Judicial appraisal examination - a procedure carried out in the framework of a trial and preliminary investigation in a criminal case. What is the appointment procedure, methods and methods? What is the peculiarity of the expert opinion?
The need for
Judicial appraisal is carried out in order to establish the value of the property. The need arises in the framework of litigation in civil and arbitration cases. Less often - on administrative, in disputes with authorities.
Such a need for investigators arises much less often, but nevertheless, cases do occur. For example, in cases where damage is affected in one way or another: corruption cases, abuse of authority by officials, destruction or damage to property, etc.
Legislative regulation
Legislation is conditionally divided into two parts:
- normative acts describing the appointment and conduct of the examination - procedural codes;
- legislation on valuation activities (relevant law and by-laws - research methods);
- internal acts of self-regulatory organizations, uniting appraisers, regulating the activities of their members.
Thus, forensic assessment is affected in one way or another by the vast amount of regulatory material.
Who initiates the appointment of the examination
In judicial disputes starting with the filing of a claim, an examination is appointed at the request of one of the parties or at the initiative of the court. A refusal may be appealed, or the matter is again considered, already in a higher instance. If the initiative comes from the court, the cancellation of the determination is virtually impossible.
In criminal cases, the appointment of a forensic assessment is primarily the responsibility of the investigator. It is carried out either at his initiative or at the request of the participants in the process. The refusal to conduct an appeal to the prosecutor's office or in court.
Applying for
The participant in the process, applying for a forensic assessment, indicates:
- the name of the court or the data of the investigator and the body in which he works (the investigative department of the Ministry of Internal Affairs or the department of the Investigative Committee);
- F. I. O. of the person authorized to appoint an examination;
- own data, procedural status (plaintiff, defendant, defense attorney, etc.);
- rationale why an examination is needed;
- signature and filing date.
It is advisable to submit the document in advance so that it is not regarded as an attempt to delay the process and is not rejected, because there is a time frame in which requests are made for the collection of evidence and the appointment of examinations.
How is the appointment
The judge or investigator conducting the proceedings shall issue a determination or order accordingly. It decides who is entrusted with the appointment of the examination (person or organization).
Judicial appraisal of real estate requires the judge or investigator to attach to the decision or determination of information about the property, cadastral passport or other documents from which the expert will draw information for research.
Materials are transferred to the selected organization. An expert may request additional materials from a court or investigator; collecting materials bypassing the investigator or court is prohibited.
What is an assessment?
Valuation activities are conducted by persons who have undergone vocational training. The education system has developed a whole work program on forensic assessment.
And persons who do not have professional training and membership in one of the SROs are not entitled to engage in valuation activities.
What is included in the tasks of the appraiser? Make a reasonable price calculation. It is determined based on the needs of the customer: cadastral, market, etc.
Examination Scheme
A person with whom an agreement has been concluded to conduct an assessment, or an employee of an organization who is entrusted with conducting an examination by its head, studies the materials provided, requests additional documents through a court or investigator. Then he conducts a study and draws up a conclusion for the court and sends it to the address.
The peculiarity of the result of the work of the appraiser in this situation is that he is allowed to work on the material after a receipt on responsibility for giving a false opinion or for refusing to give it without good reason.
How is the study conducted
It consists of the following stages:
- the appraiser conducts a visual study of the property, the technical documentation is being studied;
- identifies and studies changes in the property that are not noted in the documentation;
- control measurements of the object, its photographing;
- it is studied whether the given building parameters correspond to its actual state;
- the study of the system of maintenance and repair;
- comparing an object with similar buildings and structures or land;
- calculation of the value of the object.
Are samples used? An appraisal forensic examination or other study is conducted according to an established scheme.
What objects are investigated
The property includes a wide range of objects:
- apartments, houses, separate rooms;
- warehouses;
- office and retail premises;
- unfinished objects;
- real estate complexes;
- land.
Conclusion status
Formally, the expert’s opinions have the same force as other evidence in the case, but still the preference is given to the conclusion. And the reason is primarily in a completely different level of responsibility of the appraiser in this situation.
The conclusion shall indicate:
- study initiator;
- questions posed;
- what methods did he use;
- materials used by him;
- answers on questions;
- additional conclusions reached by the expert, relevant in his opinion and not reflected in the issues.
In conclusion, the research procedure is completely fixed: the algorithm of the actions taken, their description, showing why the expert came to the conclusions indicated by him.
Forensic examinations are often appointed because of a dispute between the participants in the process about the value of the object, and you have to evaluate the existing results and draw your own conclusions.
In this case, it is explained why the expert is closer to a specific position or why he does not agree with any of them.
A striking example of an appraisal forensic examination is research conducted in cases of the legality and validity of the established cadastral price.
It should be noted that, despite the difference between criminal and civil proceedings, the provisions of the legislation on examination are similar and conclusions are drawn up according to the template.
Finally
An examination of the assessment of real estate is appointed either by the court or the investigator and is entrusted to a trained person. The methodologies are determined by the objectives: to calculate the market cadastral or other value of the object.