Thus, relations arising in connection with the establishment of property value are within the scope of regulation of the Federal Law “On appraisal activity in the Russian Federation”, according to which appraisal activity refers The definition of the market price involves a completely different subject and research methods. In determining the market price, the subject of the research is not a specific property and its consumer utility (in order to establish a monetary valuation, i.e. value), but a number of transactions for the sale of identical (homogeneous) property in the market (for the purpose of comparing prices and determining the market value). The subject is an open market and transactions executed on it with identical (homogeneous) property; in this case, the method of comparison is used predominantly (besides, the method of price of subsequent sale, etc.) can also be used.
With all the attractiveness of such an approach First, as already noted, the Law on Enforcement Proceedings gives the bailiff the right to evaluate property, which means that the latter, by virtue of direct indication of the law and official position, is the subject of valuation activity.
Secondly, being the subject of valuation activity, the bailiff must be guided by the Federal Law “On appraisal activity in the Russian Federation” and federal appraisal standards.
Thirdly, the Law on Enforcement Proceedings does not establish the procedure, rules for conducting and requirements for the process and the result of the assessment carried out by the bailiff. Such rules and requirements are established only by the Federal Law “On appraisal activity in the Russian Federation” and federal standards of appraisal. The refusal of their application entails a complete lack of regulation of the relations of evaluation in the enforcement proceedings and the inevitable violation of the rights and legitimate interests of the parties.
Fourth, by imposing an arrest on the debtor’s property and preparing it for enforcement, the bailiff must determine the value of It is necessary to take into account, among other things, the improvements and deteriorations of a particular property that affect its price.
Thus, the subject of the study of the bailiff is not the market and the transactions made on it with identical (homogeneous) property, but the specific property, its consumer properties, its value, which is established, among other things, by its correlation with other analogues, i.e. through a comparative assessment approach.
Fifth, the subject of arrest and evaluation (including provisional) may be property that has no analogues, or property, reliable information about transactions with analogues of which or their characteristics may be unknown or inaccessible to the bailiff. In this case, the property is also subject to valuation, but using other approaches.
Thus, the bailiff in the process of valuation of the debtor’s property must determine the market value of the debtor’s property for its subsequent sale at the market price.
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The market value of the debtor’s property:
According to Art. 3 of the Federal Law “On appraisal activity in the Russian Federation”, the market value of the appraisal object is the most likely price at which the appraisable object can be alienated on in a competitive environment- One of the parties to the transaction is not obliged to dispose of the object of evaluation, and the other party is not obliged to accept execution;
Parties to the transaction are well aware of the subject of the transaction and act in their own interests;
The object of valuation is represented on by means of a public offer, typical for similar objects of valuation;
The price of the transaction represents a reasonable remuneration for the object of evaluation and coercion to make a transaction with respect to the parties to the transaction with any party;
Payment for the property being valued is expressed in cash.
It should be noted that in theory and judicial practice on the issue of determining the market price in the enforcement proceedings there were different points of view. These include the following:
1) The market value in the enforcement proceedings should be defined as the liquidation value. Liquidation value means a calculated value reflecting the most likely price at which a given object of valuation can be alienated during the exposure period of the appraised object, which is less than the typical exposure period for market conditions, in conditions when the seller is forced to make a transaction for the alienation of property. In determining the liquidation value, as opposed to determining the market value, the effect of extraordinary circumstances is taken into account, forcing the seller to sell the object of valuation under conditions that do not correspond to market values. It should be noted that the determination of the liquidation value is fully consistent with the conditions for the implementation of the object of evaluation in the framework of the enforcement proceedings;
– Defense products;
– Rough diamonds, precious stones;
– Prosthetic and orthopedic products;
– vodka, distillery 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;