Features of the administrative procedure for implementation of the processed non-current property through electronic biddings

Authors

  • Yevgeny Leheza University of Customs and Finance Volodymyra Vernadskoho str., 2/4, Dnipro, Ukraine, 49000, Ukraine https://orcid.org/0000-0001-9134-8499
  • Oleksii Kruhovyi University of Customs and Finance Volodymyra Vernadskoho str., 2/4, Dnipro, Ukraine, 49000, Ukraine

DOI:

https://doi.org/10.15587/2523-4153.2019.163513

Keywords:

administrative procedures, administrative procedures for the realization of arrested real estate through electronic tenders

Abstract

The article reveals the peculiarities of the administrative procedure for the realization of arrested real estate through electronic trades. The procedure for realizing arrested immovable property through e-commerce would seem to be more or less settled, however, the preparatory stages for its actual implementation contain a number of gaps in the law and the points by which it is possible to interpret the actions of both the executors differently and the procedure of implementation of the arrested real estate of the debtor. So, in the case of the registration of a minor child in the housing of the debtor, the procedure for the realization of such property becomes almost impossible. Or, for example, in the case of a violation of the procedure for assessing real estate, the possible consequences in the form of complaints about the actions of the executor or judicial recognition of the report on the assessment of immovable property invalid, which in turn complicates the further implementation of the procedure.

In connection with the above it is necessary to change the approach as to the preparatory stages of the procedure for collecting the debtor's property and for the further realization of such property on e-trades. It is necessary to pay attention to existing problems in the enforcement proceedings and to fully outline them, which in turn will help to identify gaps in legislation and improve the provisions of the law

Author Biographies

Yevgeny Leheza, University of Customs and Finance Volodymyra Vernadskoho str., 2/4, Dnipro, Ukraine, 49000

Doctor of Law, Associate Professor

Department of Administrative and Customs Law

Oleksii Kruhovyi, University of Customs and Finance Volodymyra Vernadskoho str., 2/4, Dnipro, Ukraine, 49000

Postgraduate Student

Department of Administrative and Customs Law

References

  1. Legeza, Ye. O. (2016). Theory of Public Services: Administrative and Legal Component. Kherson: Publishing House "Helvetica", 452.
  2. On the state registration of real rights to immovable property and their encumbrances (2004). Law of Ukraine No.1952-IV. 01.07.2004. Official Bulletin of Ukraine, 30, 140.
  3. The Constitution of Ukraine (1996). Law of Ukraine No. 254k/96-ВР. 28.06.1996. Information from the Verkhovna Rada of Ukraine, 30, 141.
  4. Martyniuk, O. A. (2014). Problems of state registration of real rights to immovable property. Journal of the Kyiv University of Law, 3, 175–177.
  5. Lipinsky, V. V. (2018). Administrative procedure: concepts, signs, principles. Odessa Legal Readings. Odessa: Publishing House "Helvetica", 96–98.
  6. Kulinich, P. F. (2005). State registration of rights to land property and land cadastre: concept, relation and legal basis. Legal magazine, 11 (41), 35–42.
  7. Kecha, A. S. (2016). Administrative-legal regulation of state registration of real rights to real estate. Odessa, 228.
  8. Zelenkova, І. І. (2017). The procedure for collecting debts to the debtor's property in the executive process. Ivano-Frankivsk: Ivano-Frankivsk University of Law named after King Danylo Halytsky, 195.
  9. On enforcement proceedings (2016). Law of Ukraine No. 1404-VIII. 02.06.2016. Bulletin of the Verkhovna Rada of Ukraine, 30, 542.
  10. Fursa, S. Ya. (2013). Some conceptual approaches to solving the problems of collecting debtors' property in the executive process of Ukraine. Bulletin of Kiev National University named after. Taras Shevchenko. Law Sciences, 4 (98), 8–12.
  11. Vinciaslavskaya, M. V. (2013). Understood and their role in executive proceedings. State and Law. Legal and political sciences, 59, 298–302.
  12. On approval of the procedure for the implementation of the arrested property (2016). Order of the Ministry of Justice No. 2831/5. 29.09.2016. Official Bulletin of Ukraine, 76, 179.
  13. On evaluation of property rights and professional appraisal activity in Ukraine (2001). Law of Ukraine No. 2658-III. 12.07.2001. Official bulletin of Ukraine, 34, 1577.
  14. National Standard No. 2 "Real Estate Valuation": Resolution of the Cabinet of Ministers of Ukraine No. 1442. 28.10.2004. Official Bulletin of Ukraine, 44, 2885.
  15. National Standard No. 1 "General Principles of Appraisal of Property and Property Rights" (2003). Resolution of the Cabinet of Ministers of Ukraine No. 1440. 10.09.2003. Official Bulletin of Ukraine, 37, 1995.
  16. Constitution of Ukraine (1996). Law of Ukraine No. 254k/96-ВР. 28.06.1996. Information from the Verkhovna Rada of Ukraine, 30, 141.
  17. Resolution of the Supreme Court of Ukraine of 16.04.2016 on the case No. 3-242h16 (2016). Herald of the Supreme Court of Ukraine.
  18. Dayinha, M. A. (2015). Modern state and prospects of improvement of legal regulation of conducting land auctions. Scientific herald of the National University of Bioresources and Nature Management of Ukraine, 232, 74–81.
  19. Instruction on the organization of the enforcement of decisions (2012). Order of the Ministry of Ukraine № 512/5. 02.04.2012. Official Bulletin of Ukraine, 27, 1018.

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Published

2019-04-10

How to Cite

Leheza, Y., & Kruhovyi, O. (2019). Features of the administrative procedure for implementation of the processed non-current property through electronic biddings. ScienceRise: Juridical Science, (1 (7), 29–34. https://doi.org/10.15587/2523-4153.2019.163513

Issue

No. 1 (7) (2019)

Section

Juridical Science

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Copyright (c) 2019 Yevgeny Leheza, Oleksii Kruhovyi

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