scholarly journals SOME ASPECTS ARISING WHILE THE CONDUCTING FORENSIC ECONOMIC EXAMINATIONS IN THE FIELD OF PUBLIC PROCUREMENT

2019 ◽  
pp. 747-763
Author(s):  
Keyword(s):  
Exchange Rate ◽  
Natural Gas ◽  
Public Procurement ◽  
Criminal Liability ◽  
Criminal Code ◽  
European Market ◽  
Unit Price ◽  
Supply Contract ◽  
Forensic Practice ◽  
Gas Market

In this article, based on the analysis of expert and forensic practice, the study of regulatory sources are analyzed some aspects arising from the execution of forensic examinations on the compliance of business operations with the norms of the current legislation of Ukraine in public procurement of natural gas, damage to budget institutions by changing the essential conditions of the tenders’ results for supply contracts for changes in price and supply volumes. The nature of changes in Ukraine natural gas prices several times a day in accordance with changes in prices on the European market and changes in the UAH exchange rate are considered as well. The purpose of the article is to summarize and systematize the existing expert and forensic practice on the grounds for changing the unit price of a product, including several times a day related to price changes in the European market and changes in the UAH exchange rate, using the example of problematic issues in public procurement of natural gas; identify the characteristics and reveal the legal nature, the essence of such changes; explore the current legislation in the field of public procurement for compliance with the application of changes in the essential terms of the supply agreement after the signing of it when public enterprises make purchases. The main problem of the study is the lack of clear rules, enshrined in legislation on changes in the price of goods after the conclusion of the supply contract. This leads to an ambiguous interpretation of certain rules governing public procurement and, as a result, criminal liability under officials under the Criminal Code of Ukraine for violations that are qualified by the pre-trial investigation authorities as misappropriation or wasteful spending of budget funds. In the article, on the basis of the analysis of problematic issues that experts face in their practical work, the existing approaches to solving problems when conducting a forensic examination are analyzed. Key words: budget sphere, public procurement, natural gas market, fluctuations in market prices, losses.

scholarly journals Novels of the Criminal Code on responsibility for abusesin public procurement: background and problems of qualification

2018 ◽  
pp. 34-43
Author(s):  
A. Ya. Asnis
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Public Procurement ◽  
Criminal Liability ◽  
Criminal Code ◽  
Federal Law ◽  
Service Contract ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Contract Managers

The article deals with the criminological grounds and background of the adoption of the Federal law of April 23, 2018 № 99-FZ, which introduced criminal liability for abuse in the procurement of goods, works and services for state or municipal needs (Art. 2004 of Criminal Code of the Russian Federation) and for bribery of employees of contract service, contract managers, members of the Commission on the implementation of the procurement of persons engaged in the acceptance of the delivered goods, performed works or rendered services, other authorized persons, representing interests of customer in the scope of the relevant procurement (Art. 2005 of the Criminal Code).The author formulates private rules of qualification of the corresponding crimes and differentiation of their structures from structures of adjacent crimes and administrative offenses. The necessity of changing the position of the legislator regarding generic and direct objects of these crimes, the adoption of a special resolution of the Plenum of the Supreme Court of the Russian Federation to explain the practice of applying the relevant innovations.

scholarly journals CRIMINAL RESPONSIBILITY FOR GIVING FALSE EXPERT CONCLUSIONS IN THE FIELD OF PURCHASING GOODS, WORKS, SERVICES

2020 ◽  
Vol 30 (1) ◽  
pp. 84-90
Author(s):  
V.E. Zvarygin ◽  
D.S. Nazarova
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Public Procurement ◽  
Criminal Liability ◽  
Integrated Approach ◽  
Criminal Code ◽  
The Russian Federation ◽  
Illegal Activities

Illegal activities in the field of procurement of goods, works and services pose a threat not only to economic, but also to national security. The solution to this situation is possible only with an integrated approach, consisting not only in improving the efficiency of the regulatory authorities, but also in optimizing the current legislation. Article 107 of the Federal Law dated 05.04.2013 “On the contract system in the field of procurement of goods, work, services for the provision of state and municipal needs” provides the criminal liability of persons guilty of violating the laws of the Russian Federation and other regulatory legal acts on contract system in the field of procurement. However, until recently, the onset of criminal liability remained only “on paper”. The turning point in the criminal law regulation of relations in the field of public procurement was the year 2018, when federal laws were adopted that introduced amendments to the Criminal Code of the Russian Federation by criminalizing illegal acts in this sphere of public relations. One of the controversial articles by the structure of the criminal law elements is Article 200.6 of the Criminal Code of the Russian Federation, which established criminal liability for giving a knowingly false expert opinion in the field of procurement of goods, works and services.

scholarly journals CRIMINAL LIABILITY FOR THE DISSEMINATION OF FALSE INFORMATION DURING THE PANDEMIC: QUESTIONS OF THEORY AND PRACTICE

2021 ◽  
Vol 31 (1) ◽  
pp. 81-89
Author(s):  
A.A. Shutova ◽  
M.A. Efremova ◽  
A.A. Nikiforova
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Theory And Practice ◽  
False Information ◽  
Law Enforcement Agencies ◽  
Inaccurate Information ◽  
Forensic Practice ◽  
Administrative Code

This publication provides an overview of the current domestic legislation providing for responsibility for the dissemination of false information in the conditions of the pandemic of a new coronavirus infection (COVID-19) (Articles 2071 and 2072 of the Criminal Code of the Russian Federation, Article 13.15 of the Administrative Code), problems arising in the process of applying these norms. The authors pay close attention to the existence of technical and legal errors in criminal law norms, as well as to the existence of sectoral competition between administrative and criminal laws in forensic practice. The present article attempts to study the elements of the corpus delicti that cause the most difficulties among law enforcement agencies and specialists in the field of criminal law doctrine. In addition, attention is paid to foreign experience in countering such criminal acts. The scientific study also reviews the available explanations of the highest court published during the epidemic, including those affecting the legal assessment of crimes under Art. 2071 and 2072 of the Criminal Code. Based on the research carried out, including the study of law enforcement materials, measures are proposed to improve the existing legislation in the field of combating the dissemination of inaccurate information about coronavirus and its practice.

A NEW TYPE OF BRIBERY

2021 ◽  
pp. 77-81
Author(s):  
Aleksey I. Rarog
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Public Procurement ◽  
Criminal Liability ◽  
Criminal Code ◽  
New Type ◽  
The Russian Federation ◽  
Legal Grounds

The problem of a passive bribery subject in the field of public procurement is actualized. The article substantiates the relevance of issues related to the establishment of criminal liability in article 200 5 of the Criminal Code of the Russian Federation not for a new type of bribery, but for a special type of bribery, the introduction of which has neither social nor legal grounds. When creating a new criminal law standard, the domestic legislator did not fully take into account its blank status, therefore, the characteristics of passive bribery subjects do not conform to the current legislation. Thus, the assessed criminal law standard cannot be found in Chapter 22 of the Criminal Code of the Russian Federation, but it is also not needed in chapter 30 of the Criminal Code of the Russian Federation.

scholarly journals ИННОВАЦИОННАЯ ФОРМА ОБРАЗОВАТЕЛЬНОЙ ДЕЯТЕЛЬНОСТИ В ВИДЕ КЛИНИКО-ПРАВОВЫХ РАЗБОРОВ НЕБЛАГОПРИЯТНЫХ СЛУЧАЕВ ОКАЗАНИЯ МЕДИЦИНСКОЙ ПОМОЩИ НА ПРИМЕРЕ УГОЛОВНЫХ ДЕЛ

2021 ◽  
Author(s):  
Valeriy Spiridonov ◽  
Andrei A. Anisimov
Keyword(s):  
Forensic Medicine ◽  
Professional Training ◽  
Criminal Liability ◽  
Criminal Code ◽  
Comprehensive Analysis ◽  
First Year Students ◽  
Forensic Practice ◽  
The Republic ◽  
Medical University ◽  
Legal Training

The goal is to analyze the level of legal training of Kazan State Medical University students in matters of possible criminal liability (CL) due to medical malpractice. Methods. For the period from January 1, 2018, to March 30, 2018, we surveyed 426 students of Kazan State Medical University. In the questionnaire, we used Russian legislation, the materials of forensic medicine, open investigative, and forensic practice. Among the questioned: first-year students - 122(28.6%), second - 51(12%), third - 63(14.8%), fourth - 58(13.6%), fifth - 68(16%) sixth - 64(15%). Results. 272(64%) consider that there has to be no CLfor medical workers. 392(92%) students do not know what Criminal Code articles used to prosecute medical workers. Possible CLscares from practice 204(48%) students. 342(80%) respondents noted that the study of medical errors cases would reduce their number in future practice. We introduced a new educational project, Medica Law Clinic at the KSMU Forensic Medicine Department. Its goal is to increse the legal and professional training of students through a comprehensive analysis of criminal medical cases. The work presents the personal experience of eight educational events. Conclusions. There is a need to increase the level of legal training of students of medical universities in criminal matters. A comprehensive analysis of criminal medical cases is a progressive pedagogical format that has proven itself in the Republic of Tatarstan.

MAIN SPECIFICATIONS OF ASSESSING ACTIVITIES OF MINOR IMPORTANCE OF IN MODERN CRIMINAL LAW

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 83-95
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Case Law ◽  
Criminal Code ◽  
The Other ◽  
European Countries ◽  
Minor Importance ◽  
Detailed Review

The research includes the full and the detailed overview of assessing activities of minor importance in Georgian Criminal Law. The Article 7 of the Criminal Code of Georgia states the following: a crime shall not be an action that, although formally containing the signs of a crime, has not produced, for minor importance, the prejudice that would require criminal liability of its perpetrator, or has not created the risk of such harm. The research includes the main criteria of defining activities as activities of minor importance. The detailed review of Georgian case law is also introduced, as well as, legislation, judicial literature and experience of the other European countries.

Research on imbalance between supply and demand in China's natural gas market under the double-track price system

Energy Policy ◽  
2021 ◽  
Vol 155 ◽  
pp. 112380
Author(s):  
Jian Chai ◽  
Xiaokong Zhang ◽  
Quanying Lu ◽  
Xuejun Zhang ◽  
Yabo Wang
Keyword(s):  
Natural Gas ◽  
Supply And Demand ◽  
Price System ◽  
Natural Gas Market ◽  
Gas Market ◽  
Double Track
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