HOW TO PROPERLY APPEAL ELECTRONIC TRADING DECISIONS, IF THE WINNER OF ELECTRONIC BIDDING IS AN INDIVIDUAL

Jurisdiction of cases on the appeal of electronic auctions is determined by the terms of the parties to the transaction. If the acquirer (the winner of the electronic bidding) is an individual, the case is subject to consideration in the civil proceeding.

Such a conclusion was made by the Supreme Court on the results of consideration of the case № 910/856/17. According to the fable during the consideration of the case on the recognition of electronic tenders invalid, the court of first instance refused to satisfy the petition of the party to involve the co-defendant (the winner of the electronic auction, which was an individual) and considered the case according to the rules of economic legal proceedings. The Supreme Court ruled that in the case of the invalidation of an agreement entered into on the results of conducting electronic auctions, all parties to the transaction should be involved in the role of respondents - the state executive service, the bidding organizer and the winner. Since one of the parties to the case at hand was to be a winning individual, in which the request for recourse was unsubstantiated, the Supreme Court quashed the decisions of the courts of the first and appellate courts, closing the proceedings.