Educational program: features of conducting competition and auction procedures in electronic form

We often encounter the fact that for many citizens, and sometimes even for the participants in these procedures themselves, the differences between a competition and an auction conducted electronically remain not entirely clear. I would like to emphasize that these are two completely different competitive methods of property privatization, including in terms of choosing a winner; each of them has its own nuances– the press service quotes Anna Anyukhina.

An electronic auction involves open bidding with a fairly simple application form, initially without a price parameter. Further, during the auction itself, its participants voice price proposals, the highest price is set, on the basis of which the winner is selected. The procedure for holding an auction is established by Article 18 of Federal Law No. 178-FZ of December 21, 2001 “On the privatization of state and municipal property” (hereinafter referred to as Law No. 178-FZ). Based on the results of the auction, an agreement is concluded with the winner of the auction in electronic form.

If only one person, recognized as the sole participant in the auction, submitted an application to participate in the auction, the contract is concluded with such a person at the initial sale price of the property. However, if the person recognized as the sole participant in the auction refuses to enter into an agreement, the auction is declared invalid.

In turn, an open competition is a method of selecting proposals in which applications for participation are submitted simultaneously with price proposals. At the same time, the criteria for selecting the winner is compliance with a combination of various characteristics, including price. The procedure for holding the competition is established by Article 20 of Law No. 178-FZ.

However, it is very important to understand that, unlike an auction, a competition in which only one participant took part is considered invalid,” explained the deputy chairman.

In addition, it should be noted that To participate in both auctions and competitions in electronic form, applicants must make a deposit to participate in the auction. If the initial price of property at an auction or competition is less than 100 million rubles, then the deposit is 10% of the initial price; if the initial price exceeds 100 million rubles, 20% is required as a deposit from the starting price.

For reference: the above requirements also apply to relations arising during the privatization of municipal property that makes up the treasury of the corresponding municipality.

source: Information Policy Department of the Ministry of Information of the Republic of Crimea