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Эту позицию высказал ВС РФ в первом обзоре судебной практики за текущий год (Обзор судебной практики Верховного Суда РФ № 1 (2021) (утв. Президиумом Верховного Суда РФ 7 апреля 2021 г.). Поводом послужило дело о судьбе договора водопользования, заключенного по итогам торгов. Впоследствии победитель аукциона скончался, и его наследник потребовал перевода прав и обязанностей из договора на себя — но ему в этом было отказано.
Заявитель обжаловал такой отказ, но суды трех инстанций тоже вынесли решение не в пользу наследника. Судьи отметили, что обязательства из договора, заключенного по итогам аукциона, должны быть исполнены лично (п. 7 ст. 448 ГК РФ) — следовательно, о наследовании тут речи быть не может.
Однако ВС РФ с этим не согласился. Он сослался на то, что Водный кодекс РФ и регламент по предоставлению водных объектов в пользование (утв. приказом Минприроды России от 12 марта 2012 г. № 57) не запрещают передачу прав и обязанностей по заключенным на торгах договорам водопользования.
ВС РФ напомнил также, что по общему правилу к договору водопользования применяются положения об аренде, предусмотренные ГК РФ (ч. 2 ст. 12 Водного кодекса РФ). Гражданское законодательство как раз предусматривает перевод прав и обязанностей умершего арендатора к его наследникам, если законом или договором не предусмотрено иное (п. 2 ст. 617 ГК РФ). Арендодатель может отказать в этом, только если заключение договора было обусловлено личными качествами арендатора.
А личность победителя аукциона и его личные качества не имеют значения, добавил ВС РФ. Дело в том, что для победы в аукционе (в отличие от конкурса) нужно только предложить наиболее выгодную цену. Профессиональные качества, навыки и умения участников торгов во внимание не принимаются.
ВС РФ отменил решения судов и направил дело на новое рассмотрение (Определение СК по экономическим спорам Верховного Суда РФ от 10 ноября 2020 г. № 310-ЭС20-6357 по делу № А83-3612/2019).
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