Against almost explosive growth of the market of an estimation especially negative image of activity of the specialised companies is evident. Already working branch agreement and federal contract system, while existing on a paper can correct a situation.
on the verge of a crime
participants of the market connect the Problem of negative image of the trade with " custom-made " an estimation. " a tendency when even large customers divide an estimation on " important " where qualitative work, and " is required; a checkpoint " when the report is necessary in a greater degree for legislation observance, does not change. In the first case at a choice of the appraiser its experience, qualification, business reputation and etc. In the second case a reference point one and #150 is considered; the price of service which taking into account a dumping reaches at times inadequate values " Denis Kaluzhsky, the general director of Open Company " speaks; Active business - consultations ".
In this connection participants of the market complain about the problems connected with control of the market. So, according to Dionisa Vasileva, the chief executive of consulting group " NEO the Center " the operating mechanism of regulation of branch does not provide an exception of a trade of unfair players: " Here it is necessary to pass to active actions and considerably to raise barriers (cost) of an input in a trade. It will help to cope with noncontrollable quantity of participants of the market, calling devaluation of a trade and on a broader scale concept of an estimation ".
" For successful development of the market it is necessary to make so that the consumer saw in the appraiser not the next bureaucratic link, and the highly skilled professional adviser " the general director of the company " supplements; NBK - groups " Albert Ajginin.
it is obvious that this work difficult and will yield results not at once. As estimated activity is regulated by the corresponding legislation, to change vicious practice follows through corrective amendments in laws. For a long time the ripened amendment provided by the project of changes in separate acts of the Russian Federation concerning estimated activity, is brought on July, 3rd this year on consideration in the State Duma. According to the document, subjects of estimated activity subjects of enterprise activity both #150 should admit; legal bodies and individual businessmen, and also subjects of professional work physical persons (appraisers).
" Definition of legal bodies as subjects of estimated activity will allow the state regulator of estimated activity to regulate not 1 % of the market, as now, and all of 100 %. Unpromising attempts of regulation of the market of an estimation at the expense of escalation of a liability of appraisers physical persons will leave in the past. Besides, in the light of Russia`s accession to the World Trade Organization and clear criteria of access on the market of estimated services should become more logical. Interests of the client will be protected by size of an insurance covering, and the insurance premium will depend directly on reputation of the company and qualification of its experts " the general director of the company " explains; the Grant of Tornton the Corporate finance " Dmitry Kuvaldin.
Other brought amendment concerns definitions of the subject which has the right to take out a verdict concerning divergences in an estimation, the court can be it only. It is reaction of working group of deputy Ivan Grachev to the bill offered in this year by one of councillors of federation and assuming changes in the Criminal code of the Russian Federation. The bill is directed on counteraction to custom-made estimations and suggests to consider as a crime an error of the appraiser which is expressed by the sum from 250 thousand rbl. (a source " the Russian newspaper " N141 from 22. 06. 2012). For appraisers it can have serious consequences as at an estimation of a large active in balance cost of an order 1 mlrd rbl. the error, say, in 1 million rbl. is simply an error makes 0,1 %. It is obvious that such errors can be pretty often, and it will actually make estimated activity criminal. For example, total of reports according to actives in balance cost more than 1 mlrd rbl. at participants renkinga not less than 2,7 thousand
" Considering that the estimation has likelihood character, and the appraiser expresses only the opinion on an estimation project cost, to consider the fact of difference of the cost specified by one appraiser, from the cost received by other expert, as criterion of identification of a crime obviously unpromising employment. As at once there is a question: what of costs should be recognised by true? " the vice-president of trade union of workers of the auditor, estimated, expert and consulting organisations Solomon Darsanija speaks.
the dumping End?
experts notice that clients of appraisers all become more exacting, however some structures, generally state, at a choice of the estimated organisations on - former are guided first of all by working costs, instead of its quality.
as a counteraction measure the professional community last year has developed the branch agreement. One of document sections is devoted a technique of definition of the minimum payment for drawing up of the report on an estimation and the minimum icon setting of the appraiser. The technique purposes, according to ideologists of the agreement: the guaranteed payment of the appraiser; maintenance of the uniform approach to pricing on services in drawing up of reports on an estimation; increase of validity and efficiency of quotations at planning of budgetary expenses of various levels, legal and physical persons, and also creation of plans - schedules of purchases for the state and municipal needs.
according to the Labour code the agreement is the legal certificate establishing the general principles of regulation socially - the economic relations labour and connected with them. Any other legal certificates regulating norms of work and the minimum rate of commission of the appraiser while are absent. Therefore the authorised body at placing of orders for the state and municipal needs is recommended to take for a basis at calculation of the price of the contract the branch agreement, specifying it as an official source of the information. " according to article 48 of the Labour code of the Russian Federation later 30 days after the edition the Minister of health and social development of the offer on joining to the branch agreement, since March, 29th, 2012, the agreement is considered extending on all legal bodies (employers) in the Russian Federation, including on public authorities and local governments " Solomon Darsanija explains a situation.
the first results of action of the agreement Today are already visible. So, in connection with infringement of requirements of the document management FAS on the Udmurt Republic has cancelled results of competition on performance of works by definition of market cost of oil wells and has obliged the republic Ministry of Property to cancel all reports of competition (the decision copy is placed on a site www. profsro. ru).
For certain effectiveness of the branch agreement will grow, when the federal contract system will start to work. " the bill " About the state contract system " going on change odious FZ N94, fills with deep sense a standard part of the branch agreement. In - the first, according to the project, the initial prices of competitions cannot decrease more than on 25 %, and in - the second, these prices will be defined according to the confirmed branch specifications, and at their absence at the average cost of last executed similar state contracts " Dmitry Kuvaldin describes mechanisms of the branch agreement.
the Branch agreement has been confirmed by the government in 2011 in this connection appraisers have appeared in exclusive position: now they have specifications to which the customer is obliged to follow at calculation of the initial price of competition. So again there is a hope that a dumping on the state and municipal orders will be finished, after all floor price of service of the winner of competition cannot be less than 75 % of the specification established by the branch agreement.