Legal issue: whether the contested provision is constitutional, as soon as it prohibits changing the initial selling price of the mortgaged property if its market value has changed.
Ratio decidendi: the rule in quеstion does not violate the rights of the applicant. It purports, on the one hand, to prevent selling the mortgaged property at an understated price; on the other hand, it reduces the risk of declaring the public sale of the property to be failed for the reasons related to overstating of the initial selling price. At the same time, the contested provision of the law does not obstruct achieving a balance between the rights of the creditor and the debtor, because in the event of a change in market price of the mortgaged property it is still possible to amend its initial selling price, following the procedural rules which regulate the change of the procedure of execution of court decisions.
