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Theoretical and Practical Problems of Challenge of Assessment of Property, E[ected in Enforcement Proceedings

L.A. Terekhova,
Doctor of Legal Sciences, Professor, Head of the Department 
of Civil Procedure of the Omsk State University 


   E.I. Denisova,
Candidate of Legal Sciences, Associate Professor of the Department 
of Civil Procedure of the Omsk State University

    S.M. Lysenko,
 Legal Department of LLC «Company of Informative Technological Service» 


Authors analyze the legislative provisions and jurisprudence developed during consideration of cases concerning the challenging of the assessment of property eJected within the framework of enforcement proceedings. In para. 3 of pt. 4 of art. 85 of the Federal Law «On Enforcement Proceedings» it is provided that «the project cost of an assessment specified by the appraiser in the report, can be challenged in court by the parties of enforcement proceedings no later than ten days from the date of their notice on the made assessment». Concerning this norm at once there is a question of object of contest: the assessment (its size) or the resolution of the bailiff as which this assessment is approved (the statement) is challenged? Besides, the question of it isn’t clear, whether the size of the market cost given by the appraiser is, obligatory for the bailiff, or has advisory nature. Contest of an assessment has nevertheless lines of dispute on the right, to consider which is necessary within claim production. Definition of a type of legal proceedings is very important since the structure of participants, their procedural situation and a proof order depends on it. Assessment size becomes a proof subject, thus, assessment methods, motives of election of these or those methods are defined, expertize is carried out. Research of proofs goes by rules of claim production (equal participation of the parties in proof), and the bailiff isn’t involved in it (for the objective reason it can’t give explanations on these questions).

Keywords: enforcement proceedings; challenge of catchpoll’s acts; valuation of property; challenge of property assessment; type of civil proceedings.


Information about the authors 

      Terekhova L.A. (Omsk) – Doctor of Legal Sciences, Professor, Head of the Department of Civil Procedure of the Omsk State University (Omsk city, 50 years of Trade Unions st., 100, building No. 7, e-mail: lydia@civpro.info). 

      Denisova E.I. (Omsk) – Candidate of Legal Sciences, Associate Professor of the Department of Civil Procedure of the Omsk State University (Omsk city, 50 years of Trade Unions st., 100, building No. 7, e-mail: jf-omsu@mail.ru). 

      Lysenko S.M. (Omsk) – Legal Department of LLC «Company of Informative Technological Service» (Omsk city, Gubkina st., 1, e-mail: secretar.AS@omsk.gazprom- neft.ru).


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L.A. Terekhova, E.I. Denisova, S.M. Lysenko