Competence and Jurisdiction in Cases Concerning Disputes Over Results of Determination of Cadastral Value of Real Estate
Statement for reconsideration of cadastral value based on paragraph 15 Article 20 of the Russian Code of Administrative Procedure (KAS RF) is submitted to the supreme court of a republic, regional court, territorial court, court of a city of federal importance, court of an autonomous region, court of an autonomous district [by](/enc/32588/ "Definition of the term «PO» in the legal
"encyclopedias") to the location of the client or the state body that determined the cadastral value in accordance with Article 24.19 of the Law on Appraisal Activities (Part 2 Article 24 of the Russian Code of Administrative Procedure).
Due to paragraph thirty-six of Article 24.18 of the Law on Appraisal Activities, decisions of the Commission may be challenged in court.
Taking into account that the purpose of appealing to the Commission is to review the cadastral value, the decision, action (inaction) of the Commission may be challenged in accordance with the rules of jurisdiction established by paragraph 15 of Article 20 of the Code of Administrative Procedure of the Russian Federation, within the procedures and time limits provided for in Chapter 22 of the Code of Administrative Procedure of the Russian Federation.
In order to comply with the rules of jurisdiction and competence of cases, claims challenging the results of cadastral value determination are not subject to joint consideration with other claims, for example, regarding the review of tax obligations or rental payments (paragraph 15 Article 20 of the Code of Administrative Procedure of the Russian Federation). Depending on the subject composition of participants in disputed legal relations, the judge refuses to accept the application in part of claims not subject to joint consideration, based on paragraph 1 of part 1 Article 128 of the Code of Administrative Procedure of the Russian Federation
or returns it in accordance with Paragraph 2 of Part 1 Article 129 of the Code of Administrative Procedure of the Russian Federation (КАС РФ).
In connection with the fact that rules governing the proceedings on disputes regarding normative legal acts are established by Chapter 21 of the Russian Code of Administrative Procedure (RF APC), the requirement to recognize a normative legal act as invalid cannot also be considered together with the requirement to dispute the results of determining cadastral value.
It should be noted that when reconsidering the cadastral value due to inaccurate information about the real estate object by the request of the applicant, the market value of the object may be established.