Electronic auctions of seized property as a mechanism for ensuring the rights of participants in executive proceedings

The article is devoted to the study of the legal nature of electronic auctions of seized property as a mechanism for ensuring the rights of participants in executive proceedings. As part of the scientific research, the author reveals the legal nature of electronic auctions of seized property based on the analysis of their legal regulation, formulating conclusions about the role of this institution in the system of executive proceedings. The author emphasizes that electronic auctions as a special mechanism of enforcement proceedings must have a clear, consistent and unambiguous legal regulation in national legislation, since this type of activity directly affects the property rights of participants in enforcement proceedings, in particular, the right to private property, which is guaranteed to a person by the Ukrainian and international law. The article examines the legal nature of electronic trading through the prism of institutions of public electronic services and administrative services, as well as the institution of entrepreneurship. The author substantiated the conclusion that the researched institute is not a form of providing electronic or administrative services provided by the state at the request of a certain subject, nor can it be considered a separate type of entrepreneurial activity, given the multi-subject nature of the goal. The article concludes that electronic auctions of seized property by their legal nature belong to the category of measures of administrative influence on the participants of executive proceedings in terms of their property rights. This measure has an electronic legal form of forced alienation of property or property rights, which is used to ensure full, timely and legally executed decisions of courts and other bodies in executive proceedings. The role of the investigated institute is determined by the provision of a compensatory function in the enforcement proceedings, which guarantees the debt collector the acquisition of the right of ownership of the sum awarded by the court, through the forced sale of the property belonging to the debtor through electronic auctions.