Interview with the head of the USPA

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Billion-dollar losses, transit restoration and port digitalization.
Acquisition of property based on the results of electronic auctions is a special type of purchase and sale agreement, under which the owner of the alienated property is the debtor, and the sellers who have the right to forcefully sell such property are the state enforcement service and the organizer of electronic auctions. The buyer, respectively, is their winner. Based on the above, the parties to the agreement drawn up based on the results of electronic auctions are the sellers - the state enforcement service and the organizer of these auctions, and the buyer - the winner of the auction (see the resolutions of June 5, 2018 in case No. 910/856/17 (paragraphs 40-41), of July 7, 2020 in case No. 438/610/14-ts (paragraph 56)).

Since the sale of property at a public auction is a transaction, the latter can be challenged under certain conditions (in particular, if such a method of protection is effective for the plaintiff), and not the protocol as a document special database certifying the commission of this transaction. Requirements for the invalidation of the protocol of public auctions are an inappropriate and ineffective method of protection . The same approach should be applied to challenging another document - the act on the conducted electronic auctions (see the decisions of the Grand Chamber of the Supreme Court of September 15, 2022 in case No. 910/12525/20 (paragraph 104), of September 28, 2022 in case No. 483/448/20 (paragraph 9.66)).

CONCLUSION: In view of the above, the two relevant requirements are inappropriate and ineffective: "on the invalidation of the protocol and the act on the conducted electronic auctions."

A claim for invalidation of electronic auctions may be interpreted by the court as a claim for invalidation of the relevant sales contract. However, this claim can only be an effective means of protection under certain conditions, for example, if the plaintiff and defendant are the seller and the buyer under the sales contract.