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26 07 / 17

AUTHORITIES HAVE ALLOWED REDUCING A CADASTRAL COST OF REAL PROPERTY. WHAT RUSSIAN PEOPLE SHOULD EXPECT AFTER THESE CHANGES?

 On the 19th of july the State Duma in a third reading have adopted a law , that empowers authorities of Moscow, Sevastopol and St.Petersburg to contest a cadastral cost of a land, when it was redused by insistence of an owner. An expert, advocate of PARADIGMA company Ruslan Petruchak have presented his comments on publication in «Svobodnaya Pressa».

The whole material you can find by the following link.

"The bill was prepared with an aim to realize a Ruling of Constitutional Court of Russian Federation dated at 05.07.2016 N 15-P "On case of revision of contradiction to Constitution of provision stated in part 1 of an article 24.18 of Federal Law "About valuation activities in Russian Federation" in relation with a claim of municipal administration of Bratsk city". Therefore, an adoption of such amendments is legally necessary, because the Constitutional Court have indicated this problem.

I suppose that amendments will not have a significant influence on the real estate market, because the application of new provisions on contestation will occur rarely. These will be cases with large plots of land in a countryside under which huge enterprises are or were earlier situated. Of course, that is not about total contestation. I do not think that it is possible, that mentioned amendments could be aimed to struggle with situations when owners of land have succeeded in contestation of cadastral cost and reducing it to market price using illegal methods, since there are independent courts in our country, which are divided from legislative and executive bodies. We do not have a problem like that. Number of cases, in which owners of land have achieved significant decrease of amounts of tax payments, is not big. Such court decisions are not widespread.

I don`t think, that amendments will cause corruption and collusion between governmental bodies. Every governmental body has his own functions and provisions. You can find out that a number of cases in which one governmental body claims for cancellation of other's decision, is quite big. That means that there is no conspiracy on existence of easier procedures between governmental bodies in comparison with standard ones. For example, governmental body has to provide the same list of documents as any other claimants, including commercial organizations, to register ownership on real property. There is no priority in such circumstances». 

Svobodnaya Pressa