Article 25. Suspension, termination, and revocation of certificates of qualification "appraiser" and "expert" of the Law on Valuation Activities in the Republic of Kazakhstan

Home / RLA / Article 25. Suspension, termination, and revocation of certificates of qualification "appraiser" and "expert" of the Law on Valuation Activities in the Republic of Kazakhstan

1. The suspension of the certificate of qualification "appraiser" is carried out in the following cases::

1) at the initiative of the Chamber of Appraisers based on the results of monitoring the appraiser's activities or, in case of violations, based on the results of consideration of appeals from individuals and legal entities;

2) the entry into force of a judicial act in the framework of civil proceedings.

The period of suspension of the certificate of qualification "appraiser" is six months with the completion of the course of study during the period of suspension of the certificate of qualification "appraiser".

2. Termination of the certificate of qualification "appraiser" is carried out in the following cases::

1) death of a person;

2) recognition of a person by a court decision that has entered into legal force as legally incompetent or with limited legal capacity, deceased or missing;

3) the entry into force of a court conviction for criminal offenses in the field of economic activity, as well as for crimes of moderate gravity committed intentionally, grave and especially grave crimes;

4) the entry into force of a court decision on the application of compulsory medical measures to a person;

5) deprivation of the certificate of qualification "appraiser".

3. The termination of the certificate of qualification "appraiser" is carried out by a decision of the collegial governing body of the Chamber of Appraisers.

4. The revocation of the certificate of qualification "appraiser" is carried out by a decision of the collegial management body of appraisers in the following cases::

1) violations by the appraiser more than twice of the legislation of the Republic of Kazakhstan on valuation activities or violations of the legislation of the Republic of Kazakhstan, resulting in damage to the interests of the state, individuals and (or) legal entities;

2) failure to eliminate the reason specified in subparagraph 2) of paragraph 1 of this Article;

3) establishing the fact that the appraiser provided false information or intentionally distorted information in the documents that were the basis for issuing a certificate of qualification "appraiser";

4) making an unreliable assessment report more than twice.

Persons deprived of the certificate of qualification "appraiser" are allowed to confirm the qualification "appraiser" after five years from the date of the decision to revoke the certificate of qualification "appraiser".

If a decision is made again to revoke the certificate of qualification "appraiser", these persons are not allowed to confirm the qualification "appraiser".

The decision to revoke the certificate of qualification "appraiser" may be appealed in court in accordance with the laws of the Republic of Kazakhstan.

5. In case of suspension or termination of the certificate of qualification "appraiser", the Chamber of appraisers enters the relevant information indicating the date and time of termination of the certificate in the register of members of the Chamber of Appraisers with its publication on the Chamber's Internet resource.

6. The termination of the certificate of qualification "expert" is carried out by the decision of the collegial governing body of the Chamber of Appraisers in the following cases::

1) death of a person;

2) recognition of a person by a court decision that has entered into legal force as legally incompetent or with limited legal capacity, deceased or missing;

4) the entry into force of a court decision on the application of compulsory medical measures to a person;

5) deprivation of the certificate of qualification "expert".

In case of termination of the certificate of qualification "expert", the Chamber of appraisers enters the relevant information indicating the date and time of termination of the certificate in the register of members of the expert council with its publication on the Chamber's Internet resource.

7. The revocation of the certificate of qualification "expert" is carried out by the Chamber of Appraisers in the following cases::

1) violations by an expert more than twice of the legislation of the Republic of Kazakhstan on evaluation activities or violations of the legislation of the Republic of Kazakhstan, resulting in damage to the interests of the state, individuals and (or) legal entities;

2) drawing up an unjustified expert opinion on the market or other value of the valuation object reflected in the valuation report;

3) deprivation of the certificate of qualification "appraiser";

4) repeated violation by the expert of the requirements of the Chamber of Appraisers.

The appraiser has the right to receive the certificate of qualification "expert" no earlier than three years after the decision to revoke the certificate of qualification "expert".

This Law regulates public relations related to the implementation of valuation activities in the Republic of Kazakhstan, and also defines the legal basis for regulating valuation activities.

President

Republic of Kazakhstan

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