(Unofficial translation)

 

Edict of the President of the Republic of Belarus

No 615 of October 13, 2006

[Amended as of June 7, 2018]

On valuation activity in the Republic of Belarus

 

With a view of regulating valuation activity, ensuring rights and legal interests of citizen and legal person when holding value appraisal of civil rights objects, protecting economic interests of the Republic of Belarus and its administrative and territorial units:

1. To establish that:

1.1. The President of the Republic of Belarus determines the state policy in the sphere of valuation activity in the Republic of Belarus;

1.2. The Council of Ministers of the Republic of Belarus:

realizes the state policy in the sphere of valuation activity in the Republic of Belarus, exercises control over activity of republic bodies of state administration in that sphere;

determines methods of value appraisal of civil rights objects when making certain kinds of transactions with them and/or other legally meaningful actions in accordance with legislative acts, unless otherwise provided for by the President of the Republic of Belarus;

1.3. The State Committee on Property:

maintains the state register of appraisers;

represents the interests of the Republic of Belarus in international organizations on issues of value appraisal of civil rights objects;

adopts normative legal acts in the area of value appraisal civil law objects in accordance with this Edict;

ensures interaction and coordination of republican bodies of state administration and other state organizations subordinated to the Government of the Republic of Belarus in the area of valuation activity;

approves the Rules of professional ethics of the appraiser;

exercises other powers in the sphere of value appraisal of civil rights objects in accordance with the legislation;

1.4. for performing value appraisal of civil rights objects, the individual entrepreneurs or employees of an individual entrepreneurs or a legal person, performing valuation activity, are subject to attestation in the order determined by  the Council of Ministers of the Republic of Belarus;

1.5. independent value appraisal of state property for making transactions and/or other legally meaningful actions with it are performed by state organizations in the statutory fund of which the state property makes more than 50 percent, which carry out valuation activity, and also by organizations created by the Belarusian Industry and Trade Chamber, according to the Annex;

1.6. transactions with civil rights objects, performed without their value appraisal obligatoriness of which is established by the legislation are deemed to be invalid;

1.7. [ineffective]

1.8. this Edict does not cover:

appraisal of movable and immovable property in relation with insurance;

appraisal of property seized, arrested and also of confiscated according to a sentence (resolution) of the court or converted in income of the state otherwise; property  upon which the execution is levied at the account of a tax obligation non-fulfilled, penalty interest unpaid, and property released from arrest by the body conducting criminal proceedings, with the exception of determining the market value of that property by an expert - appraiser* in accordance with the legislation regulating relations connected with  record keeping, storage, appraisal, realization or other use of such property;

______________________________

*For the purposes of this Edict the term "expert-appraiser" is used in the meaning determined in clause 2 of the Regulations on the order of record keeping, storage, appraisal and realization of the property seized, arrested or converted in income of the state, approved by Edict of the President of the Republic of Belarus of February 19, 2016 No. 63 "On improvement of work with the property seized, arrested or converted in income of the state".

appraisal of state property in the process of privatization, with the exception of the independent appraisal of its market value, including dwelling premises of the state housing fund;

Appraisal of property intended for military purposes, arms and ammunition of all kinds, and also of material resources being released of Armed Forces, other troops, military formations and paramilitary organizations of the Republic of Belarus;

appraisal of property being carrier of state secrets;

appraisal of value of material historic and cultural valuables or cultural valuables, constituting the library fund of the Republic of Belarus, National Archive Fund of the Republic of Belarus or included in the Museum Fund of the Republic of Belarus, and also those presented in the established order for granting them the status of historic and cultural valuables, with the exception of the independent appraisal of the value of immovable material historic-cultural valuables belonging to the natural persons for the purposes of computation of the tax in immovable property;

appraisal of precious metals and/or of precious stones and articles thereof;

preliminary appraisal by customs bodies of goods seized, arrested, detained, and also of those released in accordance with the customs procedure of  rejection in favour of the state ;

appraisal of the arrested property, revaluation of property, being carried out by the a court executioner in the manner established by the legislation on enforcement proceedings;

value appraisal of assets and liabilities when accepting them for accounting (with the exception of independent appraisal of excess of assets detected as a result of the inventory and assets received gratuitously);

reappraisal of fixed assets, income-bearing investments in material assets, equipment to be installed, with the exception of reappraisal of fixed assets, income-bearing investments in material assets, equipment to be installed by the method of direct appraisal with engagement of legal persons and individual entrepreneurs carrying out the valuation activity;

value appraisal of the property being declared in accordance with the legislative acts on declaring of incomes and property by natural persons;

appraisal of the value of objects of civil rights when carrying out forensic activities, as well as when conducting expert examinations (research), expert examinations by the State Committee of Forensic Examinations (hereinafter - conducting examinations), with the exception of the requirements established in sub-clauses 1.81 and 1.9 of this clause;

appraisal of property in other cases provided for by the legislative acts;

1.81. issues of appraisal of enterprises as property complexes, stakes in statutory funds of legal persons, securities and property rights thereon, objects of intellectual property and property rights thereon arising when carrying out forensic activities, as well as when conducting examinations, are resolved by experts attested for the right to conduct an independent appraisal of the relevant type of objects of civil rights;

1.9. when carrying out forensic activities, as well as when conducting expert examinations, experts use methods for appraisal of the value of civil rights objects and methods for calculating their value, provided for by the normative legal acts on the value appraisal of civil rights objects, including binding technical codes of good practice determined by the Council of Ministers of the Republic of Belarus;

1.10.  determination by the expert-appraiser of the market value of the property seized, arrested and also of confiscated according to a sentence (resolution) of the court or converted in income of the state otherwise; property  upon which the execution is levied at the account of a tax obligation non-fulfilled, penalty interest unpaid, and property released from arrest by the body conducting criminal proceedings, shall be carried out in accordance with normative legal acts on the value appraisal of civil rights objects, including binding technical codes of good practice determined by the Council of Ministers of the Republic of Belarus, having regard to specific features established by the Regulations on the order of record keeping, storage, appraisal and realization of the property seized, arrested or converted in income of the state.

2. To approve the annexed Regulations on value appraisal of civil rights objects in the Republic of Belarus.

3. подпункт 1.4 пункта 1 и пункт 5 Указа Президента Республики Беларусь от 14 сентября 2005 г. № 287 «О некоторых вопросах деятельности открытого акционерного общества «Белорусская универсальная товарная биржа» (Национальный реестр правовых актов Республики Беларусь, 2006 г., № 103, 5/6562);

4. The Council of Ministers of the Republic of Belarus shall:

4.1. within two months, submit to the President of the Republic of Belarus a draft edict of the President of the Republic of Belarus, determining the order of appraisal of value of material historic and cultural valuables or cultural valuables, constituting the library fund of the Republic of Belarus, National Archive Fund of the Republic of Belarus or included in the Museum Fund of the Republic of Belarus, and also those presented in the established order for granting them the status of historic and cultural valuables;

4.2. within four months, determine the order of:

maintaining the state register of appraisers;

performing the attestation of appraisers;

4.3. with seven months:

ensure the approval by the State Committee on Standardization of state standards of the Republic of Belarus on value appraisal of civil rights objects;

ensure the bringing of normative legal acts in accordance with this Edict;

take other measure on implementation of this Edict;

4.4. explain matters concerning the application of this Edict.

5. This Edict enters into force in seven months after its official publication, with the exception of clause 4 and this clause, which enter into force from the day of the official publication of this Edict.

 

President of the Republic of Belarus

A. Lukashenko

 

 

 

Annex

to Edict of the President
of the Republic of Belarus 

No 615 of October 13, 2006

LIST
of organizations created by the Belarusian Industry and Trade Chamber, performing valuation activity

Unitary Enterprise for Rendering Services “Brest Branch of the Belarusian Industry and Trade Chamber

Unitary Enterprise for Rendering Services “Vitebsk Branch of the Belarusian Industry and Trade Chamber

Unitary Enterprise for Rendering Services “Gomel Branch of the Belarusian Industry and Trade Chamber

Unitary Enterprise for Rendering Services “Grodno Branch of the Belarusian Industry and Trade Chamber

Unitary Enterprise for Rendering Services “Minsk Branch of the Belarusian Industry and Trade Chamber

Unitary Enterprise for Rendering Services “Moguilev Branch of the Belarusian Industry and Trade Chamber

 

 

APPROVED

Edict of the President
of the Republic of Belarus

No 615 of October 13, 2006

(as edited by Edict of the President of the Republic of Belarus

No 410 of August 6, 2010)

REGULATIONS 
on value appraisal of civil rights objects in the Republic of Belarus.

CHAPTER 1
GENERAL PROVISIONS

1. These Regulations regulate relations related to the carrying out of activity on value appraisal of some civil rights objects in the Republic of Belarus.

Civil rights objects which are subject to appraisal in accordance with these Regulations are enterprises as property complexes, capital constructions (buildings, structures), isolated premises, car parking spaces, objects the construction of which is unfinished, land plots, machinery, equipment, furniture, transport means, materials, equity stakes in the statutory funds of legal persons, securities, property rights and other property, and also intellectual property objects (hereinafter – appraisable objects).

2. For the purposes of these Regulations are used the following main terms and notions:

internal appraisal is a value appraisal hold independently by legal and natural persons, including individual entrepreneurs, on the basis of their own decision without engaging an appraisal performer;

appraisal date is a calendar date on which the appraisal object value is being determined;

 appraisal customer is a legal or natural person, including individual entrepreneur, which has concluded a civil-law contract with the appraisal performer for rendering services for performance of an independent appraisal (hereinafter – contract);

appraisal performer is a legal person or individual entrepreneur, which carries out valuation activity. As a legal person that carries out valuation activity is recognized an organization in which at least two appraisers are on the staff, for which the given organization is a primary place of work;

appraisal method is one or several modes of calculation of the value of a kind of appraisal object;

value calculation method is a mode of determining the value of a certain kind of appraisal object;

independent appraisal is a value appraisal being conducted by appraisal performers on the basis of contracts in compliance with requirements determined in these Regulations;

obligatory appraisal is a value appraisal the obligatoriness of which is established by the legislation;

value appraisal is the determination of the appraisable object value;

valuation activity is an entrepreneurial activity of legal persons and individual entrepreneurs, connected with rendering services on performance of independent appraisal, examination of the accuracy of internal appraisal and examination of the accuracy of independent appraisal (hereinafter - examination of appraisal accuracy;

appraiser is a natural person attested in the order determined by the Council of Ministers of the Republic of Belarus, which performs independent appraisal personally as an individual entrepreneur or as employee of an appraisal performer;

applicant for obtaining the certificate on appraiser attestation – a natural person possessing legal active capacity, permanently residing in the territory of the Republic of Belarus, having a higher economic, legal or technical education and having filed an application for attestation and issuance of the  certificate on appraiser attestation in the order established by the legislation;

result of an internal appraisal is the final amount of the appraisable object value or a total final amount of appraisable objects value when regarding several objects appraisal, expressed in a monetary sum and indicated in the internal appraisal act;

result of an independent appraisal is the final amount of the appraisable object value or a total final amount of appraisable objects value when regarding several objects appraisal, expressed in a monetary sum or in the form of a range of the monetary sum and indicated in the conclusion and in the report about the appraisal;

expert examination of accuracy of internal appraisal is a series of actions on testing the substantiation of the result of an internal appraisal and or on testing of compliance of made calculations with the legislation;

examination of accuracy of an independent appraisal - a set of actions to verify the compliance of the conclusion and the report about the appraisal with the normative legal acts on the value appraisal of civil rights objects, including binding technical codes of good practice determined by the Council of Ministers of the Republic of Belarus, and the justification of the independent appraisal result.

CHAPTER 2 
APPRAISAL METHODS

3. Appraisable objects value in the Republic of Belarus may be determined using:

3.1. market methods of appraisal, including:

comparison method based on the comparison and consideration of differences of the appraisable object and analogous objects similar to the appraisable object in principal economic, technical, technological and other characteristics;

income method based on the calculation of incomes expected from the use of appraisable object in the future and transformation thereof in the appraisable object value;

expenses method based on the determination of expenses necessary for the reproduction or replacement of the appraisable object minus its depreciation costs or on the difference of assets and liabilities on the balance sheet;

3.2. other methods of appraisal, including:

index numbers method based on applying quotients and/or indices to the value accepted as a basis for determining the assessed value of appraisable objects with the exception of enterprises as property complexes, stakes in the statutory funds of legal persons, securities;

balance-sheet assets accumulation method based on the use of accounting data on the date of appraisal and applied for determining of assessed value of enterprises as property complexes, stakes in the statutory funds of legal persons, securities;

cadastral appraisal method based on the use of data contained in the state land and urban-planning cadastres.

4. Value appraisal of appraisable objects, including application of value appraisal methods and value calculation methods, shall be carried out in accordance with normative legal acts on the value appraisal of civil rights objects, including binding technical codes of good practice determined by the Council of Ministers of the Republic of Belarus.

CHAPTER 3 INTERNAL APPRAISAL

5. Legal and natural persons, including individual entrepreneurs, have the right to perform an internal appraisal of:

appraisable objects belonging to them;

objects which they will receive in the future  and which as of the date of appraisal are not deemed to be created in accordance with the legislation, upon availability of confirming documents (design documentation, contracts or other documents) that allow to determine their value.

The result of an internal appraisal may not be used in the cases when in accordance with the legislation the appraisal must be only independent.

6. Internal appraisal of an appraisable object is performed on the basis of accounting data, information about the value of purchase, building of the appraisable object or the value of analogous objects according to the appraisal methods indicated in clause 3 of these Regulations.

7. As a result of performance of an internal appraisal the internal appraisal act is to be drawn up.

The result of internal appraisal may be used only in accordance with the appraisal purpose.

The internal appraisal act being drawn up by a natural person, including individual entrepreneur, must contain:

surname, own name, patronymic (if available) of the natural person, including individual entrepreneur, who performed the internal appraisal;

purpose of appraisal;

date of appraisal;

name of the appraisal object;

result of the internal appraisal;

signature of the person who performed the internal appraisal;

Other information at the discretion of the person who performed the internal appraisal.

The internal appraisal act being drawn up by a legal person must contain:

full name of the legal person who performed the internal appraisal;

purpose of appraisal;

date of appraisal;

name of the appraisal object;

the method of appraisal

calculation of the appraisable object value

result of the internal appraisal;

signatures of the specialist and the head (deputy head) of the legal person who performed the internal appraisal;

other information at the discretion of the legal person who performed the internal appraisal.

Documents used for appraisal shall be enclosed to the internal appraisal act

CHAPTER 4 
INDEPENDANT APPRAISAL

8. The ground for performance of an independent appraisal is a contract.

Under the contract the appraisal performer undertakes to perform an independent appraisal on the order of the appraisal customer, and the appraisal customer – to pay for this service.

9. The contract is concluded in a simple written form.

The contract must reflect:

name of the appraisal object, its individual features;

subject matter of the contract;

cost of services of the appraisal performer, the terms and the order of their payment;

time period for submission of the conclusion and the report about the appraisal;

purpose of appraisal;

date of appraisal;

currency in which the appraisal is to be performed;

rights and duties of the parties;

liability of the parties for non-fulfilment or undue fulfilment of obligations stipulated in the contract;

10. Upon the results of conducting by the appraisal performer of an independent appraisal, a conclusion and a report about the appraisal shall be drawn up in two copies. One of them shall be given to the customer, the second one to be kept by the appraisal performer. In that instance the contract may stipulate the transfer to the ordering customer of a greater number of exemplars of the the conclusion and the report about the appraisal.

Conclusion and report about the appraisal shall be given to the customer simultaneously after the appraisal performer enters the information about the said conclusion, data therefrom and an electronic copy of that conclusions into the state registry of appraisers.

The order of entering into the state registry of appraisers, storage, use of information about conclusions on appraisal, data from them, electronic copies of these conclusions and the procedure for granting access to the data from this registry are established by the Council of Ministers of the Republic of Belarus.

Informational interaction in electronic form of the State Committee on Property, the operator of the state register of appraisers with state bodies and other state organizations in terms of obtaining data from this registry is carried out with interdepartmental information systems.

______________________________

* For the purposes of these Regulations, an electronic copy of the conclusion on appraisal is understood an electronic file created by scanning such a conclusion.

11. A conclusion about the appraisal shall contain:

the number and the date of the conclusion about appraisal;

full name of the appraisal performer;

name, own name and patronymic (if available) of the appraiser that conducted the independent appraisal, number and validity term of the certificate on appraiser attestation for the respective kind of appraisable object;

the number and the date of conclusion of the contract;

name of the appraisal object, its individual features;

purpose of appraisal;

currency in which the appraisal is to be performed;

date of appraisal;

indication of used value appraisal methods and value calculation methods;

result of the independent appraisal.

The conclusion about appraisal may contain other information as agreed by the parties, and also that information at the discretion of the appraisal performer.

12. A report about the appraisal shall contain:

the number and the date of the report about the appraisal;

name of the appraisal object;

description of the appraisable object (technical and other, including the list of restrictions (encumbrances) of the rights to the appraisable object, if available);

data used for the appraisal with indication of their sources;

analysis of the data used for the appraisal;

main assumptions and restrictions with regard to which the appraisal was performed;

analysis of the market for analogous objects (in the event of application of market methods of appraisal);

substantiation for the application of used value appraisal methods and value calculation methods;

calculations and substantiation thereof, description of the procedure for determining the value by selected  value appraisal methods and value calculation methods;

brief facts and conclusion according to results of the appraisal;

result of the independent appraisal.

The conclusion about appraisal may contain other information as agreed by the parties, and also that information at the discretion of the appraisal performer.

13. The conclusion and report about the appraisal must be signed by the appraiser that conducted the independent appraisal and affixed with its personal stamp, signed by the head of the appraisal performed (its deputy) or by the head of the separate division of the appraisal performer (its deputy).

When the independent appraisal is performed by an individual entrepreneur being simultaneously appraiser and appraisal performer, the conclusion and report about the appraisal shall be signed by him and affixed the personal stamp of the appraiser.

When the independent appraisal is performed by an appraiser – employee of an individual entrepreneur, the conclusion and report about the appraisal shall be signed by the appraiser that conducted the independent appraisal, individual entrepreneur and affixed with the personal stamp of the appraiser.

14. The conclusion and report about the appraisal must contain the date of their signing by the head of the legal person (its deputy) or the head of the separate division of the legal person (its deputy), if the appraisal performer is a legal person, or by the individual entrepreneur if he is the appraisal performer.

15. The result of an independent appraisal may be used only in accordance with the appraisal purpose indicated in the conclusion about the appraisal.

16. The result of independent appraisal may be recognized inauthentic only by the court on the actions brought by the appraisal customer, another persons interested in the appraisal or bodies which control or supervise the appraisal performer.

17. Independent appraisal may not be performed:

17.1. by appraisal performer being founder (participant) or owner of the property of the legal person – appraisal customer;

17.2. with participation of appraisers:

being officials of legal persons – appraisal customers and also of dependent enterprises of legal persons – appraisal customers, and also those being close relatives or in-law relatives of founders (participants), owners of the property, workers of legal persons – appraisal customers and also of dependent enterprises of legal persons – appraisal customers,;

being close relatives or in-law relatives of natural persons –appraisal customers;

having real or obligational rights in relation to the appraisable object.

17.3. by appraisal performer – legal person:

a founder (participant), property owner of which is the appraisal customer, with the exception of the appraisal performer – state unitary enterprise the founder of which is appraisal customer – republican body of state administration, local executive and administrative body

the head of which (the head of its separate division, dependent enterprise) is a close relative or in-law relative of the natural person – appraisal customer or of the head of the legal person – appraisal customer;

17.4. by appraisal performer having real or obligational rights in relation to the appraisable object.

18. Appraisal performers are obliged to refuse performance of independent appraisal when there are circumstances provided for in clause 17 of these Regulations. The appraisal performer is obliged to notify the appraisal customer about the refusal within 5 days after detection of such circumstances.

19. The customer or other interested persons are not permitted to interfere with the activity of the appraisal performer if this may affect the accuracy of the results of the independent appraisal, including limitation of the issues to be investigated or identified during the independent appraisal.

20. Disputes between appraisal performers and its customers related to carrying out valuation activity are to be settled by the court in the order established by the legislation.

CHAPTER 4 
OBLIGATORY APPRAISAL

21. Performance of appraisable objects value appraisal is obligatory:

at the sale in the course of bankruptcy proceedings of the property of a person recognized economically insolvent or bankrupt, for determining the initial price of that property at public trading. The value of the property to be put on trading is appraised;

when providing property, except from monetary funds, in pledge as a security for fulfilling the obligations on a credit contract (with the exception of an interbank credit contract). The value of the property to be pledged is appraised;

when making non-monetary contribution to the statutory fund of a legal person. The value of the non-monetary contribution to be made to the statutory fund is appraised;

when concluding a transaction which stipulates the alienation of the state property or a transactions which may entail the alienation of the state property, except for the property belonging to current assets of state-owned legal persons. The value of the respective property to be alienated is appraised;

when the Republic of Belarus, its administrative and territorial unit, a state-owned legal person purchases immovable property. The value of the property to be purchased is appraised;

in other cases provided for by the legislation.

The obligatory appraisal may be internal and independent, unless the act of legislation provides directly that such appraisal must be independent.

22. In the instances mentioned in indents two – six of part one of clause 21 of these Regulations, the obligatory appraisal shall be performed prior to the execution of respective transactions.

CHAPTER 6
EXPERT EXAMINATION OF THE APPRAISAL ACCURACY

23. Expert examination of accuracy of the appraisal may be obligatory or optional.

24. Obligatory expert examination of the appraisal accuracy shall be performed in the instances of:

transfer of capital constructions (buildings, structures), isolated premises, car parking spaces, unfinished capital constructions prepared for preservation, unfinished capital constructions not-prepared for preservation, being in the state ownership, with the exception of dwelling houses and dwelling premises, including those unfinished, in mortgage as a security of fulfillment of obligations under the credit contract;

making non-monetary contribution to the statutory fund of a legal person, with the exception of the instances provided by the legislative acts;

concluding, in accordance with acts of legislation regulating the order of disposal of the state property, a transaction which stipulates the compensated alienation of capital constructions (buildings, structures), isolated premises, car parking spaces, unfinished capital constructions prepared for preservation, unfinished capital constructions not-prepared for preservation, being in the state ownership, with the exception of alienation thereof  through sale at auctions with the establishment of an initial sale price equal to one base unit, determined by the legislation, and also compensated alienation of dwelling houses and dwelling premises, including those unfinished, including the alienation thereof in the process of privatization;

in other instances provided for by the legislative acts.

25. Owners of an appraisal object (holder of other rights in relation to the appraisal object), controlling and supervising bodies, other persons interested in appraisal are entitled, on the basis of their own decision, to initiate the performance of an expert examination of the appraisal accuracy.

26. The procedure for conducting and payment of expert examination of the appraisal accuracy is determined by the Council of Ministers of the Republic of Belarus.

CHAPTER 7
RIGHTS AND DUTIES OF APPRAISAL PERFORMER

27. Appraisal performers, when performing independent appraisal, have the right to:

request the submission of full documentation necessary for performance of the independent appraisal from the appraisal customer;

receive from third persons (including state bodies and other organizations) information necessary for performance of the independent appraisal, with the exception of the data constituting state secret, commercial secrets, and other information the providing of which is restricted or prohibited by the legislation. The appraisal performer has the right to receive information about the prices of transactions with specific objects in organizations performing the state registration of immovable property, rights thereto and transactions therewith;

engage, on a contractual basis in accordance with the legislation, specialists or organizations, in making certain works necessary for performance of the independent appraisal;

refuse to perform the independent appraisal in the event when the appraisal customer has breached the terms of the contract or has not provided necessary information about the appraisal object.

The order of providing information mentioned in indent 3 of part one of this clause to the appraisal performer is determined in accordance with the legislation.

In the case when third persons have not provided information necessary for performance of independent appraisal to the appraisal performer and this may considerably affect the accuracy of the result of independent appraisal, the appraisal performer is obliged to state it in the conclusion about the appraisal.

28. Appraisal performer, when performing independent appraisal, are obliged:

to ensure the preservation of documents received from the appraisal customer and third persons;

not to divulge confidential information, with the exception of the cases provided for by the legislation;

to store the conclusion and report about the appraisal for not less than five years from the date of their signing by the head of the legal person (its deputy) or the head of the separate division of the legal person (its deputy), if the appraisal performer is a legal person, or by the individual entrepreneur if he is the appraisal performer.

on paper-based carriers – in relation to conclusions and reports about the appraisal drawn up prior to January 1, 2019;

on paper-based carriers on in electronic form** – in relation to conclusions and reports about the appraisal drawn up beginning from to January 1, 2019;

to submit copies of conclusions and reports about the appraisal, other information received from the appraisal customer at requests of state bodies for the fulfilment of functions imposed on them.

Legislative acts may establish a more prolonged period of storage of conclusions and reports about appraisal.

Reproduction of electronic images of the conclusion and report about the appraisal on paper-based carriers, certified by the head of the legal person (his deputy) or the head of a separate division of the legal person (his deputy), if the appraisal performer is a legal person, or by an individual entrepreneur, if he is the appraisal performer, has the same legal force with copies of the opinion and report about the appraisal issued to the appraisal customer.

______________________________

For the purposes of these Regulations, the electronic form of conclusion and report about the appraisal is understood their electronic representations corresponding to the originals of the conclusion and report about the appraisal issued to the appraisal customer, certified with an electronic digital signature generated using a private key, the public key certificate of which is issued by the Republican certification center of the State management system of public keys for verification of electronic digital signature of the Republic of Belarus.

CHAPTER 8
LIABILITY OF APPRAISAL PERFORMER

29. The appraisal performer bears, in accordance with the legislative acts, liability for losses caused as a result of carrying out valuation activity to the Republic of Belarus, its administrative and territorial units, citizens and legal persons. Losses are to be reimbursed in accordance with the legislation and the terms of the contract.

30. The appraisal performer is not liable for losses or for an inaccuracy of the result of independent appraisal recognized by the court, if they were due to the submission of inaccurate information by the appraisal customer or third persons.

CHAPTER 9
ATTESTATION OF THE APPLICANT FOR OBTAINING THE CERTIFICATE ON APPRAISER ATTESTATION

31. Attestation of applicant for obtaining the certificate on appraiser attestation is carried out by republican bodies of state administration according to the kinds of appraisal objects according to the Annex to these Regulations (hereinafter – attestation body) in the order determined by the Council of Ministers of the Republic of Belarus. Organizational and technical support of the attestation is carried out by state organizations subordinated to the attesting bodies, determined by the Council of Ministers of the Republic of Belarus.

32. [Excluded]

33. The certificate on appraiser attestation (hereinafter – certificate) is to be issued upon results of the attestation exam for the period of three years. The validity term of the certificate may be prolonged after its termination for three years upon an application of the appraiser.

34. The attestation body exercises control over the observance by the appraisers of requirements of the legislation about the appraisable objects value appraisal in accordance with these Regulations and the approving Edict.

35. The attestation body shall maintain records of issued certificates.  The procedure for record keeping of issued certificates and maintenance of the state registry of appraisers is determined by the Council of Minister of the Republic of Belarus.

The state registry of appraisers includes:

data on the appraiser that obtained certificates, separately according to of types of civil rights objects;

personal files of appraisers in electronic form;

information about conclusions on appraisal, data from them and electronic copies of those conclusions;

other information determined by the Council of Ministry of the Republic of Belarus.

 

 

Annex

to Regulations
on value appraisal of civil  rights 
objects in the Republic of Belarus

LIST
of republican bodies of state administration carrying out attestation of applicants for obtaining the certificate on appraiser attestation according to the kinds of appraisal objects

Name of republican bodies of state administration

Kinds of appraisal objects

State Committee on Property

enterprises as property complexes, stakes in the statutory funds of legal persons, securities and property rights thereto

capital constructions (buildings, structures), isolated premises, unfinished construction objects and property rights thereto

land plots and property rights thereto


machinery, equipment, furniture, transport means, materials, and property rights thereto (with the exception of  enterprises as property complexes, equity stakes in the statutory funds of legal persons, securities, capital constructions (buildings, structures), isolated premises, car parking spaces, unfinished construction objects, intellectual property objects, land plots, and property rights thereto)

State Committee on Science and Technologies

intellectual property objects and property rights thereto