Judicial review by the court of an administrative claim in cases concerning the challenge of the results of determining the cadastral value of real estate
When accepting a claim for reconsideration of cadastral value for consideration, the court checks its compliance with the requirements of articles 125, 126, and paragraphs 1-3 of article 246 of the Russian Code of Administrative Procedure.
The preliminary procedure established by paragraph 1 of article 24.18 of the Law on Valuation Activities for legal entities, state authorities, and local self-government bodies to submit an application to the Commission constitutes a pre-litigation dispute resolution procedure. In this regard, documents confirming compliance with this procedure must be attached to the claim challenging the results of cadastral value determination.
Compliance with the pre-litigation procedure is evidenced by the Commission's decision to refuse satisfaction of the claim for reconsideration of cadastral value or documents confirming submission of the application to the Commission and its failure to consider it within the time limit stipulated by law.
If the application was not accepted by the Commission for consideration (for example, due to absence of a report on market value or title documents), such an appeal does not confirm compliance with the pre-litigation dispute resolution procedure.
Choose a reaction, rate the material, and tell us what could be improved.