Actual problems of the antimonopoly requirements` observance in the bidding for the sale of land in the Russian Federation

Abstract:

A comprehensive view of the topic of Antimonopoly regulation in the sphere of land auctions for the Russian legal science and legal science other Eastern European countries is highly relevant. The importance of such research is that foreign companies having business in Russia are not always aware of specificity in land tendering legal regulation and antimonopoly requirements in this sphere.

Moreover, the practice of violation of antimonopoly legislation in the sphere of land tendering and probable means of legislation improvement may hereby present more interest for them. The authors cite and analyze various typical violations in the sphere of land tendering, including publication of land auctions notices in an improper printing agency; lack of applications registration and putting forward extra requirements towards the participants; display for land parcels auctions for which no technical specifications of networking have been determined and no payment for such networking has been established; attempts of local administration to provide land parcels without prior approval of the objects’ places of location and without auctions (though such a procedure is of an extremely local character and is only performed in cases expressly specified by the Federal Law); collection of extra and illegal fees from physical and legal entities for participation in auctions; tendering in cases when they are not to be carried out under the Law (gardening, haymaking); underpricing of a land parcel, etc.

Eventually a conclusion is drawn on the effectiveness of auctions which shall be secured by establishing a legal procedure which details and definitely determines tendering regulations, requirements towards the participants and order of agreement’s conclusion. Control on the part of antimonopoly bodies, undoubtedly, allows forming barriers for dishonest participants of the auctions.

The authors assume that it is rather difficult to achieve absence of mal-usage by means of coercive measures in this sphere. Auctions may only result in contract conclusion under fair terms and conditions if all the participants of relations hereof apply a principle of good faith while determining a vector of their behavior.