The Constitutional Court of Russia ruled that the six-month deadline… (кадастровый · стоимость · недвижимость)
The Constitutional Court of Russia ruled that the six-month deadline for challenging archival cadastral value of real estate is unconstitutional because it fails to protect property owners' rights, particularly since many taxpayers only learn of inflated values after receiving tax notices. The court expanded the possibility for individuals to contest these values despite missed deadlines.
Consensus
- The Constitutional Court of Russia ruled that the six-month deadline for challenging archival cadastral value is unconstitutional.
- The ruling was based on complaints from Anton Epifanov and Inga Bukhmiller regarding their inability to challenge inflated cadastral values due to missed deadlines.
- Taxpayers often only become aware of high cadastral values after receiving tax notifications, which typically come after the six-month window has expired.
- The court found that the current law fails to ensure adequate protection of property owners' rights under the Constitution.
- The decision applies to archival cadastral values used for calculating land and property taxes for individuals.
Points of divergence
- The Constitutional Court stated that the six-month period does not ensure proper protection of owners' rights, citing cases where taxpayers learn about inflated values only after tax assessments are issued. — vesti
- The court specifically addressed the incompatibility of Article 22.1 of the Federal Law 'On State Cadastre Evaluation' and Article 245 of the Code of Administrative Court Procedure with the Constitution, due to the inability of honest taxpayers to challenge archival values within six months. — interfax
Coverage (2 sources)
- Constitutional Court Changes the Order for Challenging Property Cadastral Value — Вести
- Constitutional Court extends the deadline for challenging archival cadastral value of real estate for individuals — Интерфакс