Order of Distribution of Court Costs in Cases Challenging the Results of Cadastral Value Determination
Taking into account that Chapter 25 of the Code of Civil Procedure of the Russian Federation does not establish any particularities of judicial distribution expenses on cases concerning dispute results definitions of cadastral value, the issue of judicial expenses incurred by the applicant, administrative plaintiff, interested party, administrative defendant is resolved in accordance with the rules of chapter Article 10 of the Code of Administrative Procedure of the Russian Federation
When satisfying claims regarding establishing the market value of real estate, judicial [expenses](/enc/11056/ "Definition of the term «Expenses» in the legal encyclopedia) are recovered from the authority that approved the results of the cadastral value determination.
At the same time, in cases where satisfaction of such claims reduces to the realization in court proceedings of the applicant's right to establish the cadastral value at the level of market price, which is not disputed by the interested party involved in the case, administrative defendant neither by grounds of occurrence, nor by content (including the size of market value), court [expenses](/enc/11056/ "Definition of the term «Expenses» in the legal encyclopedia) are attributed to the applicant,
administrative plaintiff, since the court's decision court regarding the relevant case cannot be regarded as adopted against an interested party, the administrative defendant, who does not have opposing legal interests with the applicant, the administrative plaintiff.
In the event that the requirements to challenge the results of determining the cadastre value are satisfied on the grounds of inaccuracy of information regarding the valuation object, including in connection with correction of a cadastre error in the data, judicial expenses are recovered from the body that approved the results of the state cadastre valuation.
If cadastral value was revised due to a technical error in the information about the object being assessed, judicial expenses are charged to the body that made such an error.
When the requirements for challenging the decision or actions (inaction) of the Commission are satisfied, judicial expenses are recovered from the state agency under which it was established, from the budget of the Russian Federation (paragraph four of Article 24.18 of the Law on Appraisal Activities).