Circumstances subject to proof when challenging the results of determining the cadastral value
Software related cases [parties](/enc/31941/ "Definition of the term «Parties» in the legal encyclopedia) involved in the case must prove the circumstances they refer to in support of their claims and objections.
The obligation to prove the inaccuracy of information about the real estate object used in determining its cadastral value, as well as the amount of market value established as cadastral, lies with the applicant (administrative plaintiff) (paragraph 5 of Article 247 and paragraph 1 of Article 248 of the Russian Code of Administrative Procedure).
If the interested party (administrative respondent) objects to the satisfaction of the application, it must prove the accuracy of information regarding the object used in determining its cadastral value, the inaccuracy of information regarding the amount of market value presented by the applicant, as well as other circumstances confirming its arguments.
In this case, if the court has doubts regarding the validity of the applicant's (administrative plaintiff) arguments, these circumstances are submitted for discussion, even if the interested party (administrative respondent) did not refer to them (Article 62 of the Code of Administrative Procedure of the Russian Federation).
The Parties may also resolve a dispute regarding the reconsideration of the cadastral value by concluding a settlement agreement based on evidence in the case (for example, one of the appraisal reports on real estate objects submitted by the parties), which must include the terms of settlement as well as the order of allocation of court costs (Part 4 of Article 46, Article 137 of the Russian Federation Code of Administrative Procedure (RF CAP)).