On September 27, 2023, KFI experts took part in the discussion “Back to the Past: Retrospective Assessments of Value in Criminal Proceedings”. The event was organized by the Ukrainian Bar Association Committee on Criminal Law and Criminal Procedure.
The event was attended by representatives of the State Property Fund of Ukraine, the Ministry of Justice of Ukraine, expert institutions and professional associations of appraisers. KFI was represented by Roman Pasko, PhD, Head of the Laboratory of Engineering and Technical Research and Viacheslav Bondar, Head of the Laboratory of Engineering, Transport, Commodity and Special Research.
The following issues were discussed:
1) What is the market value of property? What are the peculiarities of its establishment? Does the fact that the appraiser/expert establishes the market value in the course of the appraisal/examination eliminate the need to prove the possibility of selling a particular product in a particular situation within the framework of criminal proceedings? To what extent, when determining the “market value” in criminal proceedings, does the appraiser/expert rely on the actual circumstances of a particular situation?
2) What is the difference between market and other types of property value? Why is the amount of damage determined on the basis of market value?
3) Differentiation between real estate appraisal by an appraiser and construction and technical/appraisal and construction expertise.
4) Retrospective valuation of property/property rights – the competence of forensic experts and appraisers. Problematic issues in its establishment and possible risks. How much can the value of property/property rights/services in the past be determined?
5) How does the system of reviewing property valuation reports and the mechanism for holding appraisers accountable work?