scholarly journals SOCIO-ECONOMIC SECURITY OF THE STATE: THROUGH THE PRISM OF SUBJECTIVE EVIDENCE OF THE CRIMES COMMITTED IN THE SPHERE OF PUBLIC PROCUREMENT

2019 ◽  
Vol 2 (1) ◽  
pp. 100-112
Author(s):  
Владимир Юрьевич Дроздов ◽  
Надежда Борисовна Хлыстова

The article is devoted to the description of subjective signs of crimes committed in the sphere of public procurement as socially dangerous acts that infringe on the socio-economic security of the state as a whole. The relevance of the study is noted, it is indicated that the public danger of crimes committed in the field of public procurement is associated with special features of the subject who committed the crime, the concept of which is inextricably intertwined with the concept of an official. A retrospective analysis of the concept of «official». The attention is focused on the fact that the establishment of authorized persons in the Commission of corruption crimes in procurement should be based on the fact that the crimes of this category can be committed only by persons performing their functions exclusively in the performance of their powers related to the procurement. There are arguments in favor of the fact that the subjective side of crimes in the sphere of state, municipal procurement and procurement by certain types of legal entities is characterized by guilt in the form of intent in relation to the criminal act itself, a selfish motive or other personal interest, while the attitude to the consequences does not affect the qualification. It is indicated that when committing a corruption crime in the field of public procurement, the act is a violation of the rules regulated by special rules for procurement at any stage. Conclusions are drawn on the structure of the analyzedcrimes.

2021 ◽  
Vol 2 (11) ◽  
pp. 150-159
Author(s):  
Yulia G. Leshchenko ◽  

The purpose of this work is to study the transformation of the concept of «economic security» in the process of global integration and state participation in international financial and economic organiza-tions. Analyzed the theoretical aspects: integration and economic security of the state in terms of membership in international financial and economic organizations. The conceptual conjugation is defined – «economic security of the state» – «global integration» – «international financial and economic organizations». The object of the research is the concept of economic security the subject is the transformation of the theory and methodology of the economic security of the state in the process of global integration under the conditions of membership in international financial and economic organizations. The work used the methods of scientific generalizations, data systematization, methods of comparison and analogy, logical and retrospective analysis. The information base of the research was publications of Russian and foreign scientists and specialists, as well as works of authorship on the problem under study. The research hypothesis is to prove the transformation of the concept of «economic security of the state» in the process of global integration in terms of membership in international financial and economic organiza-tions. Scientific novelty is the author's approach to the concept of economic security of the state in the context of the conceptual conjugation «economic security of the state» – «global integration» – «international financial and economic organizations». The research material used by specialists in the field of national security and its other types, as well as for educational purposes.


Author(s):  
Vasily Dolinko

The article deals with the issues of the identity of the subject who commits criminal acts in the field of public procurement for municipal and state needs. The state and its law enforcement agencies reliably protect the economic security of our sovereign country, effectively countering crime in the field of state procurement, protecting the economic sovereignty of our country, protecting our state from the destructive impact of external and internal threats and factors, from dangers and various negative challenges and risks in the field of economic security of the Russian Federation.


2021 ◽  
Vol 13 (2) ◽  
pp. 319-329
Author(s):  
Kamaluddin Abbas

The government has made many laws and regulations, but corruption issues cannot yet be controlled. Police and Prosecuting Attorney Institutions have not yet functioned effectively and efficiently in eradicating corruption. Therefore, the public hopes Komisi Pemberantasan Korupsi (KPK)/the Corruption Eradication Commission eliminates the crime. KPK is considerably appreciated by the public due to Operasi Tangkap Tangan (OTT)/Red-handed Catch Operation to many government officials involved in bribery action, but the subject matter thereof is whether the OTT is in line with the fundamental consideration of KPK founding pursuant to Law Number 30 of 2002 as updated by the Law Number 19 of 2019 in order to increase the eradication of corruption crime causing the state's financial loss with respect to people welfare particularly KPK powers pursuant to the provision of Article 11 thereof, among others, specifying that KPK shall be authorized to conduct inquiry, investigation and prosecution on corruption crime related to the state financial loss of at least Rp 1,000,000,000 but in fact many OTTs performed by KPK have a value of hundred million Rupiah only and even there are any cases below Rp 100,000,000.-, and bribery action control through OTT being more dominant if compared to the state's financial corruption is not in line with the primary consideration of KPK founding, and similarly the OTT below 1 billion Rupiah doesn't conform to the provision of Article 11 thereof.


Author(s):  
Alfonso CHACÓN MATA

LABURPENA: «Giza Eskubideetan Oinarritutako Ikuspegiaren» irismena azaltzeko asmoa dauka artikulu honek, zer-nolako aldagaiak eta kontzeptuak biltzen dituen ulertze aldera. Horren bilakaeraz eta indarraldiaz arituko gara, bai eta horren modalitate aplikatua nola nabarmentzen den azalduko ere. Horretarako, Nazio Batuen Erakundearen esparruan garatu diren ekarpenak eta gaiaren inguruko doktrina aditua erabiliko ditugu. Administrazio Publikoan duen indarra ezin ukatuzkoa da; izan ere, estatuak eta horri atxikitako erakundeek oso kontuan eduki behar dute politika publikoak norbanakoen eta komunitateen beharrei arreta ematen ari zaien jakiteko balio duela ikuspegi horrek, edota politika publiko horiek kontu emanez gardentasun publikoa eratzen ari diren nahiz edozelako diskriminazioa saihesten ari diren jakiteko balio duela. Azkenik, ikuspegi horrek Giza Eskubideen Gorte Interamerikarraren jurisprudentzia-aurrekari batzuetan duen indarraldia eta eragina aztertuko dira. RESUMEN: El presente artículo tiene la intención de exponer los alcances del «Enfoque Basado en Derechos Humanos», con la finalidad de entender que variables y conceptos involucra. Haremos un recuento de su evolución, vigencia y cómo se evidencia su modalidad aplicada, a través de diferentes aportes desarrollados en el marco de la Organización de Naciones Unidas, así como de la doctrina estudiosa del tema. Su vigencia en la Administración Pública es de primer orden, puesto que el Estado y sus entidades adscritas, deben tener muy en cuenta que el enfoque citado, sirve para conocer si las políticas públicas, están atendiendo necesidades de individuos y comunidades concretas; generando transparencia pública a través de rendición de cuentas, así como evitando cualquier tipo de discriminación. Finalmente, se analizará su vigencia e impacto en algunos antecedentes jurisprudenciales de la Corte Interamericana de Derechos Humanos. ABSTRACT: This article intends to expose the scope of the «Human Rights Based Approach», in order to understand what variables and concepts it involves. We will recount its evolution, validity and how its applied modality is evidenced, through different contributions developed within the framework of the United Nations, as well as the doctrine studious of the subject. Its validity in the Public Administration is of the first order, since the State and its affiliated entities must take into account that the aforementioned approach serves to know if public policies are addressing the needs of specific individuals and communities; Generating public transparency through accountability, as well as avoiding any type of discrimination. Finally, its validity and impact will be analyzed in some jurisprudential antecedents of the Inter-American Court of Human Rights.


1834 ◽  
Vol 1 (2) ◽  
pp. 258-279 ◽  
Author(s):  
Brian Houghton Hodgson

[With a view to obtain correct and authentic information on the subject of Nepálese law, both in its theoretical principles and practical administration, Mr. Hodgson addressed a series of questions to several individuals who were judged most capable of replying to them in a full and satisfactory manner. Copies of these series of interrogatories, with their respective answers, have been communicated by him to the Royal Asiatic Society (together with a separate paper on crimes and punishments); and the following article has been drawn up from a careful comparison of the whole, excluding as much as possible the repetitions unavoidably occurring, in many instances, in the various answers to any particular question. A reference to the works of Kirkpatrick, Hamilton, and others, will shew how little has hitherto been contributed to the knowledge of Europeans respecting Oriental systems of jurisprudence, as far as regards the kingdom of Nepal; it is therefore particularly gratifying to be enabled to produce so complete a view of the subject as has been furnished by Mr. Hodgson, whose perseverance and energy in obtaining an acquaintance with these and other matters hitherto kept sacred from all strangers, are only equalled by the intelligent and liberal manner in which he communicates to the public the information he has acquired.—Ed.


2019 ◽  
Vol 110 ◽  
pp. 02090 ◽  
Author(s):  
Elena Karanina ◽  
Ksenia Kartavyh

Every year, the volumes of funding in the sphere of provision of state and municipal demand increases significantly. Achieving the effectiveness of government contracts is one of the main and “eternal” problems of public funds management. For public procurement to be effective, it is necessary to meet the needs of the relevant actors, i.e. society, the state, and the private sector. In order to make a qualitative forecast of the results of public procurement placement, the development and implementation of measures aimed at improving the public procurement system, it is necessary to assess the current situation of manifestation of risks arising from the procurement of goods, works and services for state and municipal needs. For this purpose, a risk-based model for assessing the system of state and municipal procurement has been developed, which allows disclosing the nature of the risks of the procurement cycle fully and identifying a case scenario for choosing a way to loss minimization.


1857 ◽  
Vol 3 (22) ◽  
pp. 548-566
Author(s):  
J. C. B.

On few occasions has the great heart of the public been more deeply moved than by the recent revelations of the Scotch Lunacy Report. The report itself is a document remarkable not only for the information it contains, but for the soundness of opinions which it expresses, and for its general good sense, moderation, and justice. It is excellent, both in matter and manner, and is highly creditable not only to the whole of the Commissioners, whose industry in their vocation it illustrates, and whose opinions it enunciates, but it is so in the highest degree to the particular Commissioner to whom was entrusted the task of drawing it up, and whose enlightened views and wide knowledge on the subject of insanity, our associates will have no difficulty in recognising.


Archaeologia ◽  
1888 ◽  
Vol 51 (1) ◽  
pp. 167-172 ◽  
Author(s):  
Harold Arthur Dillon

The Letter from Sir Henry Lee, Master of the Armoury to Elizabeth, addressed to Lord Burghley, which forms the subject of this paper, has not before been printed. It is calendared among the State Papers, in the Public Record Office, and is holograph bearing the date 12 Oct. 1590.


Populism ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 146-171
Author(s):  
Emre Balıkçı

AbstractThe aim of this article is to reveal the institutional dimensions of populism, which tend to be ignored because of the hegemony of economic analysis of the subject. Whereas many researchers assume that populism is a result of the negative economic effects of neoliberal policies on the middle class, I argue that populism is also a corollary of neoliberal institutions’ effect on the political power of so-called ordinary people. To illustrate this, I focus on the rhetoric of Turkish populists concerning two important economic institutions in Turkey: the Public Procurement Authority and the Central Bank. This examination shows that Turkish populists view the independent institutions of neoliberalism as a barrier against the people’s political will and define themselves as fighters for democracy.


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