Civil Liability for Violation of the Land Auction Procedure in the Russian Federation

Introduction. Studying civil liability for violation of the land auction procedure is relevant due to the increasing importance of land auctions in the distribution of state and municipal property in Russia, and due to the numerous violations in conducting thereof resulting in the infringement of the rights of bona fide participants and destabilization of land legal relations. The existing gaps in the legal regulation of the auction procedure, the ambiguity of judicial practices and the difficulty of proving the violations create the preconditions for malpractices and corruption, which tend to lead to an increase in the number of legal disputes on claiming the validity of the auctions, compensation for losses to the participants and protection of their legitimate interests. The present article aims at conducting a comprehensive study of the Russian institution of civil liability for violation of the land auction procedure, identifying the existing problems in this field and developing proposals to improve the mechanisms protecting the rights of auction participants.
Materials and Methods. The materials for the study were the regulatory legal acts of the Russian Federation, judicial practice materials, statistical data on conducting the land auctions. The study was conducted using the dogmatic-legal, comparative-legal methods, content analysis of the scientific publications and judicial practices, etc.
Results. The efficiency of the land auction mechanism for distributing land resources has been established, however, monitoring and violation preventing procedures need to be improved. The main types of land auction violations and consequences they have for the participants of legal relationships have been systematized; existing mechanisms of protection of the rights of auction participants have been analysed. A review of judicial practices has revealed the most common dispute categories and ways to resolve them, which made it possible to determine key challenging aspects in land auction regulation. Based on the data obtained, definite recommendations to improve the mechanisms preventing the violations and protecting the rights of land auction participants in the Russian Federation have been formulated.
Discussion and Conclusion. To improve the land auction system in Russia, it is necessary to ensure uniformity of law enforcement practices, increase the level of legal literacy of the participants and continue development of the electronic formats of the auctions. Implementation of digital technologies and strengthening civil liability mechanisms of the auction participants are particularly important, as they contribute to increased transparency and competitiveness of the procedure. The results of the study can be used for further improvement of the Russian Federation land relations regulating laws and for increasing the efficiency of protection of the auction participants’ rights.

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