Appointment of Tenders Used in the Disposal of Public Property

In the process of public property rights transfers, bidding procedures are often used, and the goals and functions of this legal institution are the subject of debate in the legal literature. The use of a functional approach allows us to support the position of the Constitutional Court of the Russian Federation, according to which bidding procedures are legal procedures. Economic analysis of bidding procedures, being used in transfers of public property rights allows us to highlight their main goal, which is making an economically sound decision on the choice of optimal terms of the contract and the counterparty ready to offer them, in the conditions of information asymmetry, as well as the presence of additional tasks arising from the need to ensure implementation principles of management of public property.