CONCEPT AND SYMPTOMS OF REALIZATION OF BROWNED NON-CURRENT PROPERTY THROUGH ELECTRONIC TENDERS (ADMINISTRATIVE AND LEGAL ASPECTS)
Journal Title: Юридичний бюлетень - Year 2018, Vol 7, Issue 2
Abstract
In the article the concept and signs of realization of the arrested immovable property through electronic trading are disclosed. It is proved that the state uses electronic tenders as an instrument for achieving positive results of state policy. In particular, the gradual introduction of e-bids (auctions) at the state level allows to more effectively carry out not only administrative functions, but also provide protection and restoration of violated rights and legitimate interests of citizens. There are five main features of the realization of arrested immovable property through electronic trading: 1) there are grounds for the enforcement of the property of the debtor; 2) it is impossible to ensure satisfaction of the claims of the creditor in another way – at the expense of the recovery of funds or movable property of the debtor; 3) use of the Internet; 4) a double form of expression of the procedure for the realization of the arrested immovable property – internal (a set of executive subprocedures) and external (contract of sale); 5) the specificity of the investigated legal relationship, expressed in their subjects. It is proved that the realization of arrested immovable property by electronic auction by its nature is a kind of legal mechanism aimed at satisfying the legitimate requirements and interests of the creditor and manifested through its own specific features. This mechanism may only be used in the enforcement proceedings and only on condition that it is not possible to enforce the recovery of the debtor's other property, other than immovable property.
Authors and Affiliations
Олексій Олександрович Круговий
Keywords
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