The above rule does not apply to cases where the assessment of the debtor’s property is carried out at so-called regulated prices. Regulated prices are set on the domestic market of Russia in accordance with Presidential Decree No. 221 of February 28, 1995 “On Measures to Streamline State Regulation of Prices (Tariffs)” 1 and Resolution of the Government of the Russian Federation of March 7, 1995 No. 239 “On Measures to streamlining state regulation of prices (tariffs) ” 2 .

In accordance with these legal acts, regulated prices are set for the following property:

  • Nuclear fuel cycle products;
  • Electric and thermal energy generated by organizations supplying electric energy to the wholesale market;
  • Defense products;
  • Rough diamonds, precious stones;
  • Prosthetic and orthopedic products;
  • vodka, alcoholic beverage and other alcoholic beverages with a strength of over 28%, produced in the territory of the Russian Federation or imported into the customs territory of the Russian Federation;
  • Ethyl alcohol from food raw materials produced in the territory of the Russian Federation;
  • Drugs included in the list of vital and essential drugs;
  • solid fuel, domestic stove fuel and kerosene sold to citizens, managing organizations, homeowner associations, housing, housing construction or other specialized consumer cooperatives created to meet the housing needs of citizens.

Subject of an assessment of property of the debtor:

In accordance with Part 1 of Art. 85 of the Law on Enforcement Proceedings, the assessment of the property of the debtor, which is levied, is made by the bailiff at market prices, unless otherwise provided by the legislation of the Russian Federation.

However, the Law contains a rather large list of exceptions, in the presence of which the bailiff must, within one month from the date of discovery of the property of the debtor, involve an appraiser for evaluation. So, according to Part 2 of Art. 85 of the Law on Enforcement Procedure, a bailiff must, within one month from the date of discovery of the property of a debtor, involve an appraiser to:

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  • Real estate;
  • Securities that are not traded on the organized securities market (with the exception of open-end and interval investment units of mutual funds);
  • Property rights (with the exception of receivables not sold at auction); [352] [353]
  • Precious metals and precious stones, products from them, as well as scrap of such products;
  • Collection banknotes in rubles and foreign currency;
  • Items of historical or artistic value;
  • Things, the cost of which, according to preliminary estimates, exceeds 30 thousand rubles.

In addition, according to Part 3 of Art. 85 of the same law bailiff

Also obliged to involve an appraiser for property valuation if the debtor or recovered does not agree with the property valuation made by the bailiff. The party of the enforcement proceedings challenging the property valuation made by the bailiff shall bear the costs of attracting an appraiser.

If the bailiff is obliged to involve an appraiser to evaluate a particular thing or property right, then the bailiff:

  • in the act (inventory of property) indicates the approximate value of a thing or property right and makes a note about the preliminary nature of the assessment;
  • appoints a specialist from among the appraisers selected in the prescribed manner;
  • Make a decision on the valuation of a thing or property right no later than three days from the date of receiving the appraiser’s report.

Thus, the bailiff, depending on the circumstances of the case, determines either the total cost of the debtor’s property seized or the preliminary (approximate) cost with its subsequent adjustment by the appraiser.

 Appointment of appraiser:

The decision of the bailiff on the appointment of a specialist appraiser shall be drawn up by order.

Along with the general data, the decree shall include: surname, name, patronymic of the specialist place of registration; information about the documents confirming his professional qualifications.

In addition, the specialist is warned about the responsibility established by the legislation for refusal or evasion from giving an opinion or giving a knowingly false conclusion 1 .

As we see, a specialist may not be any person, but only one who has the proper qualifications.

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