Nataliya V. Ershova

The subject of research in this article is issues related to the powers of antimonopoly authorities to consider complaints about auctions conducted in bankruptcy proceedings. The article provides a law enforcement interpretation of the concept of mandatory bidding, analyzes the practice of the Supreme Court of the Russian Federation, including the recognition of non-valid letters from the FAS of Russia, which have regulatory properties. The author examines the relationship between the legal mechanism for canceling auctions, applied by antimonopoly authorities based on the results of complaints, and the institution of invalidation of auctions, enshrined in the norms of Article 449 of the Civil Code of the Russian Federation and applied as part of judicial control over auctions conducted in bankruptcy proceedings. The author concludes that the procedure for reviewing complaints by antimonopoly authorities, provided for in Article 18.1 of the Law on Protection of Competition, is not an independent instrument of antimonopoly control, but acts as one of the legal mechanisms for exercising the powers of the FAS, enshrined in Article 17 of the Law on Protection of Competition. Based on the law enforcement approach of the Supreme Court of the Russian Federation, the conclusion is substantiated that auctions conducted in bankruptcy proceedings are not subject to antimonopoly control in terms of the goals and objectives of the Law on Protection of Competition.