scholarly journals Socially Dangerous Consequences Of Criminal Offenses In The Field Of Public Procurement

2021 ◽  
pp. 120-129
Author(s):  
A.M. Cheredarchuk
Keyword(s):  
Law Enforcement ◽  
Tax Evasion ◽  
Power Distribution ◽  
Public Procurement ◽  
Security Threat ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Criminal Offenses ◽  
Procurement Procedure ◽  
Procurement System

In the article the author analyzes the national legislation, scientific research and the results of law enforcement activities of law enforcement agencies in the field of public procurement. It has been established that the opacity and inefficiency of mechanisms for controlling the public procurement process leads to the use of corruption schemes to embezzle budget funds, legalize and misappropriate them by unscrupulous officials and, as a consequence, to «shadow» the national economy. In the current conditions of the country’s development, corruption is perhaps the most negative consequence of criminal acts in the field of public procurement. Corruption in the public procurement system, as in any other area, is associated with the exercise of power, distribution or redistribution of material resources or funds, a phenomenon that is not new or even national. Another clear example of the consequences of public procurement crime is the threat of unfair competition. Among the abuses committed by public procurement participants, the greatest degree of security threat is conspiracy of participants. A conspiracy is an agreement between two or more participants in a procurement procedure aimed at setting the price of a competitive bidding offer or a price offer at artificial or non-competitive levels with or without the knowledge of the customer. The main danger of fictitious entrepreneurship is property damage to legal entities and individuals, the state, which, in turn, is expressed in concealing the facts of prohibited activities, illegal conversion of non-cash into cash, creating preconditions for tax evasion and other illegal goals, promoting legalization ( money laundering) of funds obtained by criminal means, etc.

scholarly journals Burden of Proof Reversal in Criminal Acts of Money Laundering

2019 ◽  
pp. 98-104
Author(s):  
Muhammad Khusnul Fauzi Zainal ◽  
Syukri Akub ◽  
Andi Muhammad Sofyan
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Burden Of Proof ◽  
Public Prosecutor ◽  
Legal Research ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Community Law ◽  
Legal Structure ◽  
Criminal Offenses

This study aims to analyze the burden of proof reversal system in handling cases of money laundering. This type of research is normative juridical legal research. The results of this study indicate that in the reversal system of the burden of proof of criminal acts of money laundering, each party has a burden of proof, the public prosecutor is burdened to prove that these assets are the property of the defendant and has a relationship with the original criminal act charged, while the defendant burdened to prove the origin of the assets claimed and if the defendant is unable to prove the origin of the assets, the assets can be strongly suspected to originate from criminal offenses. There are still obstacles in law enforcement both from the substance of the law (norms), legal structure (law enforcement agencies) and the culture of law (the culture of community law).

scholarly journals MANAGING PUBLIC PROCUREMENT APPEALS

2019 ◽  
Vol 4 (4) ◽  
pp. 79-85
Author(s):  
Anna SLOBODIANYK ◽  
Nadiya REZNIK
Keyword(s):  
Civil Rights ◽  
Process Analysis ◽  
Public Procurement ◽  
Individual Case ◽  
The Public ◽  
Procurement Contract ◽  
Procurement Procedure ◽  
The Moment ◽  
The Right ◽  
Procurement System

Introduction. The main purpose of the public procurement system is determined by the need to ensure efficient use of budget funds in the development of competition, transparency and openness of the procurement process organization. The purpose of the research is to conduct the process analysis of contesting the public procurement procedure by tenderers. Results. The authors argue that evaluating the dispute resolution effectiveness between the complainant and the customer on the basis of the balance of rights, interests, and objectives of the procurement law is, in practice, an extremely difficult issue that must be resolved in each individual case. The specifics of determining the procurement subject by the customer are highlighted in such a way as to preserve the right to choose the product that suits him best and not to buy the cheapest existing product on the market, such as paper according to certain parameters of density and level of linen. But if the customer has already defined in the tender documentation technical and the qualitative characteristics of the procurement subject, he has no right to further deviate from them when selecting the winner. It is proved that the appeal procedure is created specifically to ensure a quick and professional settlement of conflicts between the participant or potential participant of the procurement procedure and the customer regarding the actions of the customer, which violate the right of such participant in the procurement procedure and the conclusion of the contract with the customer. Attention is drawn to the appeal terms of the tender documentation claim being challenged and the possible addition of justification for the need to amend the conditions of the tender documentation with the opportunity to give additional evidence. Conclusions. From the moment of the procurement contract conclusion between the state customer and the successful tenderer, classic private legal relations emerge, and consequently, after the conclusion of the procurement contract for public funds, which is the final stage of the procurement procedures, civil rights and obligations arise between the parties, and consequently civil rights and obligations arise to appeal the procurement procedure. Keywords: public procurement; body of appeal; tender documentation; the subject of the appeal; legislation on public procurement.

scholarly journals Features of using the electronic system ProZorro in public procurement in Ukraine: problems and ways to overcome them

2021 ◽  
pp. 100-113
Author(s):  
Natalia Ponomarenko ◽  
Christina Voznyakovska ◽  
Julia Nemish
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Positive Impact ◽  
Public Procurement ◽  
Electronic System ◽  
Tender Offers ◽  
The Public ◽  
General Scientific ◽  
The Law ◽  
Procurement System

Summary The purpose of the article is to study the problematic aspects of the functioning of the electronic public procurement system ProZorro in Ukraine and to develop proposals for minimizing abuses in the field of tender procedures. Research methods: The article uses general scientific research methods, in particular: synthesis analysis – in the study of scientific literature and determining the features of the electronic public procurement system ProZorro; economic and statistical analysis and comparison – with indicators of public procurement in Ukraine; generalization – when developing recommendations for minimizing abuses in the field of public procurement within the electronic system ProZorro. Scientific novelty: is to determine the main mechanisms of abuse in the field of public procurement in order to obtain illegal benefits: the fragmentation of contracts and the development of sub-threshold trade procedures and justification of ways to minimize them. In particular, in the article It is substantiated that non-competitive tender offers carry high corruption risks and lead to inflated prices for the supply of goods, services and works. It is proposed to amend the Law of Ukraine «On Public Procurement» in order to prohibit the conclusion of additional agreements after the tender; prohibition to change the conditions of the tender and tender documentation after the announcement of tenders; prohibitions to combine goods into one lot and set maximum payment terms for delivered goods for more than 30 calendar days. Conclusions: The study concludes that the electronic public procurement system ProZorro has a positive impact on the development of public procurement in Ukraine, as it increases the transparency of bidding and tender procedures, expands opportunities for participation in tenders of small and medium-sized businesses and more. However, shortcomings, first of all, in the law enforcement and judicial system of Ukraine are caused by frequent cases of corruption schemes in the public procurement system both within the ProZorro system and outside it. Elimination of corruption schemes in the public procurement system is possible subject to amendments to the Law of Ukraine «On Public Procurement». Keywords: public procurement, ProZorro, tender, tender offer, electronic bidding, competitive and non-competitive procedures.

PROBLEMS OF ESTABLISHING A PUBLIC PROCUREMENT SYSTEM IN THE KYRGYZ REPUBLIC

2020 ◽  
Vol 20 (1) ◽  
pp. 188-196
Author(s):  
Aygul Abdukarimova ◽  
Keyword(s):  
Public Procurement ◽  
Competitive Bidding ◽  
Kyrgyz Republic ◽  
Procurement Management ◽  
The Public ◽  
History Of ◽  
Procurement Procedure ◽  
Universal Definition ◽  
Definition Of ◽  
Procurement System

The article explores the history of the formation and development of the public procurement system in the Kyrgyz Republic, provides a universal definition of the concept of “public procurement”. The main problems of implementing a public procurement system at the level of regulatory legal acts are considered. The analysis of the first Law on Public Procurement was carried out, which did not take into account international experience in public procurement management. Timely introduction of the competitive bidding system in the public procurement procedure is justified. An analysis of the volume of public procurement for a certain period of time was also conducted to assess the development of the public procurement system in the Kyrgyz Republic. Based on the study, recommendations are given to improve e-procurement management.

scholarly journals SANKSI HUKUM TERHADAP PELAKU KEJAHATAN DENGAN HYPNOSIS

2014 ◽  
Vol 7 (13) ◽  
Author(s):  
Bhakti Prasetyo
Keyword(s):  
Law Enforcement ◽  
Legal Issues ◽  
Legal Certainty ◽  
Law Enforcement Agencies ◽  
Criminal Offense ◽  
The Public ◽  
Criminal Offenses ◽  
Ancient Times ◽  
The Many ◽  
Principle Of Legality

Hypnosis crime is a conventional crime that has existed since ancient times until today, although it has been around since before this country turns to date we have not had a clause governing criminal offenses. In Empirical hypnosis crime has a lot going on in Indonesia and has many court decisions are fixed (Incracht) that hypnosis criminal act is a criminal offense. The principle of legality to say that "there is no act can be imprisoned except by the power of the criminal provisions of the existing law" means that the person can not be punished without any written rules that govern them.In fact a lot of events that happen in the middle of the community where the event has not been set in criminal law today. Hypnosis crime is one of the many legal issues that occur at this time where the crime is no crime that govern article.Judge looks hypnosis is used as a tool for easy mode or intentions that resulted in harm to another person called a crime and imprisonment sanction that be a lesson to the public or to the law enforcement agencies for to ensure legal certainty and sense of fairness in society.Key words :Penegakkan hukum (law enforcement), Keadilan (Justice),  Kepastian (assurance)Sanksi ( Sanction )

scholarly journals Progres of the Public Procurement System in Albania and in the European Union

2016 ◽  
Vol 1 (2) ◽  
pp. 72
Author(s):  
Emalita Dobra
Keyword(s):  
European Union ◽  
Public Administration ◽  
Public Procurement ◽  
Public Works ◽  
The European Union ◽  
The Public ◽  
Public Contracts ◽  
Procurement Procedure ◽  
Proper Estimation ◽  
Procurement System

A proper estimation of the value of the public contracts is of major importance of the contracting authority. First, value of contracts govers the regime of rules under which the proceedings will be conducted. Second the decision of the contracting authority concerning the application of specific procurement procedure depends whether the value of contract is below or above specific threshold. For multi year contracts or contracts with renewal option, the contracting Authority must provide clauses for the revision of prices in accordance with published official inflation. In case of goods the contracts through renting or leasing of these, the estimated value of the public contract shall be based on the monthly rent or fee multiplied by the number of months the contract will last. The contracting Authority is responsible for comparing the above mentioned elements with a cost analyses of the goods, services or works. European Union rules provided in Article 9 of the directive 2004/18/EC of the European Parliament and of the council of 31 March 2004 on the coordination of procedures for the award of public works, supply and services and in contain also more detailed rules concerning methods of estimation of contract value which should be applied in specific case. The priciple of the transparency of public procurement requires that all potential contractors have the same chances to compete for contracts being offeres by public administration. (; public contracts, procurement, goods, proceedings contracting Authority, etc. )

scholarly journals Digitalisation of public procurement: The case study of Ukraine

2019 ◽  
Vol 53 (3) ◽  
pp. 61
Author(s):  
Nataliya Synyutka ◽  
Oksana Kurylo ◽  
Mariya Bondarchuk
Keyword(s):  
Public Procurement ◽  
Synthesis Method ◽  
Electronic System ◽  
Theoretical Background ◽  
The Public ◽  
Electronic Procurement ◽  
Public Consumption ◽  
Procurement Procedure ◽  
Procurement System ◽  
The Impact

<p><strong>Theoretical background</strong>: There is an ongoing global acceleration of automation and digitalisation in financial processes, which points to significant changes in public spending policies. After an analysis of several scientific studies, fundamental approaches have been elaborated to understand public consumption and the system of state purchases. The basic hypothesis for this research was to study the possible impact of the electronic procurement market ProZorro on state purchases in Ukraine. Possible directions are: increasing competitiveness, optimising state expenditures and saving the budget funds of public services based on innovative digital technology.</p><p><strong>Purpose of the article</strong>: The main goal is to investigate the impact of the electronic public procurement system ProZorro on corruption and bureaucracy in the public sector of Ukraine. The study object is an analysis of the volume and structure of the public procurement market, the number of procedures and participants in a bidding process, and the savings amounts in ProZorro’s public purchases during the study period in Ukraine.</p><p><strong>Research methods</strong>: The following methods were used during the research of the Ukrainian electronic procurement system: dialectical method; analysis and synthesis method – for a comparison of certain types of public procurement; subthreshold and suprathreshold statistical methods – for analysing the dynamics of indicators of the domestic system of public procurement during the period under research for a comparison of the indicators of public consumption of certain ministries and departments, different regions and territorial entities; structural and logical analysis – for generalising the theoretical and methodological principles of building a public consumption system in Ukraine. The main source of data was the data and analytical base of the ProZorro electronic public procurement system.</p><p><strong>Main findings</strong>: Effects of the innovative digital paradigm on the transparency and efficiency of public procurement are determined. Considerable attention is paid to the implementation of the electronic public procurement system ProZorro in Ukraine. The expediency is substantiated for its implementation in the national practice of budget expenditures, and the principles and procedures of implementation are analysed. The practice and dynamics of the public procurement market in Ukraine are summarised. The conclusions of the advantages of electronic system are provided, including transparency and impartiality, stimulation of competition and non-discrimination of bidding participants, reduction of corruption and the effect of reducing the savings of budget funds. Potential risks, threats and disadvantages of the ProZorro system in Ukraine are highlighted. Among them are: a high proportion of non-competitive procedures; possible latent conflict regarding the participants’ interests; unreasonable time spent on individual procedures; the justification of the procurement procedure to one participant due to a dubious “urgent need”; unreasonable application of the procurement procedure to one participant due to the falsification of conditions or the division of the procurement subject; the existence of discriminatory requirements in the documentation of competitive bidding; and a lack of efficiency in the complaints handling mechanism.</p>

scholarly journals International and European experience of avoiding corruption risks during public procurement

2018 ◽  
Vol 6 (10) ◽  
pp. 62-73
Author(s):  
O. V. Altsyvanovych ◽  
Y. Y. Tsymbalenko
Keyword(s):  
Public Procurement ◽  
Integrated Approach ◽  
Competitive Bidding ◽  
Short Term ◽  
The Public ◽  
Regulatory Documents ◽  
Foreign Countries ◽  
European Experience ◽  
Procurement Procedure ◽  
Procurement System

The international and European experience of avoiding corruption risks in public procurement has been investigated. An analysis of the functioning of the public procurement system in various countries led to the conclusion that the authorized authorities use various mechanisms to ensure the effectiveness of its organization. This applies, in particular, to the requirements for competitive bidding, disclosure of information by their participants, establishing the responsibility of officials for compliance with the procedures and rules established by law, etc.Along with the regulatory documents governing the procurement procedure in foreign countries directly, the important role is played by declarations and standards relating to the direct regulation of the procedures and principles of public finance FC.The main approaches used in international practice to avoid corruption risks in the implementation of public procurement are identified, namely: psychological methods, technical methods, regulation of processes, repressive means.It was concluded that, limited to individual branches of influence or the methods indicated above, only a short-term effect can be obtained, because after a certain period of time, the structure and mechanism for releasing illegal income will change, moving into industries not covered by instruments of control and opposition. As a result, the total corruption losses will return to their previous size or even exceed them. Consequently, it is possible to get tangible results of indicators of reducing corruption only by applying an integrated approach, that is, a balanced use of all methods of counteraction at each stage of the public procurement process.

Researching the public procurement system: An analysis of winning organizations

2020 ◽  
Vol 16 (5) ◽  
pp. 860-884
Author(s):  
V.G. Kogdenko ◽  
A.A. Sanzharov
Keyword(s):  
Public Procurement ◽  
The Public ◽  
Debt Capital ◽  
Scientific Principles ◽  
General Scientific ◽  
Marketing Information ◽  
High Level ◽  
Return On Sales ◽  
Procurement System ◽  
Social Components

Subject. The article deals with the analysis of suppliers in the public procurement system based on reasonable prequalification parameters. Objectives. The aim is to test the hypothesis about strong reputation characteristics of the winners in the public procurement system and develop a methodology for assessing the reputation of suppliers for prequalification purposes. Methods. We employ general scientific principles and methods of research, like abstraction, generalization of approaches used by domestic and foreign authors for prequalification and assessment of reputation of public procurement participants. Results. To test the hypothesis, we calculated four groups of indicators on corporate, financial, market, and social components of reputation. The methodology was tested on the data obtained from SPARK-Interfax and SPARK-Marketing information resources. Conclusions. The study revealed that not all reputational characteristics of public procurement winners can be regarded as high level. In terms of the corporate component, it is the low level of share capital, indicating the mistrust on the part of owners and their reluctance to invest in the business, and the low percentage of non-current assets. In terms of the market component, it is a low sales growth rate, as well as low return on sales. As to the financial component, it is a low capitalization of winners, low share of long-term debt capital and low credit limit. With respect to the social component, it is a below-average tax burden.

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