Published in the quarterly scientific and practical journal "Land of Belarus" № 1, 2024.
In accordance with the current Regulation on the evaluation reliability expertise, the customer of the evaluation reliability expertise is the owner of the evaluation object, or the holder of other rights in relation to the evaluation object, or the evaluator, or the controlling (supervisory) authority, or another person interested in evaluation who applied in the manner established by the Regulation on the evaluation reliability expertise for the evaluation reliability expertise.
As being experts in the evaluation reliability expertise for a long time, in our practical activities we have encountered cases of abuse of the evaluation reliability expertise by other persons interested in the evaluation reliability expertise. The most common are the following:
- an attempt by another person interested in the evaluation of the value to cancel a legally significant action by challenging the result of an independent evaluation obtained by the evaluator;
- delay by another person interested in the evaluation of the opportunity to perform a legally significant action by organizing the process of conducting an evaluation reliability expertise;
- delay by another person interested in the evaluation of the court proceedings on claims that are not related to challenging the result of an independent evaluation, by filing an additional claim to challenge the result of an independent evaluation, which may serve as a justification for the impossibility of considering the case with the primary claim until the case on the claim for the reliability (validity) of the result of the independent evaluation is resolved.
One of the possible solutions in this case, in addition to excluding the possibility of conducting an evaluation reliability expertise after the transaction and the performance of a legally significant action, may be to limit the list of customers of the evaluation reliability expertise, namely, excluding from the list of customers of evaluation reliability expertise "other persons interested in the evaluation", which does not make it impossible for other interested persons to defend their rights in court. Other interested parties may apply to the court for protection of their rights, and if the court issues a ruling (determination) on the need to conduct evaluation reliability expertise and obliges one of the parties to the case to conclude a civil-law contract for conducting an evaluation reliability expertise, then the evaluation reliability expertise will be carried out on the instructions of the court.
© G.Ignatkovich, A.Gaja Lapinskaya
