Problematic Issues of Scientific and Methodical Support of the Forensic Cost Evaluation of Real Estate Objects and the Ways to Solve Them

The aim of the article is to develop a scientific and methodical support for the forensic cost evaluation of real estate objects defferent from the federal appraisal standards. The authors solve the problem of comparative analysis of the professional activity of a real estate appraiser and a forensic expert who determines the market value, they also reveal their formal and substantive differences. They come to a reasonable conclusion about the necessity to develop a special methodology for forensic cost evaluation, as a study focused on the judicial system and considering the modern achievements in construction sciences, international valuation standards.

The proposed methodology includes the analysis of two evaluations presented by the litigants and the fair (equilibrium) value of the property in a forensic expert’s opinion. The authors offer to compare two cost models identifying the critical parameters that led to the formation of the initial cost interval.

The proposed version of scientific and methodical support does not require changes in the legislation and federal evaluation standards, but it involves the development of the guidelines for determining fair value by comparing the estimates submitted to the court by the parties to the dispute. The suggested methodology presents some additional opportunities for the development of a system of pre-trial resolution of disputes.

1. Kozin P.A., Kuznetsov D.D. Forensic Cost Evaluation and Federal Appraisal Standards. Materials of the All-Russian Scientific and Practical Conference with International Participation “Specialized Economic Knowledge in Legal Proceedings” (Moscow, April 7, 2017). Moscow, Universitet im. O.E. Kutafina (MGYuA), 2017. P. 237–243. (In Russ.).

2. Volovich N.V. Establishing the Value of Property in Forensic Examination. Particularities of Determining the Value of Land Plots During Their Withdrawal for State Needs in the Framework of Forensic Examination. Round Table of the Union of Financial Economic Forensic Experts “Theory and Practice of Forensic Examination in Economic Disputes and Cases in Criminal, Civil, Arbitration and Administrative Proceedings” (Moscow. March 29, 2019). Moscow: Rossiiskii gosudarstvennyi universitet pravosudiya (RGUP), 2019. (In Russ.).

3. Chesnokova E.V. The Process Approach in Forensic Activity as a Formalized Reflection of Its Stages and Algorithms. Theory and Practice of Forensic Science. 2020. Vol. 15. No. 4. P. 56– 65. (In Russ.). https://doi.org/10.30764/1819-2785-2020-4-56-65

4. Butyrin A.Yu., Stativa E.B. Aspects of the Interpretation and Implementation of Expert’s Rights in the Appointment and Production of Forensic Construction and Technical Examination. Theory and Practice of Forensic Science. 2020. Vol. 15. No. 2. P. 113–128. (In Russ.). https://doi.org/10.30764/1819-2785-2020-2-113-128

5. International Valuation Standards 2017 / Trans. from English. ed. by I.L. Artemenkov, S.A. Tabacova. Moscow: Rossiiskoe obshchestvo otsenshchikov, 2017. 168 p.

6. Petrov K.L. Forensic Valuation, Its Place in the Typological Nomenclature of Forensic Investi-gations Conducted by Forensic Science Organizations of the Russian Ministry of Justice, and the Scope of Expert Competence in the Delivery of Forensic Valuation Services. Theory and Practice of Forensic Science. 2015. No. 4 (40). P. 70–76. (In Russ.).

7. Revunov A.A. Regulatory Framework of the Conduct of Forensic Construction Examination. Theory and Practice of Forensic Science. 2020. Vol. 15. No. 4. P. 32–39. (In Russ.). https://doi.org/10.30764/1819-2785-2020-4-32-39

8. Revunov A.A. Input Data for Forensic Construction and Technical Expertise of Destroyed Buildings. Theory and Practice of Forensic Science. 2020. Vol. 15. No. 2. P. 91–100. (In Russ.). https://doi.org/10.30764/1819-2785-2020-2-91-100

9. Thaler R., Sanstein K. Nudge. Architecture of Choice. Moscow: Mann, Ivanov and Ferber, 2017. 240 p. (In Russ.).

10. Leifer L.A. Why Popular Methods of Assessment of Real Estate Lead to Results Contrary to Common Sense? (The Question of Safety of a Good Appraiser). Property Relations in the Russian Federation. 2017. No. 2 (185). Р. 50–60. (In Russ.). https://readera.org/170172275

11. Lenin V.I. Closing Remarks on the Report on the Food Tax, X All-Russian Conference of the RCP(b), May 27, 1921. PSS, 5th ed. Vol. 43. P. 328. (In Russ.).

12. Jones J.C. Design Methods. Moscow: Mir, 1986. 326 p. (In Russ.).

13. Azgal’dov G.G. Qualimetry in Architectural and Construction Design. Moscow: Stroiizdat, 1989. 272 p. (In Russ.).

14. Letyaev V.A., Lomakina O.E. Legal Mediation in Courts and Disputes. Educational and Methodical Guide. Volgograd: Volgogradskoe nauchnoe izdatel’stvo, 2010. 48 p. (In Russ.).

15. Sigel A., Ettskorn A. Briefly. Explicitly. Simply. Moscow: Olimp-Biznes, 2016. 256 p. (In Russ.).