All auctions conducted within the framework of public procurement legislation can be divided into three main categories encountered more often than others. These are just open, open in electronic form or oaf, and closed.

It should be immediately noted that in most cases the customer will require

Open auction - Bidding, Simply put, open to everyone who wants to take part in them. To become a winner enough to provide the most low price execution of state or municipal order.

The UAEF (open auction in electronic form) is respectively bidding in an open form, only carried out exclusively in electronic form at special sites, with access to them via the Internet. Thanks to new achievements in computer technologies, this method of placement of the order is the most popular today. Development in this direction, simplified the document flow between the participants.

A closed auction is a type of non-public trading, "closed" from the majority, with limitations. For example, participants cannot know about the proposals of the rest, and data on auction, changes and other things are not subject to publication.

Federal Law No. 94-FZ Chapter 3.1 regulates an open auction in electronic form. According to him, and other acts, there is also a list of products and services for which the UAEF is required. His not so long ago approved the Government of the Russian Federation. The UAEF allows everyone, in open and free form will familiarize themselves with the conditions for the provision of the state and municipal contract. In addition, this kind of auction allows you to most effectively choose the optimal performer, and also to deal with corruption.

At the moment, five special shopping platforms for the electronic auction are highlighted - this is:

1. OJSC "Unified Electronic Trading Platform",
2. LLC "Indian Agency RTS",
3. CJSC Sberbank - Automated system trading ",
4. FSUE "Agency for Public Orders, Investment Activities and Interregional Relations of the Republic of Tatarstan",
5. CJSC MICEX - Information Technologies.

Basically, these sites are created to accommodate only government orders, besides them there is a fairly large list of sites for commercial procurement, nothing particularly different.

It is worth noting that in turn the UAEF can be represented in 2 species.

Auction for a decline - The type of bidding when his winner is determined by the sentence of the smallest performance price. As a rule, only in such a format is carried out electronic auctions of state and municipal orders.

Auction for raising - Type of trading when his winner is determined by the suggestion of the highest price for the product / service. In such a format, auctions can be found in electronic auctions on private sites.

Civil law of Russia determines the possibility of concluding contracts by carrying out trading. The essence of the auction comes down to predetermined the conditions for the implementation of obligations under which bidders on competitiveness and equality principles offer their conditions. The auction organizer identifies the winner among such participants and concludes a deal with him on the proposed and predetermined conditions. Part 4 of Article 447 of the Civil Code of the Russian Federation establishes the main types of trading and relates to them auction and competition that can be both open and closed. But it is also clarified that other types and forms of trading can be established. Given that the satisfaction of state and municipal needs is inevitably associated with the expenditure of budget funds, the law 44-FZ has established additional types of trading, which allow customers to make the most effectively implement state and municipal procurement. Naturally, not all purchases can be carried out by conducting trading, in such cases the purchase is produced at a single supplier directly. In all other cases, the customers use various classifications and types of trading, which we will consider in detail in this article.

The law on the contract system provides for such types of trading as:

• the competition, which, in turn, is divided into an open competition, a contest with limited participation, a two-stage competition, a closed competition, a closed contest with limited participation, a closed two-stage contest;
• auctions that have two species: an electronic auction and a closed auction;
• request quotations
• request for proposals.

From the above, I would like to note that at present, the types of electronic auctions are represented only by an electronic auction. In the near future it is planned to translate most types of trading in electronic form.

Such classification and types of trading are significantly expanding the possibilities of the customer for procurement, since depending on the procurement object, the customer chooses such a bidding form that will allow us to fully satisfy state or municipal needs. For example, the purchase of recreation organizations and their recovery is possible to implement in the form of an open competition, where the main criterion of the participant will not be the price of them proposed, but its qualifications. Thus, risks are reduced to determine the unscrupulous winner, which can bring more harm than good.

Competition

From the above, it is already possible to determine that the competition is such a form of procurement, which applies to complex and socially important procurement facilities. And no reason in this form of trading contains so much varieties. But their essence is about the same, the winner is detected in several criteria, varying degrees of importance. There are two such criteria groups, these are the value and non-valuable criteria. And in turn, if only the price of the contract is included in the group of value criteria, then the Group does not include the cost of operation and repair, functional, high-quality, and environmental characteristics, as well as the qualifications of alleged procurement participants. The customer at its discretion establishes at least two criteria (more than) one of which must be the contract price. At the same time, for some types of procurement by the Government in Resolution No. 1085, the limit values \u200b\u200bof the significance of such criteria were established to assess the applications of participants. The same resolution also established the procedure for assessing applications of participants.

Auction

In contrast to the competition in auction, the definition of the winner is carried out only by the criterion of the price proposed by such a member. As a general rule, the winner is recognized by the participant who offered the smallest price if the auction was initially reduced. But there are exceptions. So if the participants were dirty to 0.5% of the NMCC, then in this case, according to the law 44-ФЗ, a change in the type of auction occurs, an increase in the right to conclude a contract. The winner in this case is the participant who opposite offered the greatest price. And the contract with such a member lies only after he pays this price. Also, if two participants offered the same price, the winner is the participant who made its proposal earlier. The advantage of the auction before the competition is that the definition of the winner is much easier, due to this, the procedure itself is more quickly. An important factor in the popularity of the auctions by law 44-ФЗ in modern Russia It is an open auction only in electronic form. A distinctive feature This type of bidding is that a significant part of the functions for carrying out such purchases is translated from the Customer to the operator of the electronic platform, which collects applications of participants and the trading procedure itself. This, together with the above factors, makes the types of electronic trading in the most popular among customers.

Request quotes

This type of trading has collected elements in itself and from the competition and from the auction. So, the winner becomes the participant who suggested, as in the auction, the smallest price. But in contrast to the auction, the form and method of filing applications more like a contest. Applications by participants are submitted in envelopes and contain a price proposal. Unlike the auction, participants are not trading in real time, and do not assess their proposal for competitors. A feature of the request for quotations is also the limitations established by law 44-FZ. The customer cannot request quotes with NMCC above five hundred thousand rubles. Also, the total amount of such purchases should not exceed ten percent of the total procurement of the customer per year.

Request for proposals

Request for proposals This innovation of a law on a contract system, which differs from other types of trading in the fact that participants offer their proposals, which in the designated time disclosed by the Customer. After that, the participants have the right to submit their final proposal within one day. Thus, this procurement method is very similar to the quotation request, only participants see the proposals of their competitors and can change their final proposal, taking into account this information. At the same time, the request for proposals does not restrict the request for quotations, but this type of bidding can only be carried out in strictly defined cases.

Other types of trades

Not only the state and municipal customers carry out their procurement through trading. This method The conclusion of the contract is also very common among commercial organizations, since it allows you to identify the most successful business partners. Also, customers who carry out their purchases in accordance with the 223-FZ Volny law independently determine the types and forms of trading, which generated completely different types of trading, sometimes very exotic. But the general requirements for trading species are primarily identified by the Civil Code of the Russian Federation, where the bidding is enshrined and closed. This classification is determined by the degree of participants to them. And if anyone who meets the established requirements can take part in open auction, then participants defined by the customer are attracted to closed.

Having considered the concept and types of trading, I would like to additionally note that their diversity is not limited to those considered in this article, but the main and key types of trading in Russia we lit in detail.

Bidding is a specific form of trading, the result of which is achieved through a competition or auction

Information on the definition of auction, the rules for conducting auctions and competitions, including electronic trading using electronic trading platforms

Deploy content

Collapse content

Bidding is a definition

Bidding (bidding) is The specific form of the organization of commerce, in which the conclusion of the trade transaction between the seller and the buyer is preceded by negotiations in the form of a bargaining about the price of the goods.

Bidding (bidding) is The compact form of procurement, in which the buyer announces a contest for sellers for goods with certain technical and economic characteristics.

Bidding (bidding) is The method of concluding purchase and sale transactions or contract agreements, in which the buyer (Customer) announces a contest for sellers (contractors) for the supply of goods or the provision of services with predetermined characteristics and after comparing the proposals obtained, chooses the most profitable.

Bidding (bidding) is A combination of activities aimed at the auction sale of receivables of sellers carried out by the attorney according to the rules of Art. 447-449 of the Civil Code of the Russian Federation, as well as other applicable regulatory acts (NPA) of the Russian Federation.

Open Bidding (Open Bidding) – this is The procurement method in which the tender organizer publishes information on the procurement of goods, work in the media.

Competition (Competition) isa special form for issuing orders for the supply of goods or contracts to perform work, which involves attracting proposals from several suppliers or contractors to ensure the most profitable commercial and other transaction conditions for organizers of such trading.

Auction (from Latin Auctio) is Sale from a public bargaining and is the sale of such goods that possess individual properties and values. Their implementation is carried out from a public bargaining in a certain place and in advance set time.

Electronic Trading (Electronic Trading) isbidding through the Internet, on specialized sites (either the site-auction, or an electronic trading platform). Unlike conventional auctions, Internet auctions are held at a distance (remote) and you can participate without being in a certain place of holding, doing bets through the website.

Domestic trading (INTERNAL TRADING) - it Bidding with the participation of national firms ..

International Bidding (International Bid, Tenders) is The method of purchasing goods, placement of orders and issuing contracts, which involves attracting to a certain, predetermined sentence of proposals from several suppliers or contractors of different countries and conclude a contract with those of them, the proposal of which is most beneficial to the auction organizers (for the price and other commercial and specifications ).

World auction houses

In the art market, the English auctions of Christie are

swedish Bukowskis,

french Drouot. They exist not one decade (and some centuries) and steel during this time real "whales" in their field. True, the newly emerged auctions of Van-Ham and Dorotheum thanks to the right policies of the trades lightningly broke into this market, and crowded his old inhabitants.

Auction house christie "s

The Christie Auction House is one of the most respected bidding organizers.

His history Christie "S leads from 1766. Through the structure created by James Christie, the creator of this auction house, was held by the majority of great European artists: Impressionists, modernists, cubists. Currently Christie" S also offers works by masters whose paintings The expositions of many museums of the world are decorated. In addition to works of art, rare books, cars, cigars, collectible wines and other values \u200b\u200bare sold there.

Taking care of your reputation, Christie "S provides all lots by assessing experts. However, buyers still have to remember the proverb" Trust, but check ". After all, the art market in our time is rapidly filled with fakes. The annual turnover of Christie" s is 1.5- $ 2 billion at the auction houses with a hammer leaving work for completely unthinkable sums.

The picture of Vincent Van Gogh "Portrait of Dr. Gasha", sold in May 1990, became the most expensive. more than 80 million dollars

In July 2001 The work of Pablo Picasso from the series "Blue Period" - "Woman with arms crossed" - went for $ 55 million, which is twice as high as its starting price. Another 6 buyers claimed to masterpiece, ready to pay $ 32 million for him. A similar situation has developed in 1940. With the picture of Matisse "Persian dress." It was possible to sell for $ 17 million, whereas the initial cost was slightly less than $ 12 million.

Drowot auction house

Until July 10, 2000. France was the only country in the world, where auction trade was governed by the state. She was in the hands of special organizations - commissar prize-winners who were appointed by the Ministry of Justice. There was such an order from the XVI century. In the XVII century Specialized trading of works of art, arranged not at the court, and voluntarily. Since then, they have been clearly divided: auction supervised by commissar commissors under the jurisdiction of the state and voluntary auctions.

l`Hotel Drouot is an example of unification in the same Auction House of French Antiques and has become a real partner of the commissar commissions.

For the first time, DrUUOT spoke in 1852, when in the old hotel Pinon de Quincy, refurbished in the auction halls, went with the hammer of the property of the king of France Louis-Philippe. Today Drouot, perhaps, the most respectable auction house in France. Every year he organizes approximately 2 thousand auctions with a total of 2 million and annual turnover of about $ 60 million (data for 2002).

Almost everything was sold to Druoot: from sculptures to paintings, from houses to cars, from ancient antiques to the stairs of the Eiffel Tower. Here, the writers of Christopher Columbus and the autograph "Colors of evil" of Bodler. Through L "Hotel Drouot passed the work of almost all impressionists. Moreover, Druot sold the works of these artists since 1870, i.e. even earlier than they began to call impressionists. The pictures of Russian artists are often offered on Druot, many of which after the October Revolution Emigrated to France.

Today L "Hotel Drouot is 16 rooms on the 3rd floors. Judging by Engravings on the walls depicting Bidding in the XIX century, the situation has not changed much. One thing has changed - it became possible to buy a thing without being in the hall: via the Internet or by phone , in the correspondence rate.

Auction house Bukowskis

Buffet auction Bukowskis The most respectable among the Scandinavian auction houses is among the ten largest international auctions. It was created in 1870. In Stockholm, the Polish nobleman Henrik Bukovski. In 1870-1940, collectible meetings of royal families left here from the hammer. It is this fact that plus competent auction policy allowed Bukowskis to win a high international reputation.

In 1970 The representation of this auction house in Finland, Bukowskis opened. Since then, more than 100 auctions took place in Helsinki.

Dorotheum auction house

Dorotheum auction house created in 1701, located in Vienna. For 300 years, Dorotheum has become not only the largest auction house in the German-speaking space, but also the largest in Central Europe and one of the leading auctions in the world. More than 600 auctions per year, branches throughout Austria and Prague; Even in Moscow, Dorotheum has its own representative.

The auction house is distinguished by traditional Western professionalism - no lock, trading tighteners, sums in several currencies appear on a special screen very quickly. Huge lobby and marble stairs, exposition halls, literally overcrowded by jewelry (it is in this form of art that auction house specializes). What only does not leave the Dorotheum hammer: art of the XIX-XX centuries, classic modern, sculptures, furniture, watches, porcelain, autographs, brands, weapons, historic paper, ordinary.

Sotheby Auction House

The brightest page of the history of the famous house is associated with the name of Peter Wilson's director. A to get ahead of powerful competitors (including Shristie "s) a huge energy and commercial flair helped him: he earlier than others appreciated the prospect of the possibilities of the foreign art market.

Another achievement has become the triumphal sales of the work of impressionists and modern artists. For the first time he managed their paintings in expensive lots. The next step towards the triumph: the creation in 1955 the branches in New York. The branches opened in Paris, Los Angeles, Zurich, Toronto, Melbourne, Munich, Edinburgh, Johannesburg, Houustne, Florence.

In 1980, in New York, the auction price of the famous painting of the English artist Turner surpassed all previous and left for $ 6.4 million. In 1985, 9.9 million dollars were received for the "Landscape with the Rising Sun" Van Gogh was received.

In Zurich in 1969, the first European jewelry auction of the Swiss branch Sotheby is held, and in 1976 for the first time for a separate gemstone -Fame pink diamond - 1,090,000 dollars were received. One of the last jewelry "hits" in Geneva was the products of the Russian company Faberge. The amazing egg "Apple Blossom" at Sotheby's auction in 1996 was gone for 1,433,500 Swiss francs.

Among the "nails" of the 1990 season is a collection of Grea Grebo - 20,900,000 dollars, the scenery of the Plotin constable - 10,780,000 pounds, the handwritten gestation of the Duke of Northumberland (Animal Encyclopedia of the XIII century) - 2,970,000 pounds.

The creation of the Russian department has become another significant milestone in the development of the famous house. Today Sothebyis occupies a leading position in the global market. Trade of old Russian art is considered a promising direction, but it does not go beyond 1% of the total turnover of the firm.

Now the number of buyers from Russia has increased significantly: private individuals, commercial galleries entered the game, banks that mainly buy paintings of the XIX century. Among the high-profile sales of the last period (1995), you can call the "Portrait of Aurora Demidova" Brush K. Bryullov, for which the Tretyakov Gallery tried to fight.

Now annually auction house sells around 250 thousand works of art worldwide. Does not leave the firm of the traditional buckinist direction, sells jewelry. In addition, Sothebyis is engaged in selling land and immovable property. The turnover of the auction house is 135 million pounds annually.

In the Hong Kong in September of this year, the ring with a bright blue faceted diamond weighing six carats was sold for a record amount of six carats, he left the hammer for 8 million dollars.

Ebay auction

September 4, 1995 in San Jose (California) Programmer Pierre Omidyar Created auction called AuctionWeb as part of his personal website.

The first item sold on the AuctionWeb was a faulty laser pointer, for which 13.83 USD paid. By contacting the buyer, Pierre asked him, "Did you understand that the laser pointer is defective?". In response letter, the buyer explained: "I am a collector of faulty laser pointers».

The main idea of \u200b\u200beBay is the provision of online platform sellers for the sale of any goods. Ebay itself speaks only as an intermediary when concluding a sales contract between the seller and the buyer. Payment of goods and its shipment occurs without eBay. For the use of the platform, sellers pay a fee, usually folding from the collection for setting lots and the percentage of the sale price. For buyers use eBay for free.

T. K. EBAY profits directly depends on sales volumes made with this platform, there are enough liberal conditions on it. Any goods and services that do not violate the legislation of the country starting from February 23, 2010 are allowed at http://www.eim.ru.eim.ru.eu / began the work "International shopping center eBay "in Russian.

On June 20, 2012, it became known about the opening of the Representative Office in Russia. The position of the head of the Russian representative office was taken by Vladimir Dolgov, who since 2005 was the head of the Russian Google, and from 2000 to 2005. She held different senior posts in the online store Ozon.ru., in which the corresponding branch of EBay is registered and not included in the Black List of Ebay.

The winners in it can be a few. Another feature is that the participant in addition to the price should also specify the number of goods he wants to purchase. The "Proxy Bidding" system does not act here, this means that the maximum rate of each participant is known to all potential buyers.

The buyer has the right to not acquire lot, if he suddenly turned out that his share accounts for a smaller number of goods than he ordered. In this case, the remaining part of the products will be offered to the next participant of the auction.

Curious item: According to EBay rules, when the auction comes to the finish line, each winner pays for the price that was specified in the minimum successful rate. Since Ebay does not send notifications that you "left" the list of winners of the Dutch Auction, it takes from time to time to check the course of trading in order to make a new bet if necessary.

So you made your choice. If the lot you selected was marked by "AUCTION", immediately after completing the lot, eBay will send to your e-mail letter with a notification that you won the lot. In the same letter, the seller's data, the number and price of the won lot will be indicated. Only after that you can pay for the purchase. If you have acquired a lot with the mark "BUY IT NOW", you will need to pay the lot immediately or in the very near future. Sometimes, but surely the Seller can separately send you an account for the purchase, where the price and various payment methods will be indicated. Immediately before making payment, you must choose from the proposed options (or separately agree with the seller) the method of delivering goods, insurance. Separately, you can agree how to fill out the "Description of the parcel", "the stated value" (to facilitate the passage of the parcel at customs).

Rules for holding contests

The notice of the competition is posted on the official trading site at least 30 working days before the day of opening envelopes with applications for participation in the competition. The notice of the competition must contain the following information:

Name, location, postal address, email address and contact phone number of the competition organizer;

Location, description and technical characteristics of state or municipal property, the right to which are transmitted under the contract, including the area of \u200b\u200bpremises, buildings, structures or structures in the case of transmission of rights to the relevant immovable property;

The purpose of state or municipal property, the right to which is transmitted under the contract;

Initial (minimum) contract price (Lot price) with an indication of the initial (minimum) price of the contract (lot price) for the unit of the area of \u200b\u200bstate or municipal property, the rights to which are transferred under the contract, in the amount of the monthly or annual payment for the right of ownership or use specified property, in the amount of payment for the right to conclude a contract of free use of the specified property;

Term, place and procedure for providing competitive documentation, email address of the site on the Internet, which contains competitive documentation,

Place, date and time of opening envelopes with applications for participation in the competition and opening access to submitted in the form of electronic documents Applications for participation in the competition, place and date of consideration of such applications and summarizing the competition;

The requirement for making a deposit, as well as the size of the deposit, if the competition documentation provides for the requirement for making a deposit;

The term during which the competition organizer has the right to refuse to conduct a competition established taking into account the provisions of paragraph 33 of this Regulation;

An indication that participants in the competition can be only subjects of small and medium-sized businesses that have the right to support state authorities and local governments in accordance with Parts 3 and 5 of Article 14 of the Federal Law "On the Development of Small and Medium Entrepreneurship in Russian Federation", or organizations that form the infrastructure for supporting small and medium-sized businesses, in the case of a competition in relation to the property provided for by law.

The organizer of the competition has the right to decide on making changes to the notice of the competition no later than five days before the date of completion of submission of applications for participation in the competition. Within one day, such changes are posted by the Organizer of the Competition or a specialized organization on the basis of the specified solution. At the same time, the deadline for submission of applications for participation in the competition should be extended in such a way that from the date of deployment on the official website of the auction made changes to the notice of the competition to the date of the end of submission of applications for participation in the competition, it was at least twenty days.

Rules for the auction

An information message on the auction should be published no later than 45 days before the date of the auction announced in it. When selling at the auction of state property, the initial selling price of which exceeds five million established by the Federal Law minimum sizes wages, the relevant government management body may decide to increase the time of publication of the informational report on this auction.

An information message on the auction should include:

The supply form for the price of property sold at auction;

Initial purchase price of property;

Form and deadlines;

Dates of the beginning and end of acceptance of applications with the documents attached to them and the address of the place of reception of applications and documents (indicating when necessary floor, room, phone numbers, reception time);

A list of documents submitted by applicants to participate in the auction and the requirements for their design;

Term (date, hour, minute) end of admission by the commission of proposals at the price of property sold at auction (with a closed form of submission of proposals);

The size of the deposit and the deadline for its introduction, the necessary details of the seller's accounts, other conditions for the task agreement defined by the Seller as the conditions of the contract of accession;

Date, time and place of auction, phone numbers and location of the Seller and Commission;

Auction step (with the open form of supply at the price of property);

The term provided for the conclusion of a sales contract;

Method of notifying the winner on the results of the auction.

General rules for conducting a bidding (auctions and competitions) in the Russian Federation

The procedure for a bidding is devoted to Article 447-449 of the Civil Code of the Russian Federation. These articles are regulated by the procedure for conducting trading in Russia, and individual regulations may be adopted for various objects of bargaining (types of property, works, services), within the framework that are not contrary to the established Civil Code of the Russian Federation.

The first regulation of trading as a special way of imprisonment of civil contracts was associated with the beginning of the transition to the market, and more specifically, with the privatization of state ownership. It was the trading that turned out to be the main form of privatization.

So, in particular, Art. The 15 RSFSR Law "On the privatization of state and municipal enterprises in the RSFSR" provided that privatization was carried out by selling enterprises in a competition or auction by selling shares (shares) in the company's capital, as well as by redeeve the property of the enterprise, leased.

Subsequently, a number of acts were issued specifically dedicated to the auctions and contests organized during privatization. For example, by Decree of the President of the Russian Federation of December 24, 1993, "On the State Privatization Program of State and Municipal Enterprises in the Russian Federation" was provided for sale by organizing various types of auctions and enterprises contests that are not joint-stock companies, share packages, property (assets) existing, liquidated and liquidated enterprises, as well as improved construction facilities, shares (packages, shares) in state or municipal property.

The new law "On the privatization of state property and the fundamentals of the privatization of municipal property in the Russian Federation" provides cases and procedure for privatization by selling state or municipal property at a commercial competition with investment and / or social conditions (Article 21) and at auction.

From January 1, 2012, federal law No. 233-F3 "On the procurement of goods, works, services, individual types of legal entities" came into force on 07/18/2011. In accordance with the requirements of the new law, state corporations and companies, subjects of natural monopolies, state unitary enterprises, autonomous institutions, business companies, in the authorized capital of which the state share exceeds 50%, as well as organizations carrying out adjustable species Activities are required to develop provisions on procurement and place their orders strictly in accordance with the specified position.

The Law on Enforcement Proceedings provides for the need to implement real estate through trading a specialized organization (Art. Art. 54 and 62).

The Civil Code, responding to the needs of the emerging practice, included in its composition three belonging to the auction of Articles: 447 ("Conclusion of a contract for trading"), 448 ("Organization and procedures for conducting a bunch") and 449 ("Consequences of violation of the Relief Rules").

These articles fill a certain gap and procedural legislation, since it is provided for (clause 6 of article 447 of the Civil Code) that the rules on the auction (refer to Art. Art. 448 and 449 of the Civil Code) apply to public trading carried out in the order of execution Court decisions, unless otherwise provided by procedural legislation. It should be noted that the laws "On the privatization of state property and the fundamentals of the privatization of municipal property in the Russian Federation" and "On Enforcement proceedings" contain references on the organization of trading in the Civil Code, that is, to the above items.

In accordance with the State Privatization Program of State and Municipal Enterprises in the Russian Federation, approved by Decree of the President of the Russian Federation of December 24, 1993, when selling all objects of trade, catering, domestic services on a commercial competition, required conditions Privatization recognized the preservation of the profile and prohibition of breaks in the work of a privatized facility for more than two months after the sale and (or) total 3 months during the calendar year.

When privatizing the objects of the scientific and technical sphere, the conditions of the competition organized for the sale of enterprises and organizations leading scientific research, experiment - design, design - design and design - technological work, in addition to the price, the preservation of specific types of products (goods), works and services, a profile for a plan of privatization period, which has established the number of jobs for specialists who perform scientific research and development, for a period of one year, as well as obligations in terms of investment during a certain privatization plan, including the first year from the date of sale; When selling the same objects on an investment competition with mandatory conditions, the preservation of the profile and the volume of production of goods, works or services and the established number of workplaces for specialists who perform scientific research and development, for a period of one year, as well as the prohibition of actions that change the functional importance of the property of the relevant objects.

Types and forms of auctions

Auctions depending on the order of their organization are:

Voluntary;

Forced.

Types of auctions using technology:

With price increase;

With lower prices.

Clause 1 of Article 448 of the Civil Code of the Russian Federation provides that competitions and auctions can be open or closed.

Voluntary auctions

Voluntary auctions are held on the initiative of the owners of the goods for their most profitable sales.

From the point of view of whether they are held in whose interests, the auctions distinguish

sellers (when the seller's goods are exhibited for sale) and the auctions of buyers (the buyer announces his desire to buy a specific product)

Voluntary auctions are organized on the initiative of their own goods or property for the purpose of their most profitable implementation. Voluntary commercial auctions are held by specific goods (horses, fur, tobacco, bristles, unwashes wool, tea, spices), etc ..) who do not have a replacement property and have some individual features.

Forced auctions

Forced auctions are conducted by government organizations and pawnshops. Government organizations conduct auctions for the sale of confiscated, not demanded or not paid goods. Lombard - to implement the laid, but not bought goods. Such auctions are also carried out when the bankruptcy of enterprises occurs.

In this case, the property of the enterprise (office and trade equipment, furniture, etc.) Sell to cover its debts.

The property exhibited on the auction is most often confiscated

State executive service collateral and real estate. "In the case of movable mortgage property sold voluntarily, auctions are usually not conducted, as the debtor and the bank are interested in rapid sale at market value to cover the maximum possible amount of debt.

Accordingly, the price of pledges sold through auction, as a rule, up to 30% -50% below the market. But if you decide to compete for a discarded apartment or car, be prepared to pass all the necessary procedures.

According to the current legislation, you can familiarize yourself with the lot before checking for trading. To do this, you should contact the auction organizer.

First of all, the employees of the enterprise conducting trading must show documents on the mortgage property issued for sale. If we are talking about real estate, be sure to make sure that all residents are discharged from the house or apartment to avoid legal wires in the future.

After that, at the appointed time you can familiarize yourself with the object of sale. And if you have already seen that the car or apartment put on the auction is what you need, you can safely move to the next step.

With price increase

With the price increase (English auction) is auction in which the rates grow from the bottom up until the goods are sold at the maximum of the suggested prices.

This is the most famous type of auction, which sells works of art and luxury objects, rarities and livestock.

At this auction, the starting prices are low, and buyers prescribe higher prices to such a level, while someone one does not acquire goods at the highest price.

In the English auction, prices are gradually growing either at the suggestion of the lead trading, or at the request of the bidders themselves. The seller appoints the initial price, then buyers enter the competitive struggle, assigning the price above the initial. Participants have the opportunity to revise their proposals depending on the proposals of rivals. The one who at the time of the end of the auction struggle suggested the highest price.

With low price

The decrease in the price (Dutch auction) is auction, during which the highest price for the goods sold first is declared, and then the rates are decreasing to the one that the first buyer will agree to which the goods are sold.

The Dutch auction is a similar view in which a deliberately overestimated starting price is immediately appointed, and then it is starting to lower it, until someone is buying an exposed product. If the sellers are somewhat, then the buyer chooses one of them who will request a lower price. This type of auction sales in international practice is sometimes called Waidling.

Its essence is as follows: the seller determines the maximum price of his product, which can be seen on the special dial installed in the hall, and begins to reduce it until some of the participants will press the button attached to him and thereby express its intention to make a deal . Dutch auction is usually used to sell a large number of identical objects.

It is very convenient both for small-winding buyers and for wholesale vendors. By the way, his tulips sellers invented, because they were very interested in wholesale sales His perishable goods. The undoubted advantage for the seller is the possibility of easy and fast sale of your goods. And buyers are beneficial to the fact that the price will be higher than the start only in case of exceeding demand over the proposal. Dutch auction is also called the opposite, as opposed to traditional way Takogogo trading. It can participate in it, because there are many websites on the Internet, allowing both to sell and buy goods using auction.

Open auctions and contests

Any person can participate in the open auction and open competition. Only persons specifically attached for this purpose are involved in the closed auction and closed competition.

The auction behaves in the presence of a Commission auctioneer, employed by the seller.

The auction step is set by the seller in the range from 1 to 5 percent of the initial sale price of property and remains one during the entire auction.

The auction participants are issued number-dimensional tickets that participants raise after the announcement of the next price auctioneer in case if they are ready to buy property at this price;

The auction begins with the announcement of the auctioneer name of the property, its main characteristics, the initial price of selling and the auction step. Each subsequent price auctioneer is appointed by increasing the current price per auction step. After the announcement of the next price, the auctioneer calls the ticket number of the participant of the auction, which was the first to raise the ticket. The auctioneer then announces the next price in accordance with the auction step.

In the absence of auction participants, ready to buy property according to the price-called auctioneer price, the latter repeats this price three times; If, after a triple announcement of the next price, none of the participants of the auction raised a ticket, the auction ends. The winner of the auction recognizes the participant, the number of the ticket of which was called auctioneer last. Upon completion of the auction, auctioneer announces the sale of property, calls its sales price and the number of the auction winner ticket.

The price of property proposed by the participant who won the bidding is recorded in the protocol on the results of the auction, confirmed by his signature and signature of the auctioneer.

The refusal of the auction winner from the signing of the protocol on the results of the auction is considered to be a refusal to enter into a sales contract and entails the consequences in accordance with paragraph 31 of this Regulation.

Closed auctions and contests

The auction, closed in the form of supply of supply at the price of property, is carried out in the following order:

Participants of the auction are submitted to the commission in the sealed envelope offer at the price of the property sold at the auction. The seller submits to the Commission proposal at the price of property submitted by the participants of the auction to the seller when applying;

Before opening the envelopes, the Commission checks their integrity, which is fixed in the protocol on the results of the auction;

The Commission considers the proposals of the auction participants at the price of the property being sold. These proposals must be set forth in Russian, subscribed to the participant (its authorized representative). The price is indicated by the number and inapplication. In the event that the number and inapplication indicates different prices, the Commission takes into account the price specified in words.

Offers containing the price below the initial sale price are not considered.

Under the announcement of proposals, in addition to the participant, the proposal of which is considered, the remaining participants of the auction or their representatives who have adequately decorated power of attorney, as well as with the permission of the Commission, representatives of the media.

The winner of the auction recognizes the person who proposed the highest price for the property issued on the auction. With the equality of two or more offers at the price of property, the winner is recognized by the participant, whose application was filed earlier.

In its legal nature, the notice of bidding is a one-way transaction that generates relevant legal consequences. In particular, between the person who received the notice of trading, and the auction organizer establishes the obligatory legal relationship, by virtue of which the said person is entitled to demand from the organizer of auction and consideration of the proposal made by the person who expressed the desire to take part in the auction.

However, due to direct indication of the law (clause 3 of Art. 448 of the Civil Code) Organizer open tradeswho made a notice entitled to abandon the auction at any time, but no later than three days before the date of its holding, and the competition is no later than thirty days before the competition, unless otherwise provided in the law or notice trading. In the case when the organizer of open auctions refused to conduct them with a violation of the specified deadlines, it is obliged to compensate to the participants that have suffered real damage.

The organizer of a closed auction or a closed competition at all is not entitled to refuse to hold it and is responsible for those invited to participate in the auction. If the organizer of a closed auction or a closed competition refuses to bid, it is obliged to refund invited participants to real damage, no matter what time there was a refusal to bid.

What form are bidding?

In accordance with the Civil Code of the Russian Federation, trading is carried out in the form of a contest or tender. At the same time, the behavior in the tender admits to the person who proposed the highest price, and at the auction - a person who, according to the conclusion of the Competition Commission, pre-appointed by the Bid Organizer, proposed the best conditions. A boss form is determined by the owner of the goods sold or the owner of the right implemented (however, the law for separate species Property may be provided only one, the exceptional form of their holding is a tender or auction).

The owner of a thing or owner of the property right or a specialized organization can act as a bidder. The specialized organization operates on the basis of an agreement with the owner of the thing or owner of property law and speaks on their behalf or on its own behalf.

One of the forms of trading activities under the Civil Code of the Russian Federation is the participation of enterprises in conducting trading, which are carried out in the form of auctions or competition.

The organizers of the auction can be an enterprise for which auction bidding is not the main activity: museums, art salons, stock exchanges, permanent exhibitions, in which this type of activity is provided.

Sellers at auction can act enterprises, organizations or individuals (owners of goods or property). They can act as buyers.

Seller in accordance with the legislation of the Russian Federation and this Regulation:

Forms the Commission for the auction (hereinafter referred to as the Commission) and approves its composition;

IN installed manner makes a decision on establishing on the basis of a certain privatization plan for the initial price of the privatized property of the initial price of its sale at auction (hereinafter referred to as the initial sale price), as well as the auction step in case of submission of proposals for the property in the open form;

Determines the term and conditions of making the deposit by persons who declared their participation in the auction (hereinafter referred to as applicants), as well as other terms of the task agreement and concludes this agreement with them;

Organizes the preparation and publication of an information message on the auction;

Accepts applications from applicants and keeps accounting them as they arrive in the journal acceptance of applications with the assignment of each number of the number and specifying the time of submission of documents (number, month, time in hours and in minutes);

Transmits to the Commission at the end of the reception date received applications with the documents attached to them;

Submitted to the Commission information about the deposited to the accounts of deposits with the name of the applicant who made the deposit, the amount of the deposit and the date of its receipt;

Approves the protocol of the Commission on the results of the auction;

Concludes with the winner of the auction agreement of the sale of property;

Produces calculations with applicants, participants and auction winner;

Organizes the preparation and publication of the informational report on the results of the auction;

Provides the transfer of property to the Buyer (the auction winner) and performs necessary actionsrelated to the transition of ownership of it.

The main parties of the auction are: the owner of the goods, the seller, the auction organizer, the buyer. Auction in which only one participant participates, is considered invalid.

Objects of trading at auction can be:

Personal use objects with individual characteristics (paintings, antiques);

Fur;

Cattle:;

Tea coffee;

Fruit and others.

The auction can be offered both large batch of goods and individual products. When selling with auction, in contrast to the usual sale, nor the seller nor the auction organizers are responsible for the quality of the goods.

The commercial meaning of the auction is that the maximum price of the goods sold is established by directly competition of buyers simultaneously present at the place of sale. Winning auction at auction admits a person who offered the highest price.

What is electronic bidding?

Bidding in electronic form (electronic trading) is a system of public relations between the participants of the electronic interaction of the public utilities posted on the Internet network, using which these participants make civil transactions on the sale of goods, works or services among themselves.

An electronic auction, as the e-commerce industry proved its benefit, as even the Russian government decided to place its orders in this way. For individuals who have the stock of goods that can be sold, the organization of auctions is an undoubted benefit, since it is quite possible to rescue the sum of the sum, in two, and even three times, exceeding its initial cost.

The process of electronic trading in electronic form is a regulated process, which includes the performance of training, obtaining, analyzing, processing and providing information regarding electronic interaction participants.

Depending on the purpose of the conduct, electronic trading is divided into four subspecies:

Bidding held in order to place orders for the supply of goods, work, the provision of services for state and municipal needs;

Bidding carried out in order to implement the property of debtors in bankruptcy;

Bidding for the sale of arrested property;

Each type of electronic bidding has its own characteristics. At the same time, all electronic trading is also inherent in general generic (system) signs.

The first - in the auction the same composition of electronic interaction participants (Article 2 of the Federal Law of April 6, 2011 N 63-FZ "On Electronic Signature"), consisting of three elements:

Bid initiator;

Electronic platform operator;

Electronic platform users.

The second - bidding is carried out on the electronic platform, which is a way to communicate these three elements, i.e. The structure of the system designed to ensure the electronic interaction participants in a timely manner.

Electronic Bidding Rules

Electronic trading conducted by the company are open and held in accordance with the schedule published on the company's website.

Open auctions in electronic form (UAEF) in the ETP system for state and municipal needs are carried out in accordance with law No. 94-FZ.

To gain access to the user-based system features, any legal or individual must pass the accreditation procedure and subsequent activation in the ETP system.

Accreditation in the ETP system expresses the consent of the legal (physical) person to conclude, change and terminate transactions in the ETP system, the fulfillment of the obligations arising in connection with the activities of this person in the ETP system, as well as the consent of the responsibility in accordance with this Regulation and the current legislation of the Russian Federation.

Legal (physical) person accredited in the ETP system is obliged to ensure the completeness and accuracy of the information specified in the accreditation form provided for by the ETP system. This information is used by the ETP system unchanged with automatic compilation of documents that form the document flow of the OEF process.

To create a new auction for creating a new auction in the system, or a specialized organization (if it is attracted by the Customer to implement the functions for conducting auctions in electronic form), it must be placed in the ETP system a notice of the UAEF for the forms provided for in the ETP system.

The Customer, or a specialized organization, is obliged to post on the appropriate official website on the Internet to post information on placing orders for state and municipal needs.

In the case of posting a state (municipal) order, the notice must contain information provided by law, as well as a draft state (municipal) contract and technical assignment for purchased goods (work, services).

The period from the date of placement of notice on the site before the start date of the auction should be at least 10 (ten) days.

Immediately after placing the notice in the ETP system, the ETP system assigns the state of the Active Auction to this auction.

The customer is responsible for the legitimacy and accuracy of the information specified in the notice of the UAEF and the documents attached to it.

The operator is not responsible for the information contained in the notice of the UNEF and in other documents placed on the ETP by the Customer.

The open part of the ETP system provides any user of the Internet the ability to observe the progress of the UAEF.

According to the results of the individual, the UAEF consists of a separate contract.

Simultaneously in the ETP system, several different AEF can be carried out.

The beginning of the holding and end of the UAEF and the time of receipt of proposals about the price of the contract participants of the auction is determined by the server time on which the ETP system is posted.

The ETP system accepts proposals for the price of the contract with an accuracy of 1 (one) penny.

Each proposal for the price of the contract is recorded by the ETP system indicating the date (in format 00.00.0000) and time (in format 00.00.00.00).

During the UAEF, the auction member can make proposals for the contract price only towards lowering the initial (maximum) contract price established by the Customer. In the event that during the auction, a proposal was made to the price of the contract, the auction participant may make a proposal to the price of the contract both with a lower price of the contract and with the contract price equal to the price proposed earlier; If the last offer of the contract price came from the same member of the auction - this auction member can make a proposal to the price of the contract only with a lower contract price.

The UAEF is considered to be completed if within one hour from the date of placement in the ETP system of the last sentence on the price of the contract did not receive any proposals providing for the lower contract price.

Unless otherwise specified by the Customer with the Customer, then, if the UAEF has not ended to 21:00 by the time of the ETP system server, the regulatory break is declared, the UNAEF is suspended, and resumes from 9:00 to the server of the next day. If another time framework of the regulatory break is established by the contract, information about this should be included in the notice of the UNEF.

If there are malfunctions during the UAEF in the ETP system, entailing the inability to continue the UAEF, the ETP system operator is entitled to suspend the UNEF and declare a technological break by a duration of no more than 24 (twenty-four) hours.

Information about the end of the UAEF is located in the open and closed part of the ETP system immediately.

Each price offer entered by auction member to the ETP system during the UAEF is signed by EDS.

How to become an electronic bidder?

In order to become a member of electronic trading, a physical or legal person, it is necessary to purchase an electronic signature certificate (EP).

What is EP?

Electronic signature (EP) - the props of an electronic document that allows you to establish a lack of distortion of information in an electronic document since the formation of EP and check the signature accessory to the owner of the certificate of the EP key. The value of the props is obtained as a result of cryptographic information conversion using the EP closed key.

In Russia, federal law No. 63-FZ dated April 6, 2011. Name "Electronic digital signature»Replaced with the words" electronic signature "(Abbreviation -" EP ").

EP is used by individuals and legal entities as an analogue of his own signature to give an electronic document of legal force equal to the legal strength of the document on paper, signed by his own signature of the rules and bonded seal. It is important that fake EP is impossible - it requires huge number computing. After receiving the EP, you become a full member of GEATORGS. The advantages of using EP are obvious - documents signed by an electronic signature can be transferred to the destination within a few seconds.

Using EP, you get the opportunity to conclude contracts in real time, you do not need to personally attend the auction. After receiving the EP, you become a full member of electronic trading.

After you received EP, you need to study work with electronic trading platforms. Courses and seminars on electronic trading are held with the aim of training the team of the company for participation in electronic tendes on electronic trading platforms. The choice of organization that carries out these training services to work on the ETP should take into account the proposed program and the authority of teachers.

As a rule, training electronic trading, carried out in itself:

Theoretical part where participants get the opportunity to familiarize themselves with the subtleties of the trading procedure and nuances of posting state orders;

The practical part where work skills to participate and place orders in the electronic auction are produced.

After that, it is necessary to apply for participation in electronic trading.

After passing training, using the EP certificate you can independently take part in the auction on electronic trading platforms.

Center for electronic trading

B2B-CENTER - International Center for Electronic Bidding. The company is a developer of more than 60 electronic trading platforms for corporate customers, combined with a common technological platform - "B2B-Center system" .B2B-center was founded in 2002. Creating an electronic trading platform B2B-ENERGO for RAO "UES of Russia" - the first project of the company.

In 2007, 30% of the company's shares in equal shares acquired the investment group "Russian funds"] and the investment company Mail.Ru Group.

In 2009, the company became the winner of the Prize "Company of the Year 2009" in the nomination "Services / Information Technologies". The award is awarded at the end of the year the most successful companies in the field of finance, industry and services. The organizer of the Prize annually performs RBC. Since 2002, a premium is awarded under the patronage of the Ministry of Economic Development and Trade of the Russian Federation.

In 2010, the company was awarded the Award "Leader of Business CIS" for one of the best integration projects for the Commonwealth countries. The solemn presentation of the awards was held in the framework of the International Economic Forum of the CIS member states "New Initiatives in the Year of the Russian Chairmanship in the CIS".

In 2011, B2B-Center entered the list of the 100 largest IT companies in Russia according to the RA Expert. According to the rating agency CNews Analytics, which is part of the RBC Group of Companies, the B2B-Center system entered the list of the 50 largest IT developers of Russia, taking the 29th position of the rating.

In 2012, the company's shareholders entered the investor consortium headed by Da Vinci Capital, buying 34% of the shares

The company develops a system of electronic trading platforms, combined with a common technological basis and separated by the criteria for sectoral specialization, regional location and corporate affiliation.

The company's B2B-Center system serves as organizers and participants in trading procedures. Purchase or sale of goods, works, services is in electronic form in real time using various types of trade procedures: competitive negotiations, prices and offers requests, auctions of the Seller and Buyer, open and closed contests (multiple and poposition), framework agreements - about 40 types of bidding. The system conducts statistics and analysts on the trading, marketing market research, the search for suppliers is being searched for the necessary subjects, financial services are provided (bank guarantees, loans, leasing and factoring), insurance services. The B2B-Center system is procured by the enterprise and organization subject to the law No. 223-FZ.

Electronic shopping areas

The electronic platform is an information system posted on the Internet, using which electronic bidding conducts electronic trading through the exchange of electronic interaction. The volume of the generic concept "information system" is disclosed in subparagraph 3 of Article 2 of the Federal Law "On Information, Information Technologies and Information Protection".

In particular, the information system means a combination of information contained in the databases and providing its processing of information technology and technical means. The electronic platform as a kind of this information system consists of five elements:

The domain name of the site in the Internet network;

Database;

Hardware and software system;

Link;

Technical support service.

The operator of the electronic platform is a Russian legal entity or an individual entrepreneur who is legitimate copyright holders of the public information system posted on the Internet network, using which e-cooperation participants through the exchange of information are trading.

The organizer of the auction is a person who has entered into an agreement with the operator of the electronic platform to find a person interested in the conclusion of a property transaction (property rights) exhibited for trading as a lot.

Users of electronic platforms - government agencies, local governments, organizations and citizens who have intent to acquire information stored in the electronic platform operator information system or using the specified information in order to enter into an agreement, the subject of which is the realization of goods, works or services

The procedure for the auction

The procedure for holding auction includes:

Preparatory operations;

Operations directly related to bidding;

Operations related to mutual calculations between the organizers and participants of the auction (design auction transactions).

At the first stage, an analysis of proposals coming from owners of goods, which indicates the full name of the goods and a brief description, the characteristics of consumer properties, information about the number and quality of the goods, the estimated price and the props of the owner. After that, they are sent invitations to design auction agreements.

The operations for the preparation of the auction include the release and sale of entrance tickets, the manufacture of signaling tablets, information and promotional work.

At the same stage, premises for storage and pre-sale preparation Goods, conduct their expertise and set the starting price of the goods. Sometimes they set the backup price, below which the goods cannot be sold.

Goods sort depending on the quality of the parties that wear the name of the lot.

Lot is a standard batch or a typical unit of product in kind. From each lot is selected sample. Lot may contain one product or several units (sable - 30-50 skins, mink - up to 300 skins, doodle - up to 500 skins). Each lot is assigned a number through which it will be put up for auction for sale.

The same lots followed by one after another and form rows - thongs that are separated in the catalog from each other with lines.

Before opening auction for customer information about the goods offered for sale, produce a directory in which the compositions and number of lots are indicated. The directory also publishes the rules for holding auction, design transactions and payment.

Catalogs are sent to traditional customers, indicating the start of the auction.

In advance, usually in one or two months, the media will prevent an ads on conducting auction with the number and range of the proposed goods, places, time and conditions of bargaining.

The prerequisite for organizing an auction is the advance provision of potential buyers the opportunity to familiarize themselves with the goods that should be exhibited for inspection. Buyers after inspection marked their numbers in the catalogs.

Auction bargaining is carried out in a special hall, which usually has the shape of the amphitheater. Auction trading conducts auctioneer that opens a bidder and gives brief description goods.

By calling the initial price, the auctioneister asks: "Who else?" Buyer who wants to purchase goods using a signal plate or special signs (raises his hand, nods his head, shows special gestures or shouts "yes") announces the price greater than the starting.

Auctioneister repeats the price offered by buyers and calls the place where the offer has been received. If the next increase did not follow, the auctioneer after a triple repetition strikes with a hammer, confirming that this lot is sold to the last buyer who proposed the highest price.

In the process of auction trading, the auctioneer has the right without explanation to remove the lot from the bargaining and expose it later. This is usually done if it fails to achieve the intended value of the sales price.

As a result of the auction, auction revenue is formed, which, in accordance with the auction agreement, is distributed between the owner of the goods and the organization conducted by the auction.

Auction Trade creates considerable amenities for suppliers and buyers, providing the sale of goods at the prices caused by demand.

Some auctions are carried out by an automated way. Each time the price is highlighted on the scoreboard. Changing the price of its increase or decrease during the auction process is fixed by the buyer using an electrical button that stops shifting the numbers on the scoreboard. The buyer is determined by a blocked burning light bulb at the site of the bargaining.

How to become a member of the auction?

According to the provision of paragraph 2 of Article 447 of the Civil Code of the Russian Federation, the owner of the thing or owner of the property right or a specialized firm may appear as a bid organizer. The specialized company operates on the basis of an agreement with the owner of the thing or the owner of the relevant right and speaks on their behalf or on its own behalf.

Not less than 30 days before the start of the auction, the organizer must have a notice of their conduct with a specific information (time, place, form of trading, their subject, the rules for conducting, the data that should contain an application for participation in the auction).

To participate in the auction, the interested person must be sent to the Organizer an application for participation in the auction (indicating it in advance by the organizer of information) and other required documents (for example, an extract from one state registry Jurlitz).

Also, the participant needs to make a deposit in a predetermined system established by the organizer, timing and order. Such a responsibility is assigned to trading participants in order to reduce the risks of participation in the bidding of unfair participants and ensure the fulfillment of the obligations that arise as a result of trading. If the auction subsequently does not take place for any reason, the deposit is subject to return. He is also returning to persons who participated in the auction, but did not win them. At the conclusion of the appropriate agreement with the person who won the bidding, the amount of the firstly entered deposit is calculated on the account of the fulfillment of obligations under the contract. certificate from a single state registry

The written decision of the relevant bodies of the applicant, resolving the acquisition of property, if necessary, in accordance with the constituent documents of the applicant and the legislation of the country in which the applicant is registered;

Documents confirming the presence or absence in the authorized capital of the share of the Russian Federation, constituent entities of the Russian Federation and municipalities.

Can it be denied participation in auction?

The person who sent the application and the necessary documents for participation in the auction may be denied participation in the auction only in certain laws, for example, when:

Violated the deadline for submission of the application;

The person is not made by the deposit, or it is submitted with a violation of the deadlines established by the Organizer;

The application for participation in the auction is filed by a person who, in accordance with the law, has no right to acquire the corresponding property, which is the subject of bargaining;

All necessary documents for participation in the auction are not provided (their list may be separately established in law or notice of trading), or inaccurate information is provided;

The documents submitted do not confirm the rights of the applicant to be a buyer in accordance with the legislation of the Russian Federation;

Not all documents on the list indicated in the information message (with the exception of the proposal for the price of the property sold at the auction), or they are decorated in improperly;

The tax inspectorate is not presented, confirming the absence of overdue debts for tax payments to the budgets of all levels as of the last quarter;

Admission was not confirmed within the set deadline for the account of the seller's deposit in accordance with paragraph 14 of this Regulation.

This list of grounds for refusing the applicant in participation in the auction is exhaustive.

It should be borne in mind that the person who refused to participate in the auction can appeal such a refusal to court.

In which cases, the auction is recognized as invalid?

Competition or auction in which only one participant participated is recognized as invalid. Legislation may establish additional cases of the recognition of trades failed (for example, for land contests found that if, after a three-time announcement of the initial price of the subject of sale with a hammer, none of the participants declared its intention to acquire the subject of the competition at the initial price, the competition is also recognized as invalid).

If the bidding carried out in violation of the rules established by law will be invalid by the court, then the concluded agreement itself will be invalid and the agreement with the winner. At the same time in accordance with Art. 449 of the Civil Code of the Russian Federation with the requirement to recognize the invalid bidding results can see the court not only bidders, but also other interested persons, such as those who were initially denied participation in the auction (see above possible cases of such a refusal).

Specially highlighted in Art. 449 of the Civil Code The possibility of recognizing trading invalid, which, in turn, means the invalidity of the prisoner with the won a member of the contract. This equally means the invalidity of the preliminary and main contracts.

The recognition of these treaties is invalid, entails special consequences provided for invalidation of transactions. In the law that establishes the obligation of trading, it may be envisaged that the recognition of their invalid opens the opportunity to conclude a contract in conventional method.

The foundation of recognition by the court is invalid by the court. There is an opportunity to make a general conclusion that trading is recognized as invalid in all cases when violations were made that could affect the determination of the trading results. Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of December 2, 1993, specifically allocated such a basis for recognizing invalid bidders related to privatization, as an illegal refusal to participate in the competition (auction), and at the same time provided that it could not only declare the claims for recognizing the competition. Their participant, but also the one who was denied participation in the auction.

The foundations of the invalidity of the auction were indicated in Art. 405 GPC ("Recognition of trading invalid"). However, it should be borne in mind that this article can be applied only in relation to trading related to the recovery of the debtor's property - a citizen in the form of a housing structure.

If the bidding carried out in violation of the rules established by law will be invalid by the court, then the concluded agreement itself will be invalid and the agreement with the winner. At the same time in accordance with Art. 449 of the Civil Code of the Russian Federation, with the requirement to recognize the results of trading invalid, may not only be a bidding participants, but also other interested persons who were initially denied participation in the auction.

How are the results of auction?

The person who won the bidding and the auction organizer sign on the day of the tender or auction report on the results of trading, which has the power of concessions between them.

If the subject of trading was only the right to conclude a transaction, then such an agreement should be signed by the parties no later than 20 days or otherwise indicated in the sentence after the completion of trading.

It should be noted that the winner of the auction, evading the signing of the protocol on its results, is lost by the deposit. If the signing of the protocol is shyled by the Bid Organizer, the latter is obliged to return a double-size deposit, as well as compensate for the winner of trading losses caused by participation in the auction in part exceeding the amount of the deposit. The winner of the auction in the event of evasion of the organizer from entering into an agreement is entitled to appeal to the court with a requirement to conclude a contract, as well as compensation for damages related to such evasion.

The sales contract is between the seller and the winner of the auction (hereinafter referred to as the buyer) in accordance with the Civil Code of the Russian Federation and the Federal Law "On the Privatization of State Property and on the Fundamentals of the Privatization of Municipal Property in the Russian Federation" no later than 5 days after the approval of the protocol on the results Auction with a submission in the cases of tax inspectorate established by the legislation on the declaration of funds used by the Buyer to pay for the property.

The tax inspection certificate is represented by buyers - legal entities in the event of a purchase and sale transaction in the amount of more than 10 thousand established by the federal law of the minimum wage and buyers - individuals In the event of a purchase and sale transaction in the amount of more than 2 thousand established by the federal law of the minimum wage.

Customers - residents of the Russian Federation relevant certificate is provided by tax inspections at the place of tax accounting in the form established by the State Tax Service of the Russian Federation.

Buyers - Non-residents of the Russian Federation pose a certificate of opening an account of the type "K" in the resident bank of the Russian Federation, which has a license to carry out relevant operations, as well as the original and notarized translation of reference from the tax authority at the place of registration of a non-resident about the source of funds sent to the acquisition Property.

Buyer who has not submitted to established cases And on time, the specified documents, the deposit is not refundable. The estate exhibited for sale at auction remains in state or municipal property and can be privatized in accordance with the legislation of the Russian Federation on privatization. The seller informs about this by the state authority or body of local self-government, which decided on the method of privatization of property.

Payment of state property is carried out at the same time within 10 days after the conclusion of the contract of sale. Payment of property in installments is carried out in the manner prescribed by law.

The deposit made by the buyer on the seller's accounts is counted at the expense of purchased property.

The procedure for payment of municipal property is established by local governments.

The transfer of property and the design of ownership of it is carried out in accordance with the legislation of the Russian Federation and the contract of sale after full payment of the property. The fact of payment is confirmed by discharge from the seller's account of the receipt of funds in the amount and within the deadlines specified in the contract of sale.

Registration of open auction results in electronic form

Within one hour from the end of the UAEF in the ETP system, this protocol of the auction is automatically formed (hereinafter "Protocol")

The operator is responsible for the compliance of the outcome of the electronic auction and information recorded in the protocol.

After the formation of the protocol in the ETP system, the Customer on the day of the UAEF signs the specified protocol.

The operator places the protocol in the open part of the ETP system.

The Protocol signed by the Customer is the basis for concluding a contract with the winner of an open auction in electronic form, recorded in the Protocol, on the conditions specified in the notice of the open auction in electronic form and at the price of the contract proposed by the winner of the open auction in electronic form.

The winner of the open auction in electronic form in the deadlines specified in the notice of the UAEF, sends the customer signed contract.

International trading

One of the most efficient and sufficiently common methods for placing orders are trading (tenders)

. Tender (English. Tender - offer) - Competitive form of selection of proposals for the supply of goods, provision of services or work on the conditions announced in the documentation in a specified period on the principles of competition, justice and efficiency. The contract is concluded with the winner of the tender - the participant who submitted the proposal corresponding to the requirements of the documentation in which the best conditions are proposed.

Most often, through trading, orders are placed on large supply of machinery and equipment, including complete, implementation of research, exploratory and design work, the construction of turnkey objects, and the selection of participants in concession agreements on the development of minerals.

The legislation of a number of industrialized and developing countries provides that state orders for the purchase of goods and services in volumes exceeding a certain limit can be placed only through trading. The exception can be unique equipment that has no analogues, purchase of spare parts to existing equipment, emergency purchases of goods to eliminate consequences natural Disasters, as well as procurement in the framework of special intergovernmental agreements. The characteristic features of international trades are the simultaneous attraction to the participation of a number of applicants.

The main advantage of placing orders through international trading is the ability to achieve the most favorable conditions for the Customer for this transaction due to acute competition between participants and ensuring an unbiased choice of supplier or contractor.

The rigid regulations for the conduct of trading and the uniformity of the requirements for all participants makes it possible to avoid possible corruption and other unscrupulous actions on the part of firms and companies fighting for orders.

Government bodies, municipal councils, public organizations and private firms of various countries may be organized by the auction.

In world practice, tenders are divided into the following categories:

Goods - objects of any kind and description, including raw materials;

sale e electricity

As well as services related to the supply of goods if the cost of such related services does not exceed the value of the goods themselves;

Works - any work related to the construction, reconstruction, demolition, repair or updating of the building, facilities or an object, including the preparation of the construction site, ground removal, construction, installation of equipment or materials, finishing works, as well as related construction services, if the cost These services do not exceed the value of the construction itself;

Services - any subject of procurement in addition to the goods (works).

Some experts distribute purchasing items for these categories, guided by other criteria, for example: services - any intangible products, including intellectual; work - everything related to construction and repair; Products - material products, as well as "serial" software.

International trading (tenders) are two species:

Open (public), in which everyone can take part;

Closed - with the participation of suppliers and contractors known in the global market.

Open international trading

Open trading make it possible to realize the principles of efficiency, publicity and fair competition. All those who wish to participate in open auction are attracted to the participation of open trading, both local and foreign. Public and public institutions are mainly resorted to open trading, which place orders for standard and universal equipment, simple services, as well as small contracting work. Competitions conducted for borrowed funds (for example, funds from the federal budget or funds credited by the World Bank to carry out this event) are always open.

In open auction, everyone can participate in all those wishing firms and organizations. Information on open auctions is published in the authorities of the press - newspapers, specialized journals, bulletins, and is also sent to other states through sales offices or consulates (sometimes chambers of commerce and industrial chambers) for distribution among business circles. In the ads on open auctions only basic information is reported:

The name of the organization conducted by trading;

The name, nature and number of purchased equipment or purpose and parameters of the facility of the object;

The procedure and deadlines for the submission of proposals, the address (fax, telex, telephone), according to which you should contact for more details.

Publication in open print invitations to trading, additional publication on the Internet is possible, and special address invitations can be sent to certain suppliers. The large bidding is announced in 2-4 months and more months before the day, about ordinary - for 1-1.5 months, about small - sometimes in 20 days.

Closed international trading

When carrying out closed trading, their organizers themselves determine the range of possible participants, guided by the selection of participants produced by their criteria. Conducting closed trading requires their organizers to preliminary study of market opportunities and the results of activities in this market of firms (organizations).

The Customer in this case personally invites to participate in the auction of all solid firms known in the art with extensive experience and well technically armed suppliers and performers who, in his opinion, are able to cope with the task. Publication of invitations and the prequalification procedure in this case are not produced. As a result, a "short list" of possible suppliers is made, the number of which should be quite large, since only in this case competition can be ensured, and, consequently, the choice of the most profitable sentence, as well as the normal course of the procedure.

As a rule, closed trading apply in cases where the specifics of the work (services), which are the subject of the competition, assumes a limited circle of suppliers, as trading have high technical complexity, require special knowledge or, if we are talking about defense or national security needs, that is, In cases where it is not economic and inappropriate to create unlimited competition.

Closed auction - less costly eventful event.

In closed trading, only those firms and organizations that have received an invitation to participate can participate.

In some cases, when trading in two stages, open auction can be combined with closed. Such types of trading are applied when the organizers are difficult (and sometimes it is simply impossible) to determine the circle of the most authoritative firms. In this case, at the first stage there are open trading with the preliminary qualifications of participants. Those who wish to participate in trading represent the organizers of materials, information confirming their high competence and experience of performing such orders, the level of products, customer reviews, i.e. qualification materials. Based on the analysis of qualification materials, the Tender Committee selects firms that, in his opinion, can participate in the second round-closed trading. There are cases when about 26 firms and consortia participated in prequalification trading, and only 5-7 participants were invited to closed trading.

Sources and links

dic.academic.ru - financial dictionary

bibliotekar.ru - electronic library

vneshmarket.ru - Foreign Economic Activities

ru.Wikipedia.org - Wikipedia

finans.net.UA - Financial Encyclopedia

gut.VRN.RU - Office for State. Settlement tariffs

torgi.gov.ru - the official website of the Russian Federation to accommodate information about trading

pravoteka.ru - Legal Encyclopedia

yandex.ua - video, pictures

vseslovari.com.ua - accounting dictionary

g-Art.com - Golden cross section

zakupki.ua - Purchases Electronic Marketplace

delovoymir.biz - Business World

tender.l1-stroy.ru - Rules for trade operations

cOM-Papers.Info - Business Paper Rossi

bibliofond.ru - Bibliofond electronic library

Common in all the terms presented is that they all:

- are the forms of competitive, market competition between participants for the right to conclude a contract;

-The initial after collecting a package of documents coming from potential participants to the conditions declared in advance in the documentation; within the deadlines established by the Commission; On the principles of competition, justice and efficiency.

The tender is synonymous with the words "Bidding", "Competition". The definition of this term was borrowed from the English language. The term is used in Russia since the 90s of the XX century. In 1994, at the international level, a model law of UNCITRAL on the procurement of goods (works) and services was adopted. The Typical Law summarized the experience in public procurement abroad and proposed a model for organizing procurement activities for national legislation. In Russian business practices, along with international tenders in which Russian companies are involved, public and commercial tenders are allocated.

The tender is a competitive form of placing orders for the supply of goods, the provision of services or work on the conditions declared in advance on the documentation, as agreed on the principles of competition, justice and efficiency. The concept of "tender" is used in relation to non-competitive (but competitive) procedures, such as quotations requests, price requests, proposals requests. The contract is concluded with the winner of the tender - the participant who submitted the proposal corresponding to the requirements of the documentation in which the best conditions are proposed.

In Russian legislation, the concept of "tender" is missing. Instead, the concepts of "trading", "Competition" are used. Thus, in articles 447-449 of the Civil Code of the Russian Federation, the peculiarities of public bidding in Russia are determined. In Article 447 of the Civil Code of the Russian Federation it is said that the owner of the thing or owner of the property right or a specialized organization can act as an organizer of a bidding. Bidding are conducted in the form of auction or competition. A shape of auction is determined by the owner of the goods sold or the owner of the property rights being implemented, unless otherwise provided by law. The auction and competition in which only one participant participated is recognized as invalid. Article 448 defines the procedure for conducting a bid, according to which the person who won the trading and the auction organizer sign on the day of the auction or the competition report on the results of the auction, which has the power of the contract. " Article 449. "The consequences of violation of the rules of trading" characterizes trading carried out in violation of the rules established by law, as invalid by the lawsuit of the interested party. Recognition of trading invalid entails the invalidity of the contract concluded with the person who won the bidding.

What is the tender different from the auction?

Auction - Competition participants in trading is carried out only by one criterion - price. The auction provides prices and suggestions for all participants. It differs from the tender the possibility of participants to change the proposal submitted. Each auction participant can change its proposals by offering more favorable conditions than its competitors. The auction is carried out by reducing the initial (maximum) contract price (lot price) indicated in the notice of the open auction, on the "auction step". The auction step is rigidly set and is 0.5% of the maximum contract price specified by the Customer. Wins the supplier who proposed the lowest price.

Tenders are held on the opposite principle. Each participant submits a proposal in the "Closed Envelope". Offers are hidden from competitors and only the Tender Commission is available. The purpose of the candidates is to provide the tender commission favorable delivery terms. The contract will be concluded with the enterprise that suggested the best conditions for the execution of the contract. Best Terms There are several criteria: the price (served as a member in advance), consumer properties, quality of goods, works, services, qualifications of the participant of the competition, timing, warranty. An important role is played by the introduced company the tender documentation. It must meet all the requirements of the tender documentation, that is, to contain the technical and commercial part. In the technical part, you need to give a description and general information about the object of auction, set out instructions for suppliers, provide an information card. The commercial part should contain prices, conditions, payment schedules, sources of contract financing. The specific content of the tender documentation is determined by the Tender Committee.

How does the tender differ from the contest?

In essence, these are words synonyms. Unlike the Tender, the concept of "competition" is determined in the main document regulating the property relations in Russia - the Civil Code of the Russian Federation. The concept of "tender" is widely used in Russian business practices and is absent in Russian legislation.

Summarizing our analysis, you can draw the following conclusions:

- "Tender", "Auction", "Competition", "Bidding" are widely applied in business practices as a form of competitive competition between participants for the right to conclude a contract;

- The concept of "trading" is applied in Russian legislation and is divided into two types: auction and competition;

- The concept of "auction" means the type of trading, which are conducted by auctioneer organizing the direct competition of trading participants only by one criterion - price; They are distinguished by the possibility of participants to change the proposal submitted;

- The concept of "competition" means the type of trading in which the participants' competition is carried out in several criteria: the price (served by the participant in advance), consumer properties, quality of goods, works, services, qualifications of the participant of the competition, timing, warranty. Offers are hidden from competitors and are available only to the Competition Commission, which, at a closed meeting, evaluates the packages of the competitive documentation of bidders;

- The concept of "tender" means the competitive form of trading and is widely used in the international and Russian business trafficking.

In accordance with current legislation, the main way of satisfying state needs in the field of the supply of the required goods, works, services is state procurement. The order for state procurement is posted in two ways: Competitive (by trading) and non-competitive (without trading).

Competitive formation of orders is reduced to the selection of suppliers in advance selected criteria. The basic principle of state procurement in this case is equal competitive participation. The state contract is concluded with the winner that meets the requirements of the customer's documentation that offered the most favorable terms of the contract.

Types of trading 44 ФЗ

Law No. allocates the following forms of bidding:

• competition
• auction
• inquiry
• quotes
• request for proposals
• two-stage contest

Competition

Competition, as a way of state procurement, is used to determine the Supplier with respect to complex expensive supplies. The winner of the competition is determined in aggregate in several criteria, including such as quality, the price, the availability of successful experiences of similar supplies.

Auction

The auction differs from the competition by the fact that the main criterion for choosing the supplier is the price. The State Contract is a participant who put the smallest cost of supply.

Both in the case of a competition, and in the case of auction, the Customer in the relevant trading systems places an application for state order with a description of the requirements for goods supplied, works, services, and within the prescribed period, applying participants. Applications are allowed to the trading, and compiled, taking into account the expirable requirements. After the advent of the considered date, the reception stops and the consideration of the proposals obtained begins.

Electronic auction

These types of trading can be carried out in the same way in electronic form through specialized trading platforms. This method is gaining increasing popularity, as it greatly simplifies the procedure of state procurement and is accessible to the large number of participants and other interested parties. To participate in electronic trading, the supplier must have accreditation at the appropriate platform and an electronic digital signature.

Request quotes

A feature of this method of trading, as a request for quotations, is that the customer through a unified information system and electronic communication channels aims to conclude a state-contract for an unlimited circle of individuals. The contract is concluded with the supplier who proposed the smallest price.

Request for proposals

Request for proposals is a competitive way to implement the state procurement, in which the Customer informs potential suppliers about the needs of the existing needs and invites you to submit the relevant applications.

It should be noted that the last two methods of trading are carried out only in certain cases, subject to the established restrictions on the amount of the contract, the types of purchased goods, works, services, and taking into account other conditions.

Subspecies of trade procedures

In business practice, other ways of classifying trading are accepted. So, depending on how to attract participants are allocated open, closed trading and limited participation. Open auction, as a rule, is carried out in electronic form, and anyone can take part in them. An open procedure is necessary to attract the maximum number of participants.

In some cases, the Customer may set certain requirements for the provider's qualifications - the presence of the necessary experience, licenses, tolerances, membership in specialized self-regulatory organizations. Such a form of definition of the supplier is a bidding with limited participation and is designed to prevent participants who do not satisfy the declared criteria.

The closed form of trading is carried out mainly in relation to the state procurement that make up the state secret. The procedure allows a limited number of companies that received an invitation from the Customer.