Public auctions have been known since the time of. Public auctions: notice, procedure

In a legally formalized form, auctions have been known since the times of the Roman Empire. At the auction, prices were reduced as new proposals from suppliers and contractors were received, and the buyer was given the illusion of finding the “right price” for the required goods and services.

In Russia, the first steps towards legislative formalization of the public auction procedure date back to the mid-seventeenth century, when “manual entries made by artel workers who won in a row were introduced, so that one could be trusted.” In 1712, such elements of bidding as widespread notification of the population, recording of all proposals received, and publicity became mandatory.

The mechanism for using tenders was considered as a measure to prevent the irrational spending of public funds. Even in the decrees of the early eighteenth century, the public nature of auctions was declared as a measure to suppress abuse by officials on the one hand, and collusion by contractors on the other. The “Regulations on the management of the Admiralty and the shipyard, approved by Peter the Great in 1722, contained a whole set of requirements for the procedure for issuing contracts, which quite strictly regulated the procedures for organizing and conducting tenders. This was due to the expansion of state entrepreneurship, when the state intensified activities to create factories and factories for the production of military materials, mining enterprises, legal norms were developed that strengthened the legal and financial responsibility of bidders for compliance with their obligations.

At the turn of the 19th and 20th centuries, technical and organizational improvement of production was intensively carried out in industrialized countries. The processes of concentration of production as capitalism develops is accompanied by changes in the sectoral focus of trading. Bidding for the supply of mainly consumer goods and the issuance of contracts for the construction of administrative and residential buildings is being replaced by bidding for the supply of investment goods and the construction of industrial facilities.

International tenders have become an arena of intense competition between monopolies of developed countries for obtaining orders for supplies and contract work, and the main sales channel in leading industries, mechanical engineering, energy, and metallurgy. The growth of state-monopoly regulation of the economy had a particular impact on the increasing role of trading in intra-economic life in developed countries. The increase in state spending on military and civilian purposes and the expansion of public works led to a significant increase in the volume and expansion of the sectoral focus of orders paid for by the state. In this case, bidding becomes the most important element of the system of pricing and control of state-capitalist contracting.

Having historically emerged as a form of searching for correspondence between price and the value of a product, bidding at the present stage acts as an important means of regulating the level of contract prices, as well as an element of state regulation of foreign economic relations.

Relatively recently, a law was adopted whose provisions regulate those who are in pledge. The procedure for their organization is defined in Federal Law No. 102, Art. 59. Let us consider further how it is carried out.

General information

Public auctions are organized at the location of the objects. Previously existing regulations provided for the obligation to publish in the official publication information that the event took place within 30 days. from the date of its completion. This notice indicated the date, place of the auction, as well as the price of material assets that were sold. Currently, this period has been reduced to 10 days.

Specifics

Notice of public auction published on the official website of the FSSP. In this case, the information must be sent to the territorial divisions of the service. If there are entities that are willing to participate in the auction, they must make a deposit. Typically its size is 5% of the cost of material assets. If they are found unsuccessful, these persons will receive the deposited funds in full. If at the end of the event the subject refuses to pay for the purchased items, the deposit will not be returned.

Agreement

The entity that wins the auction signs the agreement. The contract is drawn up with the auction organizer. The document contains all information about the entity that purchased the property, the date, and location of the event. Information from the contract will serve as the basis for entering data into the Unified State Register.

Participants

On public auction for the sale of real estate property may be admitted to a limited number of subjects. As a rule, the event is attended primarily by persons who have the right to use the facilities. These may include relatives, friends, and acquaintances of the mortgagor. The pledge holder can also participate in the auction.

Making a deal

The person who offers the highest price for the objects is considered the winner. After the subject is recognized as such, an auction protocol is drawn up. The person who wins the auction signs it. After this, a purchase and sale agreement is drawn up. Within five days he must make payment for material assets in full. In this case, the previously paid deposit is included in it. Funds are transferred to the account of the event organizer.

Recognition of the auction as invalid

The regulations provide several requirements that must be met to recognize the legality of the event. The first concerns the number of people present. If not a single person came to the event or there were less than 2, the auction will be declared invalid. An auction can also be considered unsuccessful if the winner did not pay the full amount for the acquired material assets. After the auction is declared invalid, the pledgee may become the owner of the objects. However, for this it is necessary to conclude an appropriate agreement. It is signed with the pledgor according to the rules provided for in the Civil Code. The document expresses the debtor's consent to transfer the items into the ownership of the creditor. If this transaction does not take place for some reason, repeated public auctions may be organized no earlier than after 1 month. The total cost of objects should be reduced by 15%.

Nuance

Participants in a disputed legal relationship may conclude. In accordance with it, the creditor may terminate collection if the debtor pays off his obligations in full. In this case it may be cancelled. If the settlement agreement is concluded after the date of the event is announced, the debtor will have to pay all losses that were associated with its organization.

Seizure of material assets

As part of one of the most common measures to ensure the implementation of a court decision, it acts as a procedural act emanating from a government agency and is obligatory not only for the debtor himself, but also for third parties whose interests are affected by it. The latter, in particular, may be deprived of the right to dispose of material assets included in the inventory. However, restrictions may be imposed regardless of whether the objects are in the possession of the debtor or these third parties. Seizure of items for subsequent sale is carried out five days after the seizure. In this case, the deadline for this is set directly by the bailiff. An FSSP employee, in the process of carrying out enforcement actions, in the presence of appropriate circumstances, may confiscate all or some of the items at the same time as completing the inventory.

Specifics of object implementation

Seizure and sale of seized property subject to rapid deterioration is carried out immediately. The sale of items is carried out by a specialized government agency under the Government. The sale of seized property is carried out according to rules similar to those provided for pledged items. The proceeds from the sale go to pay off debts to creditors and the state.

Recognition of a subject as insolvent

Public bankruptcy auctions are traditionally organized at the stage of external management. The sale of material assets belonging to the debtor is most consistent with achieving the goal of recognizing the insolvency of the subject. The external manager organizes an open public auction for bankruptcy, provided that such an event does not lead to the suspension of the debtor's work. He has the right to sell the entire enterprise of the subject, using the proceeds to pay off obligations to creditors. In this case, the realization of values ​​is focused on restoring the solvency of the company. Insolvency proceedings have a slightly different goal. After the sale of property, the funds are used to pay off debts to creditors, and then the entity is declared bankrupt.

Normative base

Federal Law No. 296 introduced many amendments to Law No. 127. In particular, they regulated the procedure for selling the debtor's assets at auction somewhat differently than was previously accepted. As before, the insolvency statute favors an auction in which the winner is determined by price alone. Competitive bidding was previously organized only in cases that were directly determined by Federal Law No. 127. Currently, their list remains unchanged. However, the current version of the normative act establishes that auctions are organized if, in relation to the property, the acquirer does not have to comply with any conditions determined by the decision of the creditors.

Open and closed events

Which the legislation allows, differ primarily in the composition of participants. Thus, any subjects can be involved in public (open) auctions, and only specially invited ones can be involved in closed ones. In the legislation, however, preference is given to the first category. Bidding may be closed or open depending on the form of price proposals. In the second case, they are submitted orally by the participants of the event. For this, a step-by-step auction form is used. In sealed bidding, bids are submitted in sealed envelopes to the organizer. This can be done on the day designated for their submission, or directly at the auction. At the same time, the legislation also provides for mixed forms of bidding. For example, they can be open in terms of the subjects participating in them, and closed in terms of the method of submitting proposals, or vice versa.

Bidding, sale under the hammer, sale under the hammer, auction Dictionary of Russian synonyms. public auction noun, number of synonyms: 4 auction (11) ... Synonym dictionary

This is the sale of property or the conclusion of a contract or contract for the provision of services by inviting those wishing to participate in the auction. Bidding is carried out in the form of an auction or competition. The obligation to conduct public auctions in certain... ... Wikipedia

Sale of property or delivery of government contracts and supplies to the one who shows the most favorable prices. Dictionary of foreign words included in the Russian language. Chudinov A.N., 1910. PUBLIC TRADES a special procedure for the sale or delivery of government... ... Dictionary of foreign words of the Russian language

PUBLIC TRADES- OPEN (PUBLIC) TRADES… Legal encyclopedia

Public bidding- (Latin auctio; English sale by public cant, open sale) sale of property or award of a government contract by calling those wishing to take part in the auction. See also: Conclusion of a contract at auction... Encyclopedia of Law

- (see OPEN BIDDING) … Encyclopedic Dictionary of Economics and Law

public auction- see auctions. * * * (Latin auctio; English sale by public cant, open sale) sale of property or award of a government contract by calling those willing to take part in the auction. See also: Conclusion of a contract at auction... Large legal dictionary

By the most general definition, bidding is the conclusion of a legal transaction with any person who offers the most favorable conditions. Bidding allows you to take into account and use the competition mechanism as much as possible and achieve the most profitable results, putting forward more stringent conditions and requirements for performance guarantees.

In a legally formalized form, auctions have been known since the times of the Roman Empire, where they were divided, according to Roman law, into three categories:

• 1) labor bidding;
• 2) bidding for labor and materials;
• 3) bidding for the supply of materials.

In essence, they served as the equivalent of labor time socially necessary for the production of a particular product. Therefore, purchases and sales were carried out in the form of public auctions. They differed in the composition of participants, in the types of obligations assumed and in financial conditions. In the first case, the differences are based on individual, physical, legal and group subjects (offerers) of the auction. In the second case, the difference is based on contract agreements. Bidding on financial terms varies between bids, credit basis discount and cash payment; trading with commodity exchange operations.

> The result of trading is a transaction, a specific agreement. In addition to the market situation (the desire to obtain maximum profit taking into account competition), trading also has various psychological reasons. Among them is the belief that an agreement is reliable if it is achieved through struggle. Another partner loses his sense of self-respect if he did not bargain. Trading sometimes evokes genuine passion and becomes a behavior and even the rules of the game. A person who finds himself in an oriental bazaar, even if he did not intend to buy anything, loses the respect of others (“loses face”) if he did not bargain. Why then did you come to the market?

Along with psychological aspects, there are important methodological aspects in trading that are directly related to negotiations. Janos Nerges, author of the book<-Поле битвы - стол переговоров”, отмечает, что любой процесс, посредством кото­рого два или несколько участников достигают некоторого единства, при котором их действия становятся взаимодополня­ющими, является торгами. Причем достижение наиболее бла­гоприятного результата связано с использованием определен­ного метода.

Many processes, not just buying and selling, can be viewed and explained in terms of trading. This is a trial, like a bargaining between the defense and the prosecution, any coordination of actions and decisions that involves mutual concessions.

Any bargaining is a specific form of conflict resolution and resolution. The very fact of bidding suggests that the parties are looking for a compromise, and the search proceeds in the direction of finding the most profitable solution. It is not identical to the maximum requirements of the negotiators or their claims, claims and expectations. The optimality of a compromise is the exclusive prerogative of bidding, based both on a comparison of conflicting positions and on taking into account the entire existing situation.

The first step in which the parties make an application is of great importance. Its peculiarity is such that even with the maximum request it should look like an acceptable basis for further discussion, taking into account rate increases (within the limits of possible) or concessions that do not go beyond the profitability of the entire enterprise. Trades are also distinguished by the fact that they are “doomed” to be effective. J. Nergesh gives the following explanation: a football match, in contrast to trading (negotiations on mutually beneficial terms), is characterized by the fact that its duration is known, but the result is not known. In the case of auctions, we know their result, but we do not know during what time (at what cost, with what effort) it will be achieved.

The question posed by J. Nergesh is by no means trivial: if the situation is so obvious, then why don’t the parties leave the bargaining and move on to concluding an agreement immediately? According to O. Bartosh, this is explained by the internal contradiction that inevitably arises during negotiations or bidding between cooperative and competitive behavior, i.e. between attitudes towards cooperation and competition. In his opinion, negotiators cooperate loyally only as long as they are forced to do so. If they sense an opportunity to avoid cooperation, they immediately turn into ruthless competitors and strive to wrest from each other the maximum possible concessions.

The question of what is more in bargaining - struggle or concessions,

• - also difficult. In essence, the internal motivation for trading is
• *you to me, I to you,” therefore, concessions are a necessary feature of this form of cooperation. The main thing is that concessions must be mutual and justified. If the first step, counting on goodwill, begins with a concession, but immediately encounters a derogatory response, then normal bargaining in such a situation is impossible. Intense competition begins. Therefore, when starting a trade, you should not attribute darker intentions to your partner than your own. Otherwise, suspicion in bidding will become the main motive for interaction. The main law of bidding can be called the following: the measure of concession must be balanced by the measure of acquisition. This is precisely the basis on which balance is established in the claims of the parties.

Auctions are the public sale of goods, securities, property, works of art and other objects. It occurs according to pre-established rules, buyers compete with each other. Trades have affected almost all spheres of human life, and their history goes back to the depths of time. So no one knows how, when and under what circumstances the first auction took place.

“AUCTION” translated from Latin means “increase”, “multiplying”.

The first mention of this form of transactions dates back to 500 BC. e. and are associated with a product that is exotic for modern society - young girls.

In Ancient Babylon, auctions of wives were held, where anyone could purchase a spouse. The auction was to lower the price: the one who first agreed with the named amount became the husband. Nowadays this system of determining the cost is called Dutch.

In the Roman Empire at the turn of our era, auctions were popular for the sale of family property and goods looted during wars. For example, the Roman emperor Marcus Aurelius sold furniture to pay off his debts. When selling war booty, the auctioneer stuck a spear into the ground when the auction was over.

Now such a signal is the blow of a wooden hammer. With the fall of the Roman Empire, auctions disappeared from the radar of historians. New data about them dates back to the 16th century and refers to Holland. Mostly, unnecessary items (furniture, household items, etc.) were auctioned, so their price always decreased as the auction progressed. And the auction itself was more reminiscent of a modern sale. The development of international trade, the Great Geographical Discoveries, and the improvement of the global credit and banking systems led to the spread of trading throughout Europe. They began to be held in England, France and Germany, and in the first half of the 18th century the famous auction houses: Sotheby’s and Christie’s began to operate.

PETROVSKY TRAIL

Public auctions came to Russia from Europe with other Peter the Great innovations.

During the Great Embassy, ​​the Emperor took part in many auctions, where he bought books, tools, various curiosities and so-called antiques (ancient things). Most of the exhibition of the first museum in Russia - the Kunstkamera - was collected from items acquired at European auctions.

The beginning of auction activity in Russia is considered to be the decree of Peter the Great “On the sale of confiscated belongings from the Magistrate,” which stipulated the conditions for the sale of such property through public auction. Within a few years, auctions began to be used at the state level for the sale of lands, estates, movable property, and agricultural products.

By the end of the 19th century, trading on overdue bank collateral became widespread. They were held not only in St. Petersburg and Moscow, but also in remote Siberian territories and the Far East.

One of the first official mentions of the term “auction” in Russia dates back to 1756. The decree of Her Imperial Majesty the Autocrat of All Russia (Elizaveta Petrovna) concerned the “sale by auction of real estate estates” in the Rostov and Rylsky districts. The archives of the Russian National Library contain similar decrees of Catherine the Great, Paul the First and other Russian emperors. In addition to organizing public sales, monarchs actively participated in foreign auctions through emissaries, acquiring valuables and objects of art. For example, the infamous ship Frau Maria, which sank in 1771 in the Baltic Sea, carried Catherine the Great works of Dutch masters purchased in Europe for the collections of the Hermitage and Tsarskoe Selo. The ship still lies at the bottom of the sea.

SOCIALIST REALISM

The First World War and the subsequent revolution included auctions in the list of relics of tsarism for several decades. In socialist Russia, where competition was not welcomed, and citizens were deprived not only of money, but also of essential goods, the very concept of “trading” contradicted state ideology. However, over time, the leadership of the Soviet Union came to the conclusion that some sectors of the economy required public auctions.

So, in order to streamline and centralize fur export operations, the Foreign Economic Association “Soyuzpushnina” was created in 1931, monopolizing the sale of Russian furs on the world market. Furs began to be offered at open auctions.

The first auction was organized in Leningrad in March 1931, where about 80 representatives from 12 countries arrived. As a result, 95% of furs were sold at an average price of 6-8% more than at the London auction, which took place in February of the same year. Over time, approximately 80% of all furs (from squirrel to sable) were traded this way.

Later in the USSR, racehorses, books, and art objects began to be put up for auction. Often the final prices for rare and expensive lots were negotiated informally with the potential buyer before the auction.

In the mid-70s, a major American businessman, Armand Hammer, purchased a rare Arabian horse at an auction at a stud farm in Pyatigorsk for $1 million in less than a minute, since this amount had previously been agreed upon at a private meeting with the USSR Minister of Agriculture.

With the beginning of perestroika, all types of goods began to be put up for auction - from art objects to refrigerators and spare parts for agricultural machinery.

In the late 1980s and early 1990s, antique trading began to revive.

In 1988, the first antique auction house in modern Russia, Gelos, was created.

HAMMER FOR THE STATE

The auctions gained the greatest popularity in the mid-1990s, when the state launched large-scale privatization.

In the Russian economy, auctions for the sale of enterprises, shares, and property of bankrupt people for subsequent settlements with creditors are most widespread.

The rules for organizing and conducting auctions have been legislated in the Civil Code of the Russian Federation since 1994.

In many cities, local property funds are being created to sell state real estate, land plots, enterprises, etc.

The last decade has been the most intense and successful for the development of the institution of public trading. Private auction houses with a narrow specialization began to appear, as well as such large multifunctional sites as the Russian Auction House.

GO ONLINE

The active development of auction activity in the world has brought it to the electronic level.

The spread of both public and private electronic trading platforms in the USA and Europe has led to the emergence of similar ones in Russia. They work in different sectors (real estate, agriculture, etc.), selling antiques, art and many other goods. A separate niche is occupied by private auction sites such as eBay and Molotok.ru, where anyone can sell something they own. For example, enterprising residents of the Chelyabinsk region put up parts of a meteorite that fell in February 2013 for online auctions.

Every year the volume of property sold on the Internet increases significantly. From 2011 to 2013 alone, more than 300,000 auctions were published on various electronic trading platforms in the country (excluding private auction sites). Since the beginning of 2011, their number has increased 12 times. The future of public sales is associated with the development of electronic trading.

However, nothing can replace the sound of a wooden hammer and the laconic “Sold!” from the mouth of the auctioneer.