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Terms for considering and resolving administrative cases concerning the contestation of the results of determining the cadastral value of real estate


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According to paragraph 1 of Article 24.12 of the Law on Valuation Activities, state cadastral valuation is conducted at the decision of an executive body of state authority of a subject of the Russian Federation or, in cases established by legislation of a subject of the Russian Federation, at the decision of a local self-government body no more frequently than once every three years (in cities of federal significance no more frequently than once every two years) and no less frequently than once every five years from the date on which the state cadastral valuation was conducted.

Due to the period established by law for conducting state cadastral valuation, a claim for reconsideration of the cadastral value may be filed in court not later than five years from the date of entry into the state cadastre of real estate of the disputed results of determining the cadastral value, provided that at the time of filing the claim in court, no subsequent results of determining the cadastral value have been entered into the state cadastre of real estate or information related to changes in qualitative or quantitative characteristics of the real estate object which caused a change in its cadastral value (part 3 of Article 245 of the Code of Administrative Procedure of the Russian Federation).

Missing this deadline is not a basis for refusing to accept the claim. If, after the period established by law, no subsequent results of determining the cadastral value have been entered into the state cadastre of real estate, the time limit for filing a claim in court for reconsideration of the cadastral value may be restored.

Since issues regarding compliance with the deadline for filing a lawsuit pertain to the essence of the case, reasons for missing the deadline are examined during the court hearing, and conclusions on its restoration or refusal to restore it, pursuant to part 5 of Article 180 of the Code of Administrative Procedure of the Russian Federation, must be included in the court's decision.

Decisions and actions (inaction) of the Commission may be contested within the period established by part 1 of Article 219 of the Code of Administrative Procedure of the Russian Federation.

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