Challenging public auctions in law enforcement practice: the edge of reason

Abstract

In the article, based on an analysis of the totality of law enforcement decisions on a single incident, successively issued by the antimonopoly authority and arbitration courts, the formulated positions are assessed and the legal problems arising in connection with this are examined, taking into account the legal principle of the balance of interests. A critical assessment is found by law enforcement conclusions about the impossibility of extending the deadline for accepting bids at public auctions when they expire. The author, including as a direct participant in the proceedings under study, argues that it is inadmissible to artificially expand the scope of control by the antimonopoly authorities over public auctions. The analysis can be used to formulate legal positions in the process of contesting both auctions in enforcement proceedings and bankruptcy auctions.