Judicial expertise regarding the case of challenging the results of determining the cadastral value of real estate
In the event that questions arise requiring specialized knowledge in appraisal activities, court upon the application of a party participating in the case or upon its own initiative orders an expert examination, specifying the scope of questions to be resolved during its conduct (Articles 77 and 78 of the Code of Administrative Procedure of the Russian Federation (RF CAP)).
Taking into account that the result of the appraisal is the cost determined in the appraisal report, the expertise should be aimed at determining the market value of the real estate object and include a check of the report for compliance with the requirements of legislation on appraisal activities (Articles 12 and 13 of the Law on Appraisal Activities).
The Court may ask the expert questions regarding the establishment of market value, as well as whether the appraiser committed a violation of requirements set forth by federal appraisal standards, including those relating to the form and content of the report, description of the subject of appraisal, methods for calculating the market value of a specific object of appraisal, and other violations that could have affected the determination of the final amount of market value, including whether factors influencing the value of real estate were properly identified, and whether errors were made in
In the performance of mathematical operations, is the information information used by the appraiser reliable, sufficient, verifiable.