Истребование от добросовестного приобретателя имущества, приобретенного на публичных торгах
The current legislation establishes the conditions for the protection of a bona fide acquirer. Recently, the list of cases when a thing cannot be reclaimed from a bona fide acquirer has significantly expanded. One of the examples of protection of a bona fide acquirer is the impossibility of reclaiming property acquired at organized auction. This limitation of vindication is related to the need to ensure the stability of civil turnover and enhance credibility of organized auction. At the same time, the legislator takes into account the conditions of property sale at organized auction: such auctions are held in public and in accordance with the procedure established by law. However, the legislator does not take into account a situation when, at public auction, someone acquires a thing that does not belong to a debtor. A bona fide acquirer of a thing at public auction should be protected from the reclamation of the thing, since the alienation of the thing at public auction is carried out by a legally authorized entity with the assistance of the state represented by the Federal Bailiff Service of the Russian Federation, and bidders have no reason to doubt the legality of alienation of the thing at such auction. In fact, the acquisition of a thing at auction is a public conflict-free appropriation of a thing when the circumstances of such appropriation do not raise doubts about its legality. In any case, this issue should be resolved through the argumentation set out in the Resolution of the Constitutional Court of the Russian Federation No. 16-P of June 22, 2017 that says that the right of a public legal entity to reclaim a residential premise from a citizen should be restricted. Otherwise, it would mean that, on the one hand, the state organizes the enforcement of judicial acts and the sale of property at public auction, and on the other hand, it reclaims the property sold at this auction. Protection of a bona fide acquirer of a thing at public auction seems to be a necessary addition to the institution of protection of a bona fide acquirer.