DOI: 10.25136/2409-7136.2019.2.27516

Abstract: In his research Bronnikov suggests a new mechanism of sale of particular types of pledged property through a bidding process. These types include goods that lose their consumer attributes in a short period of time (perishable goods) as well as slow stock assets or assets which liquidity may be reduced sharply under the influence of certain factors (for example, some kinds of securities). This mechanism includes the need to arrange and conduct bidding even if there is only one appeal for participation; and conclusion of the purchase/sale agreement with a single participant even if there is no competition or demand instead of declaring such a bidding as void. The methodological grounds of the research include a combination of general research methods such as systems analysis, summary of research concepts and manuals. In addition, the author has also applied special research methods such as formal law, technical law methods and legal modelling methods. The research results allow to conclude that implementation of the purchase/sale agreement with a single bidding participant will allow to avoid a whole number of problems and additional risks while promoting the sale of slow stock pledged property and, consequently, having good effect on adaptation of a bidding process to pledge legal relationship as well as use of pledge as a security deposit in general. 

DOI: 10.25136/2409-7136.2019.1.27495

Abstract: In his article Bronnikov analyzes the pledge that is mandatory for applicants seeking participation in the bidding as the means of security of the bidding. He also compares it to the security payment. Comparing the legal peculiarities of these means of obligations' security, the author of the article comes to the conclusion that unlike the pledge, the security payment better suits for the role of security of obligations during the bidding. Just so, the security payment does not require a written contract to be concluded, thus the fact of making the security payment by an applicant seeking participation in the bidding may be already acknowledged as the contract conclusion. Moreover, the return of the security payment in case the bidding process organizer declines the offer does not contradict to the eforcement function that it has (unlike in case of the pledge). The methodological basis of the research is a set of general research methods such as systems analysis, synthesis, clarification and abstraction, generalisation of research concepts and legal material, systems structured analysis, logical and analytical method. The researcher describes specific features of using the security payment in the process of the organisation and conduction of the bidding and proves that the security payment is a good alternative to the pledge. The use of the security payment creates additional guarantees for the bidding process organizer including the guarantee of fair practices of all bidding participants who are ready to submit the security payment instead of the pledge.