scholarly journals Negative elements of the functioning mechanism of the public procurement contract system, which pose a threat to the economic security of the budget system

2020 ◽  
pp. 98-104
Author(s):  
Anton Borodin

The article discusses certain negative elements of the mechanism of functioning of the contract system of public procurement, which pose a threat to the economic security of the budget system of the Russian Federation. It is concluded that it is necessary to consider certain trends in the development of the contract system (including its further automation and digitalization), which as an integral part of the budget system affects in particular the economic security of the budget system of the Russian Federation as a whole.

2021 ◽  
Vol 13 (2) ◽  
pp. 110-115
Author(s):  
Vladimir V. Melnikov ◽  
◽  
Ilya N. Karelin ◽  

The paper provides the rationale for using the public contractual system of the Russian Federation as a mechanism of a proactive economic policy. A number of works are analyzed that consider expenditure stimulation through a public contractual system as the main regulatory tool, for instance, in building national innovative systems, advancing research and technology, modeling the structure of the economy as well as solving social problems. An empirical analysis of the role of the Russian contractual system is given in view of its impact upon development of the regional economies in 2012–2019. Regular significant relations between the scope of financing public procurement within the contractual system of the Russian Federation and adequate own funds in the regional budgets are confirmed. The trends in elasticity coefficients characterizing correlations between the scope of financing of public and municipal procurement within the Russian public contractual system and particular tax groups in consolidated budgets of the subjects of the Russian Federation in 2012–2019 indicate economic appropriateness of increased procurement costs in terms of simultaneously providing own funds to the budgets. A positive influence of public and municipal procurement upon the level of employment and innovative activity of entities is shown, verifying, therefore, the potential of the Russian contractual system to support social and innovative policy, which is consistent with international evaluations. Conclusions are reached on the expediency of employing the budget and contractual system cumulatively as a proactive mechanism of economic policy to achieve efficient economic orders.


Author(s):  
Arthur Viktorovich Lazarev ◽  
Anastasia Romanovna Lazareva ◽  
Natalia Alekseevna Prodanova

The article defines the role of the Federal Antimonopoly Service (FAS) of the Russian Federation in the system of inspecting competition violations in the field of procurement; analyzed statistics of violations in this area; Based on a critical analysis of the FAS, the prospects for the development of control activities by this service in the field of public procurement are substantiated; a number of measures are formulated, the application of which would make it possible to increase the efficiency of the public procurement procedure at the present stage.


Author(s):  
S.N. Kovalenko

This article examines in detail the aspects of the regulatory organization of the procurement procedure in the field of healthcare, examines the rights of the parties to the procurement, their obligations and responsibility for violations of the terms of the contract for the supply of goods and (or) services. In addition to the regulatory aspects, the process of purchasing medical goods and goods for the needs of a medical institution is considered. The contract for the supply of pharmaceutical products is analyzed. On its basis, the analysis was carried out, according to the normative legal acts on the compliance of the performance of both parties of their powers and duties, comments were formed that can be regarded as a violation of the legislation of the Russian Federation.


2021 ◽  
Vol 2 ◽  
pp. 6-9
Author(s):  
Irina A. Firsova ◽  
◽  
Elena P. Radchenko ◽  

The article considers the existing procedure for forecasting revenue receipts administered by the Federal Penitentiary Service of Russia to the budgets of the budget system of the Russian Federation from the point of view of economic security. It is noted that the formation of federal state institutions, in fact, led to the deprivation of the right to independently manage their own financial flows arising within the framework of their economic activities. Therefore, all income received by institutions and bodies of the penal system of the Russian Federation from the production of products, performance of works and provision of services should be planned and transferred to the budget. This, in turn, indicates the relevance of the formation of a unified approach to forecasting budget revenues of the budget system of the Russian Federation for items administered by the Federal Penitentiary Service of Russia, in connection with which the corresponding methodology has been approved. As a recommendation for calculating the forecast values, it is proposed to additionally use the extrapolation method.


2021 ◽  
Vol 12 (1) ◽  
pp. 34-55
Author(s):  
I. Yu. Fedorova ◽  
Yu. S. Pipiya

Purpose: is to identify the features of the organization of the Japanese public procurement system and the applicability of the positive experience for Russia. For this, it is necessary to study the organization of the public procurement system in Japan, highlighting the most effective elements and tools; to show the features of the functioning of the system and possible ways of future development; to give a comparative description of the procurement systems of Japan and Russia; to suggest ways to improve the Russian procurement system, using the experience of Japan.Methods: during the work, general scientific and special research methods were used, including statistical analysis, processing of analytical data, analogies, scientific generalizations, etc.Results: as a result of the analysis of changes in the legislative framework, on the basis of which public procurement in Japan is regulated, the authors examined the qualitative characteristics of the interconnections of the procurement system participants and assessed the development prospects, incl. Special attention is paid to the content and hierarchy of regulatory legal acts regulating the scope of procurement.The important link of the author's research was the procedure for organizing procurement in the course of applying various types of procurement procedures, including open, selective and limited procurement methods. A comparative analysis of the procurement systems of Japan and the Russian Federation allowed us to determine the similarities and differences in the organization of the procurement process.Conclusions and Relevance: as a result of the analysis the validity of the execution of the state order through the competitive procurement system used in world practice has been substantiated. This formed the basis of the targeted approach and the identification of promising directions in the development of the public procurement system in Japan until 2030. The authors highlight the areas that are successfully implemented in the field of public procurement in the Russian Federation. This indicates the positive development of the Russian system, which was created taking into account the best international experience, including Japanese practice. To improve the mechanism of interaction between participants and exchange of experience in the public procurement system, directions have been identified and the most effective tools have been identified.


2021 ◽  
Vol 234 (11) ◽  
pp. 32-45
Author(s):  
EDWARD S. KARPOV ◽  
◽  
SVETLANA V. KOMISSAROVA ◽  
VITALY V. AVDEEV ◽  
◽  
...  

The article deals with the problem of fulfilling the terms of state contracts for the supply of food for the needs of the penal system of the Russian Federation, associated with the receipt of low-quality products by customers. The subject of the study was the materials of judicial practice, accompanying documents of territorial bodies of the FPS of Russia, Russian civil legislation, scientific literature on the topic under study. The purpose of the work is to reveal and analyze the gaps in the legal regulation of food procurement for the needs of the penal system of the Russian Federation based on the materials of judicial practice. The practical significance of the work lies in identifying the difficulties in planning the public procurement to ensure the activities of the penal system in the event of non-performance or improper performance of obligations by suppliers. The methodological basis of the work was formed by the structural and logical method, methods of analysis, synthesis, comparison, induction. As a result of the work carried out, a comparative table of the terms of settlement of civil disputes between customers and suppliers of low-quality food products is presented, the problems affecting the proper execution of state contracts in the field of food procurement are highlighted, specific recommendations of the terms that can be included in the state contract with the aim of preventing unscrupulous food suppliers from participating in procurement are formulated. Key words: penal system, purchase of goods (works, services), contract system, provision for state needs, unscrupulous supplier, goods of inadequate quality.


2020 ◽  
Vol 17 (3) ◽  
pp. 356-366
Author(s):  
Elena Kalashnikova

The article is devoted to theoretical justification for the introduction of criminal prohibitions on criminal assault in the illicit movement of goods, specified in article 226-1 of the Criminal Code of the Russian Federation; the principles and bases of criminalization of smuggling in connection with her increased public danger. The analysis of the main components of social conditionality of criminal responsibility allows us to establish the validity of the introduction of new or existing criminal law norms. The article considers the public danger of smuggling (art. 226-1 of the Criminal Code of the Russian Federation), as an obligatory sign of a crime, revealing its social nature and social conditionality of the criminal liability under article 226-1 of the Criminal Code of the Russian Federation, depending on the extent and nature of public danger of the given kind of crimes. The social assessment of an act as a crime is based on its social danger, which is legally established in a normative legal act (Federal law) adopted in accordance with the established procedure and included in the criminal code of the Russian Federation. Attention is drawn to the fact that the public danger of smuggling is a threat to the foreign economic security of Russia. At the same time, there is a public danger of illegal movement across the customs border of the EEU (the customs border of the Customs Union within the framework of the EEU) of items specified in art. 226-1 of the Criminal Code of the Russian Federation is primarily concerned with causing harm to market economic relations developing in the EEU area, which forms a single customs territory, as well as causing material damage to the state in the form of unpaid customs payments, death or damage to particularly valuable wild animals and aquatic biological resources as contraband items. Smuggling as a negative social phenomenon includes the organization of activities related to violation of the customs and border regime. In the context of globalization and the development of market relations, smuggling is still the most common and most dangerous of customs crimes. Accordingly, the existence of a criminal law ban on its Commission remains socially conditioned, since it is a deterrent that allows the state to respond adequately to these types of criminal behavior.


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.


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