-regulatory organization of appraisers has the right to establish additional requirements for the property liability of experts of the self-regulatory organization of appraisers.
Article 24.7. Compulsory appraiser's liability insurance contract when carrying out appraisal activities
The object of insurance under the compulsory liability insurance agreement of the appraiser in the course of valuation activities (hereinafter referred to as the compulsory liability insurance agreement) are property interests associated with the risk of liability of the appraiser (policyholder) for obligations arising from damage to the customer who has entered into an agreement for the assessment, and (or ) to third parties.
An insured event under a compulsory liability insurance contract is the fact of damage caused by the actions (inaction) of an appraiser as a result of violation of the requirements of federal appraisal standards, standards and rules of appraisal activities established by a self-regulatory organization of appraisers, established by an effective decision of an arbitration court or recognized by the insurer by the insurer. at the time of damage.
In the event of an insured event, the insurer makes an insurance payment in the amount of real damage caused to the customer and (or) a third party, established by the decision of the arbitration court that entered into legal force, but not more than in the amount of the insured amount under the compulsory liability insurance contract.
The compulsory liability insurance contract is concluded for a period of at least one year, subject to compensation for damage caused during the validity period of the compulsory liability insurance contract during the limitation period established by the legislation of the Russian Federation.
The insurance rate under the compulsory liability insurance contract may be determined by the insurers depending on the length of service of the appraiser, the number of previous insured events and other circumstances affecting the degree of risk of damage.
The compulsory liability insurance contract may provide for the payment by the appraiser of the insurance premium in installments and the terms for the payment of insurance premiums.
The date of payment of the insurance premium (insurance premium) is the day of payment of the insurance premium (insurance premium) in cash to the insurer or the day of transfer of the insurance premium (insurance premium) to the current account of the insurer.
The compulsory liability insurance contract comes into force from the moment the insured pays the first insurance premium, unless otherwise provided by the legislation of the Russian Federation.
Control over the implementation of compulsory liability insurance by its members is carried out by a self-regulatory organization of appraisers, which has the right to establish additional requirements that do not contradict the legislation of the Russian Federation for compulsory liability insurance contracts concluded by members of such a self-regulatory organization of appraisers.
Article 24.8. Compensation Fund of the Self-Regulatory Organization of Appraisers
The compensation fund of a self-regulatory organization of appraisers (hereinafter referred to as the compensation fund) is a separate property owned by a self-regulatory organization of appraisers and initially formed exclusively in cash by compulsory contributions of its members.
It is not allowed to release a member of a self-regulatory organization of appraisers from the obligation to make contributions to the compensation fund, including offsetting his claims against the self-regulatory organization of appraisers.
The basis for the levy on the compensation fund is the fact of the occurrence of an insured event under a compulsory liability insurance contract established by the decision of the arbitration court or recognized by the insurer.
A claim to receive a compensation payment at the expense of a compensation fund may be submitted to a self-regulatory organization of appraisers, the National Council for Appraisal Activities in the event of transferring to it the property that constitutes the compensation fund of a self-regulatory organization of appraisers, only if the following conditions coincide:
to compensate for the damage caused by the appraiser, there are not enough funds received under the compulsory liability insurance contract;
the appraiser refused to satisfy the customer's or a third party's claim for compensation for damage, or the customer or a third party did not receive from him within a reasonable time an answer to the claim.
A claim for damages at the expense of the compensation fund may be filed against the self-regulatory organization of appraisers, of which the appraiser is or was at the time of the damage, to the National Council for Appraisal Activities in the event of transferring to it the property that constitutes the compensation fund of the self-regulatory organization of appraisers, of which the appraiser was a member. the moment of damage.
It is not allowed to make payments at the expense of the compensation fund (including the return to members of the self-regulatory organization of appraisers of their contributions), with the exception of payments provided for by this Federal Law.
The compensation fund cannot be levied on the obligations of the self-regulatory organization of appraisers, as well as on the obligations of the members of the self-regulatory organization of appraisers, if the occurrence of such obligations is not related to the implementation of the type of activity regulated by it.
The amount of compensation payment at the expense of the compensation fund at the request or requirements of customers or third parties to one appraiser for one insured event may not exceed five million rubles.
In the event of liquidation of a non-profit organization that has the status of a self-regulatory organization of appraisers, and (or) exclusion of information about a non-profit organization from the unified state register of self-regulatory organizations of appraisers, the property that constitutes the compensation fund of such an organization shall be transferred to the National Council for Appraisal Activities.
The procedure for placing funds from the compensation fund of a self-regulatory organization of appraisers transferred to the National Council for Appraisal Activity is subject to requirements similar to the requirements for the procedure for placing funds from the compensation fund of a self-regulatory organization of appraisers.
The property constituting the compensation fund of the self-regulatory organization of appraisers and transferred to the National Council for Appraisal Activity, after four years from the date of liquidation of the self-regulatory organization of appraisers and (or) the exclusion of information about the non-profit organization from the unified state register of self-regulatory organizations of appraisers, shall be returned in cash to persons who were members of such a self-regulatory organization, in an amount not exceeding the size of their contributions to the compensation fund of a self-regulatory organization of appraisers, in the manner prescribed by the authorized federal body exercising the functions of normative legal regulation of appraisal activities.
Article 24.9. Conditions and procedure for the placement of funds of the compensation fund
The self-regulating organization of appraisers concludes an agreement on trust management of such a fund with the management company to allocate funds of the compensation fund in order to preserve and increase them.
The management company is obliged to take all necessary actions to prevent violation of the requirements for the placement of compensation fund assets established by this Federal Law and to conclude an agreement with a specialized depository with which an agreement has been concluded by a self-regulatory organization of appraisers.
The specialized depository shall exercise control over the compliance by the management company with the restrictions on the placement of compensation fund resources, the rules for the placement of these funds and the requirements for their placement established by this Federal Law and the investment declaration adopted by the self-regulatory organization of appraisers.
The specialized depository shall notify the self-regulatory organization of appraisers and the authorized federal body exercising the functions of overseeing the activities of self-regulatory organizations of appraisers of all cases of violation of the requirements for the placement of funds of the compensation fund established by this Federal Law.
The management company and the specialized depository are selected based on the results of a competition held in accordance with the procedure established by the internal documents of the self-regulatory organization of appraisers.
The income received from the placement of funds of the compensation fund is directed to replenish this fund and cover the costs associated with ensuring proper conditions for the placement of such funds.
The resources of the compensation fund are allocated by the management company in accordance with the investment declaration adopted by the self-regulatory organization of appraisers, and subject to the restrictions established by this article. Not less than forty percent of these funds must be placed in government securities of the Russian Federation, and not more than forty percent of these funds may be placed in shares of Russian issuers circulating on the organized securities market, created in the form of open joint-stock companies, or shares of mutual investment funds.
It is not allowed to place more than five percent of the compensation fund's resources in shares of one issuer, as well as place the compensation fund's resources in promissory notes, securities not traded on the organized securities market, and foreign securities.
Article 24.10. National Council for Appraisal Activities and other associations of self-regulatory organizations of appraisers
In order to ensure public interests, form unified approaches to the implementation of valuation activities, develop a unified position of appraisers on the regulation of their activities, coordinate the activities of self-regulatory organizations of appraisers, as well as for the purpose of interaction of self-regulatory organizations of appraisers with federal government bodies, government bodies of the constituent entities of the Russian Federation , local self-government bodies and consumers of services in the field of appraisal activities, self-regulatory organizations of appraisers form the National Council.
The National Council is a non-profit organization that was created by self-regulatory organizations of appraisers, registered by an authorized federal body exercising the functions of overseeing the activities of self-regulatory organizations of appraisers, and more than fifty percent of self-regulatory organizations of appraisers are members of which, uniting more than fifty percent of all appraisers.
A non-profit organization that meets the requirements of part two of this article is subject to registration as the National Council after three days from the date of submission to the authorized federal body exercising the functions of overseeing the activities of self-regulatory organizations of appraisers, the following documents:
application for registration as the National Council;
duly certified copies of constituent documents;
copies of applications for membership in a non-profit organization of all its members certified by a non-profit organization.
The main functions of the National Council are:
discussion of issues of state policy in the field of valuation activities;
representing the interests of self-regulatory organizations of appraisers in federal government bodies, government bodies of the constituent entities of the Russian Federation, local government bodies;
formation of proposals on the development of state policy in the field of appraisal activities;
formation of proposals on improving the legal and economic regulation of appraisal activities;
protection of the rights and legitimate interests of self-regulatory organizations of appraisers;
development of federal valuation standards;
preliminary examination of the regulatory legal acts of the Russian Federation governing appraisal activities;
consideration of drafts of normative legal acts of the Russian Federation governing appraisal activities and submission of recommendations for their approval by the authorized federal body exercising the functions of normative legal regulation of appraisal activities;
consideration of educational programs of educational institutions that carry out professional training of specialists in the field of appraisal activities, and recommendation of such programs for approval;
development of professional retraining programs for appraisers;
creation of an all-Russian arbitration court in the field of appraisal activities;
consideration of appeals, petitions, complaints of self-regulatory organizations of appraisers, consumers of services in the field of appraisal activities, appraisers;
formation of a program for the development of federal assessment standards;
placement of funds from the compensation fund of a self-regulatory organization of appraisers transferred to the National Council for Appraisal Activities, in the case established by Article 24.8 of this Federal Law;
return of property that constitutes the compensation fund of the self-regulatory organization of appraisers and transferred to the National Council for Appraisal Activities, in the case established by Article 24.8 of this Federal Law;
formation of the attestation commission of the National Council for appraisal activities in the manner approved by the authorized federal body exercising the functions of legal regulation of appraisal activities;
design and implementation of special software used to conduct a unified qualification exam;
establishment of the size and procedure for collecting fees for taking unified qualification exams in agreement with the authorized federal body exercising the functions of legal regulation of valuation activities;
approval of the plan for conducting unified qualification exams in agreement with the authorized federal body exercising the functions of legal regulation of valuation activities;
maintaining a register of qualification certificates.
To implement the functions established by this Federal Law, a collegial management body is formed in the National Council, which must include one representative from each self-regulatory organization of appraisers that is a member of the National Council.
Not more than twenty-five percent of the composition of the collegial governing body of the National Council should be independent experts, consumers of services in the field of appraisal activities, representatives of the scientific and pedagogical community and other persons who are not members or representatives of members of self-regulatory organizations of appraisers.
The chairman of the collegial governing body of the National Council is elected at its first meeting from among its members.
The chairman of the collegial governing body of the National Council may not be representatives of federal bodies of state power, bodies of state power of the constituent entities of the Russian Federation, bodies of local self-government.
A collegial executive management body is formed in the National Council, the numerical and personal composition of which is approved by the collegial management body of the National Council.
Persons who are members of the collegial executive body of the National Council, as well as its employees, are not entitled to:
establish legal entities that carry out appraisal activities, or be members of the management bodies of such legal entities, their subsidiaries and dependent companies;
conclude employment contracts with members of self-regulatory organizations of appraisers.
Self-regulatory organizations of appraisers have the right to form unions (associations) in accordance with the legislation of the Russian Federation on non-profit organizations.
In addition to appraisers, the SRO includes employees who are not entitled to engage in appraisal activities. It is they who, as part of the controlling body of the SRO, carry out scheduled and unscheduled inspections of appraisers.
Scheduled check cannot last more than thirty days, but is carried out at least once every three years and not more often than once a year. The subject of a scheduled inspection in its most general form is the appraiser's compliance with the legislation on valuation activities, standards, valuation rules, as well as rules of business and professional ethics.
Unscheduled check is narrower, since is carried out on a reasoned complaint, but the SRO has the right to establish for its members other grounds for conducting inspections of this type.
The SRO is authorized to bring appraisers to disciplinary responsibility up to exclusion from the SRO, which means the termination of the appraiser's status.
Vi. Assessment in taxation
The second part of the Tax Code of the Russian Federation quite often mentions various types and methods (procedures) of assessment developed for tax purposes and used directly by the taxpayer.
Varieties of valuation mentioned in the Tax Code of the Russian Federation:
grade(property, inventories, products, works or services, mineral deposits, the value of shares (shares), claims and obligations);
revaluation(property, securities, fixed assets and intangible assets, precious stones, precious metals, depreciation amounts, financial instruments, fixed assets) - in some cases the term "markdown" is used;
reassessment(property in the form of some currency values; liabilities denominated in foreign currency).
Valuation methods mentioned in the Tax Code of the Russian Federation, for the purpose of calculating corporate income tax in relation to raw materials, materials and purchased goods:
a) assessment at the cost of a unit of stock / goods;
b) assessment at the average cost;
c) valuation at the cost of the first in the time of acquisition;
d) valuation at the cost of the latter by the time of acquisition.
For purchased goods, these valuation methods are also used in the simplified taxation system.
Valuation procedures mentioned in the RF Tax Code:
for the purpose of calculating corporate income tax- the procedure for assessing the balance of work in progress, the balance of finished products, goods shipped (Article 319 of the Tax Code of the Russian Federation);
for the purpose of calculating mineral extraction tax- the procedure for assessing the cost of extracted minerals when determining the tax base (Art. 340 of the Tax Code of the Russian Federation).
Types of value mentioned in the Tax Code of the Russian Federation(including the value determined by appraisers):
Estimated, customs, market, residual, initial, restoration, total, cumulative, purchase, average annual, inventory, cadastral.
Vii. Valuation in accounting and reporting
The need for a monetary value.
In accordance with the Law "On Accounting", accounting objects are subject to monetary measurement in rubles. This means that economic entities that are obliged to keep accounting are faced with the need for monetary valuation on a daily basis:
Economic facts;
Assets;
Obligations;
Sources of funding for their activities;
Income;
Expenses;
Other facilities, if established by federal standards.
Types of value in accounting and reporting:
Book, cost, fair, actual, residual, enterprise-specific, recoverable, aggregated, revalued, amortized, nominal, weighted average, added, historical, current, net selling price, market, inventory, contractual, additional.
VIII. Valuation in insurance
Insurance risk assessment.
When concluding a contract, the insurer has the right:
- property insurance
1) inspect this property, 2) appoint an expert examination to establish its actual value;
- personal insurance- to conduct an examination of the insured person to assess the actual state of his health.
Actual value.
This term, as well as the terms "reasonable value", "equivalent value", "real value", are not provided for by the current regulatory legal acts that regulate and standardize valuation activities. In accordance with the rule enshrined in the Law "On appraisal activities in the Russian Federation", in such cases, the market value is determined.
MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION
ORDER
On approval of the Procedure for supervising the activities of self-regulatory organizations of appraisers
Document with changes made:
(Bulletin of normative acts of federal executive bodies, N 12, 19.03.2012).
____________________________________________________________________
In order to implement the provisions of Articles 19 and 24.5 of the Federal Law of July 29, 1998 N 135-FZ "On appraisal activities in the Russian Federation" (Collected Legislation of the Russian Federation, 1998, N 31, Art. 3813; 2002, N 4, Art. 251 ; No. 12, Article 1093; No. 46, Article 4537; 2003, No. 2, Article 167; No. 9, Article 805; 2004, No. 35, Article 3607; 2006, No. 2, Article 172; No. 31, article 3456; 2007, No. 7, article 834; No. 29, article 3482; No. 31, article 4016; 2008, No. 27, article 3126; 2009, No. 19, article 2281; No. 29, Articles 3582, 3618; No. 52, Articles 6419, 6450; 2010, No. 30, Article 3998; 2011, No. 1, Article 43)
I order:
1. To approve the attached Procedure for supervising the activities of self-regulatory organizations of appraisers.
2. Control over the execution of this order shall be entrusted to the head of the Federal Service for State Registration, Cadastre and Cartography, S.V. Vasiliev.
The minister
E.S. Nabiullina
Registered
at the Ministry of Justice
Russian Federation
June 20, 2011
registration N 21069
The procedure for supervising the activities of self-regulatory organizations of appraisers
Appendix
1. This Procedure establishes the rules for supervising the activities of self-regulatory organizations of appraisers (hereinafter referred to as self-regulatory organizations) by the authorized federal executive body exercising the functions of overseeing the activities of self-regulatory organizations of appraisers (hereinafter referred to as the supervisory body).
2. The clause is invalidated from March 30, 2012 - ..
3. The clause has become invalid since March 30, 2012 - order of the Ministry of Economic Development of Russia dated October 7, 2011 N 549 ..
4. Clause has become invalid since March 30, 2012 - order of the Ministry of Economic Development of Russia dated October 7, 2011 N 549 ..
5. Clause has become invalid since March 30, 2012 - order of the Ministry of Economic Development of Russia dated October 7, 2011 N 549 ..
6. The clause has become invalid since March 30, 2012 - order of the Ministry of Economic Development of Russia dated October 7, 2011 N 549 ..
7. The clause has become invalid since March 30, 2012 - order of the Ministry of Economic Development of Russia dated October 7, 2011 N 549 ..
8. The clause has become invalid since March 30, 2012 - order of the Ministry of Economic Development of Russia dated October 7, 2011 N 549 ..
9. Clause has become invalid since March 30, 2012 - order of the Ministry of Economic Development of Russia dated October 7, 2011 N 549 ..
10. When conducting an audit in the form of a documentary audit, the information contained in the documents of a self-regulatory organization is used, which determines its organizational and legal form, rights and obligations, documents used in the implementation of its activities and related to the fulfillment of the requirements established by the Federal Law on Self-Regulatory Organizations, other federal laws and other regulatory legal acts of the Russian Federation.
by order of the Ministry of Economic Development of Russia dated October 7, 2011 N 549.
The self-regulatory organization is obliged to send to the supervisory authority, within ten calendar days from the date of receipt of the request (request) of the supervisory authority for the submission of information and documents related to the subject of documentary verification, the requested information and documents in a way that ensures that the supervisory authority receives such information and documents within five calendar days from the date of their sending.
(The paragraph as amended, entered into force on March 30, 2012 by order of the Ministry of Economic Development of Russia dated October 7, 2011 N 549.
11. All documents, information and information requested by the supervisory authority during documentary audits are submitted by the self-regulatory organization in the form of copies certified by the seal and signature of the head of the self-regulatory organization or a person replacing him, or in the form of electronic documents.
Order of the Ministry of Economic Development of Russia of October 7, 2011 N 549 ..
12. If, during the documentary check, errors and (or) contradictions in the documents submitted by the self-regulatory organization or inconsistency of the information contained in these documents with the information contained in the documents available to the supervisory authority are revealed, information about this is sent to the self-regulatory organization from the requirement to provide the necessary explanations within ten calendar days. In this case, the self-regulatory organization submits additional documents and information confirming the accuracy of previously submitted documents in a way that ensures that the supervisory body receives such documents and information within five calendar days from the date of their submission.
13. Clause is no longer valid since March 30, 2012 - order of the Ministry of Economic Development of Russia dated October 7, 2011 N 549 ..
14. When exercising supervision over the observance by a self-regulatory organization of federal laws and other normative legal acts regulating its activities, the supervisory body checks:
a) compliance of the organizational structure of a self-regulatory organization with the requirements of other federal laws;
b) the constituent documents of a self-regulatory organization, standards and rules for valuation activities, rules of business and professional ethics and other documents of a self-regulatory organization and the compliance of these documents with the legislation of the Russian Federation;
c) the presence of the number of appraisers established by the Federal Law on Appraisal Activities and their compliance with the requirements determined by the Federal Law on Appraisal Activities;
d) maintenance of a register of appraisers by a self-regulatory organization, the reliability of the information specified in it and the timeliness of making changes to it;
e) the existence of a compensation fund, as well as the compliance of the conditions and procedure for the placement and spending of the compensation fund of a self-regulatory organization with the requirements established by the legislation of the Russian Federation;
f) exercise by a self-regulatory organization of control over compliance by its members with the requirements of the Federal Law on Valuation Activity, other federal laws and other regulatory legal acts of the Russian Federation, federal valuation standards, standards and rules for valuation activity, as well as rules of business and professional ethics;
g) application of disciplinary measures against members of a self-regulatory organization as provided for by the Federal Law on Valuation Activity and internal documents of a self-regulatory organization;
h) compliance by a self-regulatory organization with the requirements of the Federal Law on Valuation Activity, the Federal Law on Self-Regulatory Organizations to ensure information transparency of its activities and the activities of its members;
i) fulfillment by a self-regulatory organization of the functions of representing the interests of its members in relations with federal government bodies, government bodies of the constituent entities of the Russian Federation, local government bodies, as well as international professional organizations of appraisers;
j) organization by a self-regulatory organization of information and methodological support for its members;
k) organization of professional retraining of appraisers;
l) implementation by a self-regulatory organization of other functions established by the Federal Law on Valuation Activity, other federal laws.
15. When carrying out systematic monitoring of compliance with mandatory requirements, analysis of documents and information received by the supervisory authority and (or) information about its activities posted on the official website of a self-regulatory organization on the Internet, the supervisory authority:
checks the timeliness, completeness and reliability of documents and information received by the supervisory authority in accordance with the Federal Law on Appraisal Activities, other federal laws and other regulatory legal acts of the Russian Federation;
analyzes the information posted on the official website of a self-regulatory organization on the Internet about its activities and the activities of members of the self-regulatory organization.
The results of systematic monitoring of compliance with mandatory requirements, analysis are used when the supervisory authority conducts scheduled and unscheduled inspections of self-regulatory organizations.
16. When the supervisory authority checks the activities of a self-regulatory organization, the head of the self-regulatory organization or a person replacing him, provides:
free access to administrative buildings and office premises of the self-regulatory organization during the working day;
provision of documents, certificates, if necessary, their copies, as well as giving written explanations on issues related to the subject of the audit.
17. The clause has become invalid since March 30, 2012 - order of the Ministry of Economic Development of Russia dated October 7, 2011 N 549 ..
18. Based on the results of the inspection, an inspection report is drawn up.
The paragraph is excluded from March 30, 2012 - order of the Ministry of Economic Development of Russia of October 7, 2011 N 549 ..
19. When checking the compliance of the organizational structure of a self-regulatory organization with the requirements of the Federal Law on Valuation Activity, other federal laws by the supervisory body in the inspection report, the following information is indicated in the information on the results of the check:
(The paragraph as amended, entered into force on March 30, 2012 by order of the Ministry of Economic Development of Russia dated October 7, 2011 N 549.
compliance with the procedure for the formation of governing bodies and specialized bodies by a self-regulatory organization;
conformity of the structure (including the quantitative and personal composition) and the competence of the governing bodies and other bodies of the self-regulatory organization (the structural unit exercising control over the assessment activities of the members of the self-regulatory organization, the disciplinary committee, the expert council, other bodies and structural units defined by the internal documents of the self-regulatory organization) the requirements of the Federal Law on Valuation Activities and other federal laws.
20. When checking the constituent documents of a self-regulatory organization, standards and rules for appraisal activities, rules of business and professional ethics and other documents for their compliance with the legislation of the Russian Federation by the supervisory authority in the inspection report, the following information is indicated in the information on the results of the check:
(The paragraph as amended, entered into force on March 30, 2012 by order of the Ministry of Economic Development of Russia dated October 7, 2011 N 549.
the presence of changes made to the constituent documents, standards and rules for appraisal activities and other documents of the self-regulatory organization, the timeliness and completeness of information on such changes provided to the supervisory authority;
availability of standards and rules for appraisal activities and their compliance with federal appraisal standards;
the existence of rules of business and professional ethics, rules and conditions for admission to membership in a self-regulatory organization, additional requirements for the procedure for ensuring the property liability of members of a self-regulatory organization, the established amount of membership fees and the procedure for their payment;
the existence of provisions on the disclosure of information of a self-regulatory organization, on membership in a self-regulatory organization, on the procedure for exercising control over the assessment activities of members of a self-regulatory organization, on governing bodies, a disciplinary committee, an expert council, a structural unit exercising control over the assessment activities of members of a self-regulatory organization;
the existence of a procedure for the provision by members of a self-regulatory organization of information necessary for its verification at the request of a self-regulatory organization, as well as a procedure for considering complaints and cases of violations by members of a self-regulatory organization of the requirements of federal laws and other regulatory legal acts of the Russian Federation, federal standards, standards and rules of valuation activities, and See also the rules of business and professional ethics.
21. When checking the presence of the number of appraisers established by the Federal Law on Appraisal Activities - members of a self-regulatory organization, their compliance with the requirements determined by the Federal Law on Appraisal Activities, as well as maintaining a register of appraisers by the self-regulatory organization and the reliability of the information specified therein by the supervisory body in the inspection act in information on the results of the check shall contain the following information:
(The paragraph as amended, entered into force on March 30, 2012 by order of the Ministry of Economic Development of Russia dated October 7, 2011 N 549.
compliance of the number of members of a self-regulatory organization with the requirements of the Federal Law on Appraisal Activities;
compliance of members of a self-regulatory organization with the requirements established by the Federal Law on Valuation Activity and the conditions of membership in a self-regulatory organization approved by the self-regulatory organization;
compliance with the procedure and terms for admitting individuals to members of a self-regulatory organization;
observance of the procedure for maintaining the register of members of a self-regulatory organization, approved by the authorized federal body exercising the functions of legal regulation of valuation activities;
the presence of refusals in admission to membership in a self-regulatory organization and their validity;
compliance with the procedure for terminating membership in a self-regulatory organization, the presence of registration of persons whose membership in a self-regulatory organization has been terminated;
compliance with the procedure for issuing documents confirming membership in a self-regulatory organization, the presence of such documents.
22. When checking the availability of a compensation fund, the compliance of the conditions and procedure for placing and spending funds of the compensation fund of a self-regulatory organization with the requirements established by the legislation of the Russian Federation, the supervisory body in the inspection report shall indicate the following information in the information on the results of the check:
(The paragraph as amended, entered into force on March 30, 2012 by order of the Ministry of Economic Development of Russia dated October 7, 2011 N 549.
compliance of the monetary value of the compensation fund of a self-regulatory organization with the requirements of the Federal Law on Valuation Activities;
compliance with the requirements of the Federal Law on Appraisal Activities on the formation, placement and expenditure of compensation fund resources, including compliance with the requirement to enroll in the compensation fund funds received as a result of imposing a fine on a member of a self-regulatory organization as a disciplinary measure, a prohibition on refund from compensation fund of the contribution made to it upon termination of membership in a self-regulatory organization.
23. When conducting an audit of the implementation by a self-regulatory organization of control over compliance by its members with the requirements of the Federal Law on Valuation Activities, other federal laws and other regulatory legal acts of the Russian Federation, federal valuation standards, standards and rules for valuation activities, rules of business and professional ethics, as well as the application to members of a self-regulatory organization of disciplinary measures provided for by the Federal Law on Appraisal Activities and internal documents of a self-regulatory organization, the supervisory body in the inspection report in the information on the results of the inspection shall indicate the following information:
(The paragraph as amended, entered into force on March 30, 2012 by order of the Ministry of Economic Development of Russia dated October 7, 2011 N 549.
availability and implementation of a plan for verifying compliance by members of a self-regulatory organization with the requirements of the Federal Law on Valuation Activity, other federal laws and other regulatory legal acts of the Russian Federation, federal valuation standards, standards and rules for valuation activities, rules of business and professional ethics;
observance of the term and frequency of scheduled inspections of members of the self-regulatory organization;
the existence of a record of appeals (complaints) received by the self-regulatory organization regarding the actions of the members of the self-regulatory organization and the observance of the procedure for their consideration (invitation to the meetings of the disciplinary committee of the persons who sent the complaints, members of the self-regulatory organization, in respect of which cases on the application of disciplinary sanctions are considered, etc. );
conducting unscheduled inspections of the activities of members of a self-regulatory organization;
the presence of acts on the conducted inspections of the activities of the members of the self-regulatory organization and decisions taken based on the results of the inspections;
the availability of decisions of the disciplinary committee on the submitted materials of inspections, the timeliness of sending copies of such decisions to members of the self-regulatory organization and the persons who sent complaints on which decisions were made;
control of a self-regulatory organization over the implementation by its members of decisions made based on the results of inspections on the application of disciplinary measures to them;
analysis of the activities of its members by a self-regulatory organization on the basis of information provided by them in the form of reports in the manner prescribed by the charter of a self-regulatory organization or other document approved by a decision of the general meeting of members of a self-regulatory organization;
ensuring control over the implementation by members of a self-regulatory organization of compulsory insurance of their professional liability.
24. When carrying out an inspection of the provision by a self-regulatory organization of information transparency of its activities and the activities of its members, as well as the performance by a self-regulatory organization of the functions of representing the interests of its members in relations with federal government bodies, government bodies of the constituent entities of the Russian Federation, local government bodies, international professional organizations of appraisers in accordance with the requirements of the Federal Law on Appraisal Activities, the Federal Law on Self-Regulatory Organizations by the supervisory authority in the inspection report, the following information is indicated in the information on the results of the inspection:
(The paragraph as amended, entered into force on March 30, 2012 by order of the Ministry of Economic Development of Russia dated October 7, 2011 N 549.
the presence of facts of representation by a self-regulatory organization of the interests of its members in their relations with public authorities at all levels, as well as international professional organizations of appraisers;
the timeliness of providing interested parties with the information contained in the register of appraisers in the manner prescribed by the authorized federal body exercising the functions of normative legal regulation of appraisal activities, and the availability of accounting for the information issued;
timeliness of sending the information on termination of membership in a self-regulatory organization established by the Federal Law on Valuation Activities to persons;
availability, completeness and accessibility for interested persons of information posted on the official website of the self-regulatory organization on the Internet;
submission to the supervisory body of information on the planned and carried out by the self-regulatory organization of inspections of the activities of its members and on the results of these inspections.
25. When conducting an inspection of the organization by a self-regulatory organization of information and methodological support of its members, as well as professional retraining of appraisers by the oversight body in the inspection report, the following information is indicated in the information on the results of the inspection:
(The paragraph as amended, entered into force on March 30, 2012 by order of the Ministry of Economic Development of Russia dated October 7, 2011 N 549.
availability of documents indicating the familiarization of the members of the self-regulatory organization with the documents prepared and adopted by the self-regulatory organization;
providing methodological assistance to appraisers;
organization for members of the self-regulatory organization of seminars, conferences and other training events.
26. In case of non-fulfillment (improper fulfillment) by the self-regulatory organization of its obligations to assist in the inspection, as well as the refusal of the head of the self-regulatory organization or a person replacing him, from receiving a notice of the inspection (opposition to the inspection) within a period not exceeding one day, the the act on counteraction to the inspection.
The act on counteraction to the inspection is drawn up on paper in two copies, signed by an official of the supervisory authority, stitched with the decision of the supervisory authority to conduct an audit and handed over to the head of the self-regulatory organization or a person replacing him, on receipt of familiarization or refusal to familiarize with the act on counteraction to the inspection.
The act on counteraction to the inspection is sent by registered mail with a return receipt, which is attached to a copy of the act on counteraction to the inspection, stored in the supervisory authority's file, or in another way that provides confirmation of the receipt by the self-regulatory organization of the specified act no later than five calendar days from the moment of its directions:
when carrying out documentary verification;
in the absence of the head of a self-regulatory organization or a person replacing him;
in case of refusal of the head of a self-regulatory organization or a person replacing him, to give a receipt for familiarization or refusal to familiarize himself with the act on counteraction to the inspection.
27. Self-regulatory organizations are obliged to keep a register of inspections.
The audit log must be stitched, numbered and certified by the seal of the self-regulatory organization.
28. The clause became invalid from March 30, 2012 - order of the Ministry of Economic Development of Russia dated October 7, 2011 N 549 ..
29. The self-regulatory organization, the inspection of which was carried out, in case of disagreement with the facts, conclusions, proposals set out in the inspection report, stated in the inspection report, or with an issued order to eliminate the identified violations within fifteen calendar days from the date of receipt of the inspection report, has the right to submit to the authority on supervision in writing objections to the inspection report as a whole or its individual provisions with the attachment of documents (their certified copies) confirming the validity of such objections.
..
34. The self-regulatory organization, within the time period established in the order, eliminates the violations identified by the inspection and sends to the supervisory authority a report on the elimination of violations with the attachment of supporting documents in a way that ensures that the supervisory authority receives the said report no later than five calendar days from the moment of its sending.
35. The order of the authorized federal body exercising the functions of overseeing the activities of self-regulatory organizations of appraisers, to eliminate the revealed violations, may be appealed by the self-regulatory organization of appraisers to an arbitration court.
________________..
38. In the event that a self-regulatory organization independently revealed its non-compliance with the requirements of part three of Article 22 of the Federal Law on Appraisal Activities and sent a written statement to the supervisory authority about the revealed discrepancy with its description, indicating information about the date of its occurrence and about the accepted and ( or) the planned measures to eliminate it, then the supervisory body, within two months after receiving it, is not entitled to submit to the court an application for the exclusion of information about a self-regulatory organization from the unified state register of self-regulatory organizations of appraisers on the basis specified in the application.
Failure by the self-regulatory organization to submit evidence of the elimination of the revealed discrepancy to the supervisory authority after the expiration of the specified period is the basis for the supervisory authority's appeal to the arbitration court with a statement to exclude information about the self-regulatory organization from the unified state register of self-regulatory organizations of appraisers.
Document revision taking into account
changes and additions prepared
JSC "Codex"
Loading...
