Documents attached to the administrative lawsuit application for challenging the results of determining the cadastral value of real estate

According to Article 126 of the Code of Administrative Procedure of the Russian Federation, the following documents are attached to the administrative claim:

1. notifications of service or other documents confirming service to other parties involved in the case, sent in accordance with paragraph 7 of Article 125 of this Code, copies of the administrative complaint and attached documents which they do not have. In the event that copies of the administrative complaint and attached documents were not sent to other parties involved in the case, the [court](/enc/31724/ "Definition of the term «Court» in the legal encyclopedia) shall be submitted copies of the complaint and documents in a number corresponding to the number of administrative respondents and interested parties, and if necessary also

copies for the prosecutor;

2. document, confirming payment of the state fee in the established order and size or the right to receive an exemption under payment of the state fee, or a petition for granting a deferment, installment, or reduction of the amount of the state fee with attached documents proving the existence of grounds for this;

3. documents confirming the circumstances on which the administrative plaintiff bases its claims, provided that the administrative plaintiff is not exempt from proving any of these circumstances in this category of administrative cases;

4. document, confirming the presence of higher legal education in the citizen who is an administrative plaintiff and intends to personally conduct the administrative case, regarding which the current Code provides for mandatory participation of a representative;

5. power of attorney or other documents confirming the authority of the administrative claimant's representative, document confirming that the representative has higher legal education, if the administrative claim statement is submitted by a representative;

6. documents confirming compliance by the administrative plaintiff with the pre-trial procedure for resolving administrative disputes, if this procedure is established by federal law; or documents containing information about a complaint submitted under the subordination order and the results of its consideration, provided that such a complaint was filed;

7. other documents in cases where their appendix is provided for by the provisions of this Code defining the peculiarities of proceedings in relation to certain categories of administrative cases.

2. Documents attached to the administrative complaint may be submitted to the court in electronic form.

According to paragraph 2 of Article 246 of the Russian Code of Administrative Procedure (КАС РФ), in addition to the documents specified in Article 126 of the Russian Code of Administrative Procedure (КАС РФ), the administrative lawsuit application is accompanied by:

1. a cadastral certificate on the cadastral value of the real estate object, containing information about the disputed results of determining the cadastral value;

2. a notarially certified copy of a title-deed or title-confirmation document for object real estate in the case where an application for reconsideration of cadastral value is submitted by a person having rights to object real estate;

3. documents confirming the inaccuracy of information regarding the real estate object used in determining its cadastral value, in the case where application for reassessment of cadastral value is submitted on the basis of inaccuracy of the aforementioned information;

4. a report prepared on paper medium and in the form of an electronic document, in the case where application for reassessment of cadastral value is submitted on the basis of establishing the market value of the real estate object;

5. positive expert conclusion on paper medium and in the form of an electronic document, prepared by an expert or experts of a self-regulating organization of appraisers, a member of which is the appraiser who prepared the report, confirming that the appraisal report on the market value of the appraised object meets the requirements of Russian Federation legislation on appraisal activities, federal appraisal standards, and other acts of the authorized federal body responsible for regulating appraisal activities, as well as the requirements of the standards and rules

of appraisal activities by such self-regulating organization of appraisers in cases established by this authorized federal body;

6. documents and materials confirming compliance with the pre-trial dispute resolution procedure established by federal law, except in the case where the administrative claim is submitted by a citizen.

3. Other documents and materials confirming the claims of the administrative plaintiff may be attached to the administrative claim.

4. If the provisions of paragraphs 1 and 2 of this article judge are not complied with, the judge issues an order to leave the administrative claim without movement in accordance with Article 130 of the Russian Code of Administrative Procedure (RF APC), notifies the administrative plaintiff thereof, and sets a reasonable period for rectifying deficiencies.

5. In the event that the defects serving as grounds for leaving the administrative complaint without motion have not been eliminated within the established period, the judge issues a ruling on returning the administrative complaint together with all documents attached to it, based on Article 129 of the Russian Code of Administrative Procedure (RF APC).

To the statement challenging the results of determining the cadastral value, the following documents must be attached in particular (article 126, parts 2, 3 article 246 of the Code of Administrative Procedure of the Russian Federation):

• cadastral certificate on the cadastral value of real estate containing information on disputed results of determining the cadastral value, as well as information on the date as of which the cadastral value of real estate is determined (the information on the date may also be contained in the report on the determination of the cadastral value, prepared based on the results

• notarially certified copy of a title or registration document for object real estate, in cases where an application to revise the cadastral value is submitted by a person possessing rights to object real estate.

If an application for reconsideration of the cadastre value is submitted in connection with unreliable information about the real estate object used in determining its cadastre value, applicant also submits documents and other information, including those confirming the presence of a cadastre and (or) technical error.

When submitting an application to determine the market value of a real estate object, due to the interrelated provisions of paragraph 4 and 5 of part 2 of Article 246 and paragraph 2 of part 1 Article 248 of the Code of Administrative Procedure of the Russian Federation (KAS RF) a necessary document is a report prepared on the date as of which the cadastral value of the real estate object was determined, as well as a positive expert conclusion prepared by an expert or experts from a self-regulating organization of appraisers.

"encyclopedias") in cases established by the authorized federal body responsible for normative and legal regulation of appraisal activities.

The absence of the aforementioned documents is grounds for leaving the application without movement in accordance with Article 130 of the Russian Code of Civil Procedure (RF CPC), and in the event that the deficiencies indicated in the judge's ruling are not rectified, it is grounds for returning the application (paragraph 7 of part 1 Article 129 RF CPC, parts 4 and 5 Article 246 RF CPC).

If the fact of the absence of necessary documents, including an appraisal report dated as of the date on which the cadastral value of the real estate object was determined and (or) the expert opinion of a self-regulating organization regarding this report, is established during the consideration of the case, the court grants the administrative claimant a deadline to rectify the violations, and if they are not rectified, on the basis of paragraph 5 of part 1 of Article 196 of the Russian Code of Administrative Procedure leaves the application without consideration.

consider