CORRUPTION RISKS IN LEGAL PROVISION OF PUBLIC PROCUREMENT FINANCING

被引:0
作者
Kikavets, V. V. [1 ]
机构
[1] Russian State Univ Justice, 69 Novocheremushkinskaya Str, Moscow 117418, Russia
来源
VESTNIK PERMSKOGO UNIVERSITETA-JURIDICHESKIE NAUKI | 2023年 / 62期
关键词
financial law; budgetary funds; public interest; public procurement; corruption risks; corruption prevention; contract system in procurement; risk-based approach; financial responsibility;
D O I
10.17072/1995-4190-2023-62-613-628
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
Introduction: in the Russian Federation, a significant part of the budget is spent on ensuring public interest by procuring goods, works, and services. The disposition of budgetary funds in all countries of the world is characterized as a corruption risk. This study examines the problems of legal provision for public procurement in the Russian Federation taking the national anti-corruption measures into account. The practice of anti-corruption measures implemented in public procurement in foreign countries is also considered. Purpose: to identify the signs of corruption in public procurement from the perspective of the risk-based approach in order to prepare proposals for optimization of legal regulation and improving the financial efficiency of national public procurement. Methods: the research uses general scientific methods (analysis, synthesis, analogy) as well as formal legal and comparative legal methods. Results: the analysis of law enforcement practice in public procurement in Russia and foreign countries revealed some corruption risks that were further classified. The presented author's classification can become a basis for creating a set of coordinated legal, financial, and personnel measures to prevent corruption in public procurement. Conclusions: to focus the attention of legislative and executive authorities on minimizing the negative consequences of corruption in public procurement, the author's classification of corruption risks is proposed. There should necessarily be a system of monitoring over the results obtained in the procurement process. The paper proposes removing corruption offenses in procurement from under criminal prosecution and placing them under the scope of financial responsibility, which would ensure commensurable personal financial responsibility of an official whose actions (inaction) caused damage to the budget.
引用
收藏
页码:613 / 628
页数:16
相关论文
共 38 条
  • [1] Akomah B. B., 2016, African Journal of Applied Research (AJAR), V3, P82
  • [2] [Anonymous], 2012, International Standards on Combating Money Laundering and the Financing of Terrorism & Proliferation of Weapons of Mass Destruction. The FATF Recommendations
  • [3] [Anonymous], 2017, Zhurnal predprinimatel'skogo i korporativnogo prava-Journal of Business and Corporate Law, P17
  • [4] [Anonymous], 2017, Financial Law, P21
  • [5] Balabanov I. T., 1996, Risk Management
  • [6] Balaeva O. N., 2015, Empirical Analysis of the Public Procurement System in Russia
  • [7] Active and Passive Waste in Government Spending: Evidence from a Policy Experiment
    Bandiera, Oriana
    Prat, Andrea
    Valletti, Tommaso
    [J]. AMERICAN ECONOMIC REVIEW, 2009, 99 (04) : 1278 - 1308
  • [8] Belokrylova O. S., 2015, Journal of Economic Regulation, P28
  • [9] THE LEGISLATION OF THE REPUBLIC OF SERBIA IN THE FIELD OF PREVENTION OF CORRUPTION IN PUBLIC PROCUREMENT
    Boskovic, Marina Matic
    Kostic, Jelena
    [J]. BRATISLAVA LAW REVIEW, 2021, 5 (01): : 145 - 157
  • [10] Chestnov I. L., 2018, The Crisis of Law: History and Modernity]: a monograph, P161