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: 10.25136/2409-7136.2017.5.19969

Abstract: The research subject is the set of legal provisions aimed at the regulation of relations in the field of pledge of rights of corporate members, the practice of their application by antimonopoly service and courts, and the set of theoretical provisions about pledge. The author analyzes the problem of the legal nature of pledge over shares of an LLC’s registered capital, outlines topical legal problems, and offers the ways to solve them. The author also raises the question of realization of this subject of pledge on public markets. The research methodology is based on the set of general scientific and specific methods of jurisprudence such as analysis, synthesis, specification and abstraction, the comparative-legal, formal-legal, technical-legal, sociological methods, and the method of legal modeling. The scientific novelty of this study consists in the fact that though there are particular works on this topic, the issue of pledge of rights of corporate members hasn’t been studied sufficiently enough yet. Based on the analysis of sources, normative acts, judicial practice, and the practice of public marketing, the author offers concrete measures for the solution of particular legal problems, connected with pledge over shares of companies and their further realization on public markets for the purpose of meeting the liabilities to creditors.