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1
Mitropan, Tetyana Konstantinovna. "CONSIDERATION OF MODELS AND MECHANISMS OF PUBLIC ADMINISTRATION OF PROCUREMENT OF GOODS, WORKS AND SERVICES IN CONSTRUCTION IN UKRAINE." UKRAINIAN ASSEMBLY OF DOCTORS OF SCIENCES IN PUBLIC ADMINISTRATION 1, no. 13 (August 27, 2018): 131–42. http://dx.doi.org/10.31618/vadnd.v1i13.141.
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The article presents the questions of reviewing models and mechanisms of public administration in the procurement of goods, works and services in the field of construction. A comparative analysis of the types of public procurement mechanisms in construction, based on a set of features, has shown the superiority of a centralized type of mechanism that facilitates the introduction of efficient and flexible procurement methods, for example, the conclusion of framework agreements. The author’s vision of the mechanism of state building purchases, in the form of a conceptual model and system differences, is proposed. It is determined that a decentralized model of public procurement management involves the independent implementation by purchasers of procurement, that is, allows each customer to procure goods, works and services in the field of construction. The centralized model of public administration is characterized by the implementation of public procurement in order to provide the general needs of a single body on public procurement, that is, customers commission the implementation of public procurement on their behalf, a centralized body. According to the combined model of management, public procurement in the construction industry takes place under contracts implemented under the centralized model, and the direct ordering and receipt of goods, works, or services takes place according to the rules of a decentralized model. It is noted that according to the system-wide understanding of the mechanism of public administration in the procurement of goods, works and services in the field of construction, it represents a set of specialized management technologies (methods, techniques and tools) that ensure the organization of the process of public procurement of construction products by authorized agents. The direction of this process is determined by the need to implement the principles of vali- dity and innovation, fair choice of the best bidding, prevention of corruption and ensuring the high efficiency of the implementation of public public procurement.
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Nepomnyashchyy, O. M., and T. K. Mitropan. "Foreign experience in risk management in the procurement of goods, works and services in the field of construction." Public administration aspects 6, no. 1-2 (March 31, 2018): 37–41. http://dx.doi.org/10.15421/1520185.
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In the article, with the help of theory and practice, the essence of foreign experience of risk management in the system of procurement of goods, works and services in the field of construction, its application content is disclosed. The main objectives of controlling purchases in the field of construction, which are provided with planning functions, are analyzed; analytical function; information function; coordination function. An important place is taken into assimilating of the different approaches to insurance of risks in the system of procurement of goods, works and services in the field of construction, differing in the degree of public participation. It is determined that the system of state purchases plays a strategic role in the construction sphere and promotes: modernization of infrastructure in the construction industry; creation of new methods and technologies of construction; housing and communal services development; improvement of personnel training, etc. It is stated that the achievement of the goals of organizing the procurement process in the construction and operation of facilities is based on the principles of openness and transparency of information contained in contracts for the procurement of construction services; provision of competition; professionalism of clients; stimulating innovation; harmony of contractual systems in the construction procurement field; realization of state and municipal needs. Changing the functions of the state in the complex conditions of development of the new economic system in one way or another affects all aspects of state participation in the economy, including in the construction sector. The state carries out the functions that their implementation is associated with significant material costs and is accompanied by mandatory costs for the purchase of certain types of construction goods, works and services.In general, the public procurement process is proposed to be seen as a mechanism by which countries allocate accumulated public funds to meet public needs and ensure the functioning of the country. The stimulating, innovative role of procurement in construction is manifested in the fact that the state, acting as a customer, is also the «first buyer» of new types of construction products and samples of experimental products in the field of construction, which have not, so far, been serial.
3
TKACHENKO, Nataliya. "TRANSFORMATION OF PUBLIC PROCUREMENT IN UKRAINE." Economy of Ukraine 2018, no. 9 (October 5, 2018): 123–38. http://dx.doi.org/10.15407/economyukr.2018.09.123.
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One of the mechanisms to ensure the public and state needs in goods, works and services is procurement, the principles of which are based on openness, transparency and efficiency. In various periods, rules of procurement in public sector of the economy were changed by regulatory and legal acts. Performance indicators of procurement (such as level of competition, share of competitive purchases and share of canceled bids) were being changed as well. Low performance indicators of procurement have caused negative consequences for the development of the national economy. Continued application of competitive methods of implementation remains unchanged in the evolution of procurement. The latest trend in procurement processes is their automation, which greatly increases the level of openness, but does not solve the problems of timely and high-quality satisfaction of needs in public and the state procurement. Development of procurement in public sector of the economy, depending on state of procurement legal regulation in 2000-2017, is studied. Structure of public procurement, dynamics of canceled trades and structure of the value of concluded contracts by sources of financing and methods of procurement are analyzed. Comparative characteristic of Ukrainian legislation on procurement by various criteria is carried out in the scientific literature. Assessment of the current system of electronic public procurement is controversial in scientific circles. The stages of formation and development of procurement of goods, works and services are determined on the basis of evolution of procurement legal regulations. Dynamics of the main indicators of procurement is analyzed as well. The author used the method of retrospective analysis and statistical analysis methods based on data published by the State Statistics Service of Ukraine, the analytic module of the Prozorro electronic system, reports of international organizations and the Accounting Chamber of Ukraine.
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Ioda, Elena V. "ANALYSIS OF THE EVALUATION OF EFFECTIVENESS OF THE MUNICIPAL-LEVEL CONTRACT SYSTEM IN THE REGION." Vestnik of Samara University. Economics and Management 11, no. 3 (November 4, 2020): 35–48. http://dx.doi.org/10.18287/2542-0461-2020-11-3-35-48.
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One of the main concepts of the Federal Law of 05.04.2013 № 44-FL «On the contract system in the procurement of goods, works, services for the provision of state and municipal needs» is the contract system in the procurement of goods, works, services for the provision of state and municipal needs. The paper explored the theoretic and methodological and regulatory aspects of functioning of the contract system in Russia; the organization of assessment of effectiveness of the contract system at the municipal level in the region has been analyzed; possible ways to improve the mechanism for assessing the contract system at the municipal level have been identified and substantiated. At present, systems for evaluating the effectiveness of their work are of particular importance in the process of customer organization. The task of such a system is to make the work of state bodies more open and understandable for citizens, to reflect the professional qualities of a staff member, to create a well-established scheme of turnover of state budget funds. The authors evaluated and analysed the effectiveness of the contract system on the example of a particular municipality in the region and developed tools and techniques to improve the mechanism for assessing the effectiveness of the contract system; tools for determining the effectiveness of the contract system at the municipal level have been established. The qualitative work on the implementation of the procurement efficiency assessment system will enable all the principles of the contract system established by the law to be implemented and to achieve the high professionalism of customers.
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Чернякова, Светлана, and Svetlana Chernyakova. "Contract enforcement for the contract for government needs." Services in Russia and abroad 8, no. 9 (December 24, 2014): 195–206. http://dx.doi.org/10.12737/10808.
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The article investigates the problems in the legal regulation of relations in the field of contract work for state needs. Served as the basis for studies, the Federal Law № 44-FZ "On the contract system in the procurement of goods, works and services for state and municipal needs", which significantly changes the procedure for determining the contractors for the contract to perform works for the needs of the Russian Federation and its subjects . An exhaustive list of the types of trades that can be divided according to the following criteria: possible involvement in the definition of contractor: competition may be open, closed, competition with limited participation and closed tender with limited participation; as the form of the auction for the legislator directly calls only closed auction; in the form of placement: unlike the competition, the auction is possible in electronic form, depending on the number of stages of the competition can be carried out in two stages (two-stage competition) auction is always one step. Described in detail is the mechanism of bidding and auctions, and the author focuses attention on the selection of contractors performing work of good quality and others. Main factors that enable customers of construction works to ensure proper quality refer to the possibility of establishing additional requirements for the qualification of the contractor, the ability to perform work due to specification, material and technical base. Described are general requirements for all participants of the state order.
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Kosyan, N. G., and I. V. Mil'kina. "Blockchain in the public procurement system." E-Management 2, no. 1 (May 24, 2019): 33–41. http://dx.doi.org/10.26425/2658-3445-2019-1-33-41.
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Public procurement accounts for a significant share of the country's budget. It is impossible to solve the problem of effective budget spending without establishing a rational and transparent system of public procurement. On the basis of international practice, a system of public procurement has been developed and implemented in the Russian Federation. The relevance of the study of this article is determined by the fact, that a large-scale reform of the practice of public procurement is continued in Russia due to the fact that in January 2014 entered into force a new Federal law dated on April 5, 2013 № 44-FZ “On the contract system in the procurement of goods, works, services for state and municipal needs”. The contract system plays an important system-forming role in Russian society. A free and mutually beneficial economic treaty remains one of the main institutions of the market. For this reason the order of the state and separate types of legal entities forms ecosystem, in which all Russian business develops and under which adapts. One of the fundamental principles of the state procurement policy is the principle of increasing efficiency. Currently the trend of the development of the informal relations, the insufficient level of quality meet the requirements of the society. The existing institutional model of public procurement management in Moscow does not fully ensure in practice the reproduction of the necessary economic and social effects, focusing on economic. The problems of poor quality of procurement management in Moscow require a deep study and evaluation of the necessary level of efficiency of tools to improve economic and social relations in the public sector. The purpose of this article is to develop proposals for improving the mechanism of public procurement. The authors of the article consider the possibility of using blockchain in public procurement. The use of this technology will reduce the time spent on the processing of documentation, reduce the degree of corruption in the process of public procurement, by creating reputational lists available to all participants in this process. In addition, the use of a smart contract allows to minimize the number of intermediaries in the conclusion of public contracts.
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Abbyasova, A. F. "Procurement from the Sole Supplier." Actual Problems of Russian Law, no. 7 (July 1, 2018): 117–22. http://dx.doi.org/10.17803/1994-1471.2018.92.7.117-122.
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Along with the Federal Law No. 44-FZ of April 5, 2013, "On the contract system in the sphere of procurement of goods, works and services to provide state and municipal needs" that regulates the procurement of wholly state-owned budget companies, the Federal Law of July18, 2011, № 223-FZ "On the procurement of goods, works, services by legal entities of certain types" regulating procurement of state-owned companies with state participation came into force on January 2, 2012, to meet state municipal needs. Having established only a number of peremptory norms, the legislator in Law No. 223-FZ limited himself to specifying general principles and objectives for performing such procurements, implying that buyers will independently regulate procurement issues in procurement clauses. The author concludes that the arguments that prompted the legislator to create only a framework law, have caused new problems associated with inefficient spending of funds when concluding a number of contracts with a single supplier (contructor, subcontractor).
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Katvalyan, A. E. "The Principle of Responsibility for the Efficiency of Provision of State and Municipal Needs, Procurement Efficiency." Actual Problems of Russian Law 15, no. 8 (August 30, 2020): 75–83. http://dx.doi.org/10.17803/1994-1471.2020.117.8.075-083.
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The paper is devoted to the discussion of the principle of responsibility for the efficiency of provision of state and municipal needs, procurement efficiency. The paper investigates the balance between the principle of efficiency of procurement and the principle of efficiency of the use of budgetary funds consolidated in the Budget Code of the Russian Federation. The author underlines that the former principle complements the later. The author compares the principle of efficiency of procurement set forth in Federal Law of April 5, 2013, No. 44-FZ “On the contract system in the sphere of procurement of goods, works, services to ensure state and municipal needs,” and the principle of targeted and cost-effective spending of monetary funds enshrined in the Federal Law of July 18, 2011, No. 223-FZ “On procurement of goods, works, services by certain types of legal entities.” It is pointed out that in order to evaluate the effectiveness of procurement it is necessary to identify the main objectives and specific objectives, achievement of which will enable the evaluation of procurement as “effective” and “meaningful.”
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Nikiforova, L. V., N. V. Gutova, and N. A. Zubkova. "THE PRACTICE OF CENTRALIZING THE FUNCTIONS OF PERSONNEL TRAINING IMPROVEMENT IN THE CONTRACT SYSTEM OF THE CITY OF CHELYABINSK." Federalism, no. 1 (July 29, 2019): 161–71. http://dx.doi.org/10.21686/2073-1051-2019-1-161-171.
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One of the important elements in the procurement management system in the city of Chelyabinsk is the practice of centralized procurement staff training, which is based on the Municipal Budgetary Institution (MBI) “Chelyabinsk Training and Consulting Center for the Professional Development of Procurement Personnel”. The Institution provides training services in accordance with the requirements of the Federal law, dated 05.04.2013, No.44-FZ “On the contractual system for the procurement of goods, works and services for the state and municipal needs” and the Federal law, dated 18.07.2011, No. 223-FZ “On the procurement of goods, works and services by the different types of legal entities”. The article considers the successful experience of procurement centralization in Chelyabinsk, aimed at ensuring quality compliance the requirements of Russian procurement legislation, growing the efficiency of procurement processes and reducing the risks of ineffective funds’ spending.
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Корякин, Виктор, and Viktor Koryakin. "Anti-corruption Expertise of Documentation on Procurement of Goods, Works and Services for State Needs." Journal of Russian Law 2, no. 5 (April 16, 2014): 66–75. http://dx.doi.org/10.12737/3463.
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The article views the problem of possibility and necessity of the organization and carrying out the anti-corruption examination of documentation for purchases of goods, works and services for the state needs is considered in the. The purpose of this examination consists in identification of corruptogenic factors in specified documentation, i.e. such provisions which can create conditions for emergence of the corruption relations, and in development of offers on their elimination. The description of the main corruptogenic factors in the documentation about purchases is given. They are: 1) discrepancy of the initial (maximum) price of purchased goods, works and services to the average market prices for this type or kind of goods, works and services; 2) the unreal time period provided by competitive documentation on delivery of goods, performance of work, rendering of services in the state contract; 3) overestimated requirements to participants of placement of the order, imposed for participation in competitive procedure; 4) excessive specification of the nomenclature of bought goods, works and services, requirements to the content of the performed works, provided services; 5) legal-linguistic uncertainty — the use in documentation about purchase of not settled, ambiguous terms and categories of estimated character. In the article the general methodological approaches to formation of a technique of anti-corruption examination of purchase documentation are formulated, ways of identification of all the designated corruptogenic factors are described. The following conclusions are drawn on complex nature of the anti-corruption examination: a) every document is exposed to the analysis in its interrelation with other documents which are a part of purchase documentation set; b) verification of tender documents should be focused not on some separate corruptogenic factor, but on their aggregate as they form close interconnection; c) the intended result of the introduction of anti-corruption examination of purchase documentation can be reached only if it is applied together with other means, forms and methods of anti-corruption activity. It is proved that the timely identification of corruptogenic factors and their elimination from competitive documentation is an important prophylactic way of the corruption prevention in the sphere of government procurements.
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Zatsarinnaya, Elena, Nana Georgadze, and Alina Sergeeva. "Audit of the effectiveness of expenditures on purchases of goods, works and services for municipal needs." Buhuchet v zdravoohranenii (Accounting in Healthcare), no. 4 (April 1, 2020): 46–52. http://dx.doi.org/10.33920/med-17-2004-06.
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An audit of the effectiveness of spending budgetary funds in the procurement sector to meet state and municipal needs is an important tool for identifying violations and determining the correct use of budgetary funds. Today, increasing the efficiency of using public funds is one of the most important tasks facing public authorities. The article discusses and analyzes the key points in the audit of the effectiveness of spending public funds in the procurement sector. The essence, content of performance audit and features of its implementation are revealed.
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Zvarygin, V. E., and D. S. Nazarova. "CRIMINAL RESPONSIBILITY FOR GIVING FALSE EXPERT CONCLUSIONS IN THE FIELD OF PURCHASING GOODS, WORKS, SERVICES." Bulletin of Udmurt University. Series Economics and Law 30, no. 1 (March 2, 2020): 84–90. http://dx.doi.org/10.35634/2412-9593-2020-30-1-84-90.
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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.
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PASHKOV, Pavel Aleksandrovich, and Viktor Vladimirovich GORLOV. "OPTIMIZATION OF WORKING TIME PROFESSIONALS IN THE FIELD OF PROCUREMENT OF GOODS, WORKS AND SERVICES FOR STATE AND MUNICIPAL NEEDS." Scientific Journal ECONOMIC SYSTEMS 14, no. 1 (2021): 114–27. http://dx.doi.org/10.29030/2309-2076-2021-14-1-114-127.
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The question of rationing the working time of a procurement specialist in the modern history of Russia is open. The share of purchases in the state segment of a huge amount of resources.127 ТРУД И СОЦИАЛЬНАЯ СФЕРА Development of regulations, recommendations for accounting and standardization of labor for specialists in the provision of services to optimize labor resources in the procurement sector. The article analyzes the costs of working time of procurement specialists, contract managers. It was revealed that the contractual system in the field of procurement is based on a significant number of labor functions. It has been established that labor standards depend on the level of training of procurement specialists. The main goal of a procurement specialist is the efficient use of funds allocated to meet state, municipal and corporate needs. The article calculates the composition of working time by cost elements. The structure of time expenditures of procurement specialists, contract managers by parameters is proposed: name of work; time spent, in minutes; concretization of work. In the course of the study, the time intervals of specific actions were recorded during the procurement procedures according to the following parameters: the indicator of the time spent by the respondent for one operation; number of respondents; average time for each position in one operation. Using the presented work flow chart of labor efficiency can vary the number of procedures and any other indicator of the work process. The conducted research will allow the managers of customers to balance the workforce and avoid negative consequences.
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Karanina, Elena, and Ksenia Kartavyh. "Risk-based assessment model of the state and municipal procurement system." E3S Web of Conferences 110 (2019): 02090. http://dx.doi.org/10.1051/e3sconf/201911002090.
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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.
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GORCHAKOVA, M. S. "Principles of the contract system in the field of procurement of goods, works, services to meet state and municipal needs." Ius Publicum et Privatum 1, no. 11 (March 31, 2021): 107–11. http://dx.doi.org/10.46741/2713-2811-2021-1-107-111.
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The article raises the topical issue of improving the principles of the domestic contract system in the procurement of goods, works, services to meet state and municipal needs. The analysis of certain principles presented in the scientific literature, but not enshrined in the legislation, is carried out. The author comes to the conclusion that adherence to the principles of implementing government orders guarantees the possibility of improving this area, makes it possible to implement a comprehensive, efficient, adaptive to changes in the economic situation, procurement activities of the state, its bodies and institutions.
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Проданова, Н., N. Prodanova, Е. Зацаринная, E. Zatsarinnaya, Л. Коршунова, L. Korshunova, А. Гендон, and A. Gendon. "Features of the Audit of the Rationale of the Initial (Maximum) Price of the Contract in the Implementation of Procurement to Provide the State and Municipal Needs." Auditor 4, no. 1 (February 1, 2018): 19–23. http://dx.doi.org/10.12737/article_5a6714d3113908.00356145.
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The new Federal Law 44-FZ «On the contract system in the sphere of procurement of goods, works, services for provision of government and municipal needs» for the first time fixed the concept of substantiation of the initial (maximum) contract price (NMC). Th e authors disclosed the specifics of conducting an audit (NMCC) for state and municipal needs as a fundamentally new direction for carrying out a control measure.
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Smotritskaya, I. I. "Management of public procurement: a new stage of institutional reforms." Management and Business Administration, no. 3 (October 2019): 4–17. http://dx.doi.org/10.33983/2075-1826-2019-3-4-17.
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The article deals with the problems of institutional changes in the procurement of goods, works and services for state and public needs. The results and trends of digitalization of the public procurement management system as a priority direction of the current stage of reforms are analyzed. The main elements of the digital architecture in the field of public procurement are identified, the emerging risks affecting the effectiveness of the introduction and use of digital technologies are revealed. The basic principles of improving the quality of public procurement management in the context of developing a new strategic approach to the development of the institutional model of public procurement.
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Kikavets, Vitaliy. "On Expediency of Dividing Public Needs in the Sphere of Purchases of Goods, Works and Services into General and Intra-Organizational Ones." Legal Concept, no. 4 (December 2019): 83–89. http://dx.doi.org/10.15688/lc.jvolsu.2019.4.11.
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Introduction: the financial support of the public interest in the sphere of procurement is inextricably linked with the needs of the state in goods, works and services. At the same time, both state and municipal purchases include, as a rule, not only public needs aimed at performing the state functions, but also the needs of the existence and functioning of the customer as the executor of the state functions. Taking this into account, the purpose of the study is to assess the subject of the author’s hypothesis on the need to exclude the phrases “state and municipal needs” from the normative legal acts regulating the sphere of procurement, and enshrine at the statutory level a single general concept of “public needs”, as well as mandatorily divide them into general and intra-organizational ones. Methods: the methodological framework for the research consists of the following methods of scientific knowledge: historicism, systematicity, analysis, synthesis and comparative law. The results of the analysis of the normative legal acts regulating the sphere of procurement, the doctrinal literature and real practice allowed us to establish that the budget financing provides the planned and approved customer needs for goods, works, services, which also include the functioning of the customer. The use of the concept of “needs” and their confusion under the name of “state and municipal needs”, do not correspond to the meaning of “need”, which is a form of realization of the state functions. The concept of “needs” is more often used, both in connection with the implementation of the will and desire of the subject, and the implementation of actions against his will and desire, when he/she is forced by external circumstances or certain forces. The concept of “needs”, as a rule, assumes the presence of the subject’s own will to achieve a certain goal associated with the need to ensure its existence and activity. Needs are the basis of the manifestation of the subject’s interest to achieve something, and the interest itself acts as a conscious need. Needs are not always directed to the interest of the subject. Conclusions: the study revealed that in order to unify the conceptual apparatus in the sphere of procurement, it is necessary to introduce and legalize a single concept of “public needs”, which will not only reflect its essence and content, but also contribute to the uniformity of its use by the state and municipal customers, state corporations and other customers involved in ensuring public needs. The division of “public needs” into general and intra-organizational ones will allow all stakeholders to clearly assess both the necessity for the declared needs and the amounts declared for funding from the budget. This, if it does not increase the efficiency of budget spending, will at least contribute to their optimization.
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Bagmet, Anatoliy M., and Valeriy A. Perov. "On the Improvement of Laws on the Procurement of Goods, Works, Services for State and Municipal Needs." Civil law 5 (September 11, 2019): 38–41. http://dx.doi.org/10.18572/2070-2140-2019-5-38-41.
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Asnis, A. Ya. "Novels of the Criminal Code on responsibility for abusesin public procurement: background and problems of qualification." Russian competition law and economy, no. 4 (December 30, 2018): 34–43. http://dx.doi.org/10.32686/2542-0259-2018-4-34-43.
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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.
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PAVLENKOV, R. V. "Retrospective analysis of legislation providing liability for crimes in the procurement of goods, works, services to meet state and municipal needs." Ius Publicum et Privatum 2, no. 12 (June 30, 2021): 81–85. http://dx.doi.org/10.46741/2713-2811-2021-2-81-85.
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The article is devoted to the analysis of the formation and development of criminal legislation, which provides for liability for crimes in the procurement of goods, works, services to meet state and municipal needs. The main trends in the development of criminal punishment in this area are highlighted. The author comes to the conclusion that in different historical periods of the development of the Russian state the legislator reacted differently to violations in the area under study. Legislation changed, improved taking into account the realities and needs of each historical stage.
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Kolmykova, T. S., E. V. Semenikhina, and E. A. Alpeeva. "Modern system of state procurement in ensuring innovative development of economics." Russian Journal of Industrial Economics 11, no. 3 (November 5, 2018): 242–48. http://dx.doi.org/10.17073/2072-1633-2018-3-242-248.
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Public procurement is a category of the modern economic system. They have a great influence on the formation of the innovative potential of the country and the regions. The state has a powerful management impact due to the modern system of public procurement. The state optimizes budget expenditures, minimizes uncontrolled costs, regulates prices for socially and economically important groups of goods. Public procurement is a complex innovative system. It includes elements: planning, formation and carrying out of purchases, the conclusion of the contract, the control of fulfillment of obligations between the customer and the supplier. The procurement system unites relations between authorities, legal and private persons. The process of public procurement is complex. He constantly undergoes changes and additions. According to the current Russian legislation, the procurement of goods, works or services is divided according to the subject matter into two groups: 1) purchases carried out by government customers to ensure state and municipal needs, controlled by Federal Law No. 44-FZ of 05.04.2013, and 2) carried out by certain types of legal entities or corporate purchases, controlled by Federal Law No. 223-FZ of July 18, 2011. State and municipal procurement are a tool for effective impact on the development of the economy. They perform the most important functions: regulative, reproductive, stimulating, social, innovative. Thus, the study of the public procurement system today is a significant and relevant issue in the field of economic research.
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Zhuk, A. "A STUDY OF THE EVOLUTION OF THE FORMATION AND DEVELOPMENT OF GOVERNMENT PROCUREMENT IN UKRAINE." Financial and credit activity: problems of theory and practice 1, no. 36 (February 17, 2021): 369–79. http://dx.doi.org/10.18371/fcaptp.v1i36.228009.
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The paper studies the historical and legal background of the formation and development of government procurement in Ukraine. It analyzes the essence and significance of public procurement for the effective development of budgetary enterprises, institutions and organizations in different historical periods. It has been established that public procurement took various forms long before the independence of Ukraine. State orders are considered in the context of the broader problem of state regulation of the economy, namely one of the most serious and ambiguous economic problems is the rational interaction of the state and the market system in the process of public procurement. It is substantiated that a full-fledged national economy largely depends on how transparent and economically justified public expenditures on the maintenance of institutions financed from the state budget. Detected that one of the most promising ways to implement the concept of rational and efficient use of budget funds is the widespread introduction of a single structured system in the procurement of goods, works and services for public needs, based on competition, transparency, non-discrimination and decentralization. The paper reviews specifics of legislative regulation of public procurement in the relevant periods. The stage of transition of the system of centralized production planning, distribution of material and technical resources, the function of the state order as an absolute state regulator in the production of products and services to the means of meeting the needs of material resources, products, works and services of consumers supported by the state budget. It identifies the main differences in the approaches to understanding the essence of public procurement. The paper provides a detailed description of the influence of factors and circumstances on the development of the legal framework of public procurement. It determines and substantiates government procurement development periods. The paper analyzes the negative effects of omissions and non-finalization of the legal framework of each respective period. It studies the methods of and reasons for changing the terminology in the formation of the conceptual apparatus of the modern legal framework. Conclusions on changes, additions and adjustments to the legal framework of public procurement are provided. The paper assesses the main differences between the adopted public procurement laws.
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Tsviliy-Buklanova, A. A. "The concept of development of the Contract System of the Ministry of Internal Affairs of Russia as a tool for effective use of budget funds and ensuring competition in the state procurement market." Russian competition law and economy, no. 2 (August 20, 2021): 76–87. http://dx.doi.org/10.47361/2542-0259-2021-2-26-76-87.
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The article is devoted to the relevance of the development and adoption of the Concept for the development of the Contract System of the Ministry of Internal Affairs of Russia in order to increase the efficiency of using budget funds and eliminate corruption risks in the implementation of public procurement. The regulatory framework of federal and departmental level was considered, attention was paid to practical aspects of procurement of goods, works and services for the needs of internal affairs bodies, issues of regulation and control are reflected. Structural elements of the Concept, ways to improve the Contract System of the Ministry of Internal Affairs of Russia are proposed.
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Akbasheva, Z. Kh. "About key deficiencies legislation on concession agreements." Russian competition law and economy, no. 1 (March 30, 2018): 50–53. http://dx.doi.org/10.32686/2542-0259-2018-1-50-53.
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The article gives a critical analysis of the shortcomings of the Federal Law of July 21,2005 No. 115-FZ "On concession agreements" in comparison with the comparable provi- sions of Federal Law No. 44-FZ of 05.04.2013 "On the contract system in the procure- ment of goods, works, services to ensure state and municipal needs ", taking into account the practice of concluding concession agreements in the Republic of Bashkortostan.A proposal is made to bring the legislation on concession agreements in line with general procurement legislation.
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Filippova, Tatiana Y., and Irina A. Kuzovleva. "Competitive Environment Assessment and the Contractor Selection Criteria for the State and Municipal Contracts Execution." Materials Science Forum 931 (September 2018): 1187–93. http://dx.doi.org/10.4028/www.scientific.net/msf.931.1187.
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The article deals with the competitive environment assessment in the investment and construction complex and specifics of the contract system implementation in the procurement of goods, works and services provided for state and municipal institutions. Being a key element in the state construction order implementation and assessing the level of competitiveness of the investment and construction complex enterprises, the contractual bidding mechanism acts as the basis for competitive relations, simultaneously legislating the main price criteria for the selection of contractors, which do not allow to objectively evaluate the applicants' ability to fulfill the conditions of the concluded contract in full.
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Veniaminov, Andrey G. "SOME ISSUES OF THE INVESTIGATION OF CRIMES RELATED TO PROCUREMENT OF GOODS, WORKS AND SERVICES FOR STATE AND MUNICIPAL NEEDS." Russian investigator 7 (June 24, 2020): 9–13. http://dx.doi.org/10.18572/1812-3783-2020-7-9-13.
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Tasalov, F. A. "”Non-freedom” of a contract and unfair contractual terms in the practice of state and municipal procurement." Actual Problems of Russian Law, no. 2 (February 1, 2019): 85–94. http://dx.doi.org/10.17803/1994-1471.2019.99.2.085-094.
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The majority of contemporary studies devoted to the freedom of contract is devoted to the peculiarities of implementation of this principle in commercial relations. The article analyzes the other side of the freedom of contract — its application in state and municipal procurement. The author analyzes conclusions drawn in Resolution of the Plenum of the Supreme Court of the Russian Federation of March 14, 2014 No. 16 “On freedom of contract and its limits” on the basis of court disputes between public procurement authorities and suppliers within the framework of the Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the procurement of goods, works and services for state and municipal needs.” The paper determines the key features of the principle of freedom of contract at the stage of determining the supplier and at the stage of performance of obligations under procurement contracts. Special attention is paid to the assessment of negotiation opportunities, public procurement authorities and participants of procurement, the problem of abuse of the right by a stronger party depending on the starting conditions of the purchase and the ways of its implementation by the public procurement authority. The analysis of arguments of courts concerning interpretation of terms of procurement contracts from the point of view of freedom of contract and its limits is presented. To sum up, the author provides for practical recommendations and conclusions.
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Gudkov, Anton Pavlovich. "Fraud Object in the Sphere of Public Procurement." Юридические исследования, no. 11 (November 2019): 46–52. http://dx.doi.org/10.25136/2409-7136.2019.11.31611.
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The subject of the research is the fraud object in the sphere of state and municipal (public) procurement. The aforesaid kind of fraud is not specially stated by the Russian Federation criminal law. Meanwhile, there is a great number of thefts committed in the sphere of public procurement and resulting in the loss of many millions from the budgets at different levels. For successful counteraction of such crimes, it is necessary, first of all, to define the object of aforesaid fraud and to describe specific features thereof. Another debatable issue of legal science is the question about the general object of crime. In his article Gudkov analyzes views of theorists and sources of criminal law in different historical periods as well as judicial practice in defining the object of crime including fraud and specific features of the sphere of public procurement. The main conclusions of the research are the following: - general, generic and specific fraud objects in public procurement and the main component elements of fraid are the same; - the main indirect fraud object in public procurement is the social relations that ensure inviolability of state and municipal property; - additional indirect fraud object in procurement is the social relations that ensure efficiency and good performance of the contract system in the sphere of procurement of goods, works and services for state and municipal needs.
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SLOBODIANYK, Anna. "PRINCIPLES OF ELECTRONICIZATION OF PUBLIC PROCUREMENT." Ukrainian Journal of Applied Economics 4, no. 3 (August 30, 2019): 273–81. http://dx.doi.org/10.36887/2415-8453-2019-3-30.
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Introduction. In the civilized world, the principles of public procurement are based on austerity criteria; fairness and impartiality of contract award decisions; publicity of the procurement process; efficiency of the procurement process; the importance of accountability. The purpose of the research is to analyze the transfer of the procurement system in electronic format as an effective tool for the goods acquisition, works and services in order to financially support the functioning of state structures to serve public needs, which are maintained mainly at the expense of the state and local budgets. Results. The article deals with the concept essence of «electronic procurement» – that is the newest way of procurement, because it is the passing and controlling in the electronic environment of all stages of the procurement cycle, including marketing research, determining the range of economic agents, procedures for purchasing, placing orders, delivering and paying for them, budgeting and planning for purchases by government agencies. An efficient e-procurement system is highlighted, the key to which is the electronicization of the procurement process, which helps to reduce the operating costs of customers and suppliers; speeding up the procurement process and saving time; a wide range of suppliers; simple and convenient management of the procurement process; clear and transparent access to purchasing information. Conclusions. The electronic public procurement system makes it easier for participants to get started with the state, find the right procurement, submit a bid and win bidding, since all the procurement information is available on the procurement page, and in the change case in the tender documentation, all previous revisions of documents remain in the system, which can be downloaded and viewed. Such transparency of the procedure makes it possible to prevent corruption risks and is a way to develop democratic and open processes in society. Keywords: public procurement, participant, customer, Law of Ukraine "On Public Procurement", tender, auction, public procurement, bidding, open bidding.
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Боженок, Сергей, and Syergyey Bozhyenok. "Optimization of Financial Control Tools: Information Systems." Journal of Russian Law 4, no. 2 (February 5, 2016): 0. http://dx.doi.org/10.12737/17647.
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The article is devoted to the legal bases of formation and use of information systems for financial control. The urgency and the need to implement the automation of administrative processes, enabling significantly improves rapid response to changes in a large array of control objects is pointed out. As the advantages of this method of financial control facilitation of collection and compilation of information, reducing the time required for the analysis of information, increasing the efficiency of control over elimination of violations of financial discipline, transparency of information on the performance of financial control are indicated. The basic requirements, procedures and operational features of the state information systems are concidered. Particular attention is paid to the analysis of individual information systems used by the bodies of state financial control in view of the tax administration, and monitoring and analyzing the results of the implementation of government programs and public service delivery, budget execution, procurement of goods, works and services for state (municipal) needs, etc.
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HRES, O. "Corruption risks in defense procurement." INFORMATION AND LAW, no. 1(36) (March 11, 2021): 128–33. http://dx.doi.org/10.37750/2616-6798.2021.1(36).238193.
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The article is devoted to the analysis of current regulations in the field of defense procurement. The importance of the problem of corruption for the people of Ukraine is highlighted. The threat to national security caused by high levels of corruption is mentioned. A number of studies on the spread of corruption in the defense sector are processed, in particular by such public organizations as the Independent Anti-Corruption Committee on Defense, Transparency International UK, Transparency International Ukraine and others. Attention is drawn to the presence of a large number of corruption risks in the defense sector. The Law of Ukraine “On Defense Procurement”, adopted by the Verkhovna Rada of Ukraine on July 17, 2020, was analyzed. Attention is paid to the fact that the Law of Ukraine “On Defense Procurement” provides for the purchase of goods, works and services for defense purposes, which is a state secret, through closed procurement, and it also regulates the absence of competitive procedures for procurement by import by making purchases directly through electronic trading platforms. Some aspects of the Law of Ukraine “On Public Procurement” used in defense procurement are considered. Based on the results of the analysis, it was concluded that the Law of Ukraine “On Defense Procurement” helps to overcome most of the corruption risks identified in the study of the Independent Anti-Corruption Committee on Defense, however, it also needs significant improvement, as some provisions contain gaps that lead to new corruption risks, if they are not corrected.
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Kramskoy, Vadim V. "The institution of term within the framework of a state (municipal) contract: concept, types, issues in their definition and calculation." Current Issues of the State and Law, no. 17 (2021): 99–116. http://dx.doi.org/10.20310/2587-9340-2021-5-17-99-116.
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We consider the institution of term for the purposes of its use in the provisions of state (municipal) contracts concluded for the procurement of goods, works, services to meet state and municipal needs. The main purpose is to systematize the provisions of the legislation on the contractual system concerning legal regulation of setting terms within the framework of state (municipal) contracts and posing the problem of their inconsistent legal regulation, which negatively affects the process of positive law enforcement. At the same time, the research emphasis is made on identifying the differ-ences in the legislative approach to regulating the procedure for calculating certain types of terms within the framework of a state (municipal) contract. In particular, we analyze the selectivity in the issue of choosing the terms duration for the performance of legally significant actions depending on the status of the procurement participant, we investigate the issues of the expediency of using different terms’ measurement units, including within the same subinstitutions of the term, etc. We present our own ideas for optimizing legislation in this matter. The methodological basis of the research is made up of analysis and synthesis methods, formal legal, comparative legal methods, a pluralistic approach is taken to highlight the issues involved.
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Lebedev, Viktor, and Elena Lebedeva. "Employment or civil contract: no time to take risks." Buhuchet v zdravoohranenii (Accounting in Healthcare), no. 6 (June 1, 2020): 46–55. http://dx.doi.org/10.33920/med-17-2006-05.
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The issues of law enforcement in the practice of higher education institutions, including the issues of qualification of actually developing relations as civil or labor relations, are considered. The analysis of the Federal law of 05.04.2013 N 44-FZ “on the contract system in the field of procurement of goods, works, services for state and municipal needs” and amendments made by the Federal law of 01.04.2020 N 98-FZ and related to the prevention and liquidation of emergency situations. The “limits” of concluding a civil contract with a single performer are considered; the article deals with judicial practice on the recognition of labor relations that have arisen on the basis of a civil contract; examples of judicial practice on irrevocable doubts that the court has the right to qualify in favor of labor relations are given.
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Жуков, Федор Федорович. "REGISTER OF BAD-FAITH SUPPLIERS AND PRINCIPLE OF GOOD FAITH IN CIVIL LAW." Вестник Тверского государственного университета. Серия: Право, no. 2(66) (June 25, 2021): 15–20. http://dx.doi.org/10.26456/vtpravo/2021.2.015.
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В статье показываются изменения Федерального закона от 05.04.2013 № 44-ФЗ «О контрактной системе в сфере закупок товаров, работ, услуг для обеспечения государственных и муниципальных нужд», вступающие в силу 01.07.2021. Доказывается, что наименование реестра недобросовестных поставщиков и его фактическое содержание не совпадают. Оспаривается критерий включения исполнителей в публичный реестр на основании их недобросовестности. Приводятся предложения по совершенствованию действующего законодательства. The article shows the changes in the Federal Law of 05.04.2013 No. 44-FZ «On the contract system in the field of procurement of goods, works, services to meet state and municipal needs», which enter into force on 01.07.2021. It is proved that the name of the register of bad-faith suppliers and its actual content do not coincide. The criterion for including contractors in the public register on the basis of their bad faith is contested. The suggestions for improving the current legislation are provided.
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Kikavets, V. V., and Yu K. Tsaregradskaya. "Public procurement planning as an immunity to the budget process." Law Enforcement Review 5, no. 2 (July 5, 2021): 109–19. http://dx.doi.org/10.52468/2542-1514.2021.5(2).109-119.
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The subject of the article is the research of public procurement in the context of budget expenditures efficiency.The purpose of the article is to confirm or disprove hypothesis that public procurement planning is the basis of a strategic relationship with the budget process. Their symbiosis can minimize any negative manifestations of a financial, economic and socio-political nature, including the consequences of crisis situations such as a pandemic.The methodology. The authors analyze many Russian and western scientific articles and monographs from the point of view of the budget process and planning of public procurement.The main results, scope of application. Planning of public procurement should be considered not as a separate need of one specific customer or a separate group of customers, but as a set of public consumption of all possible and necessary resources. The opposite approach will inevitably lead to additional budget costs for the elimination of consequences (natural, technological, etc.), associated, first of all, with the lack of a proper and clear understanding of the essence of planning public procurement and public demand for goods, works, services). Proper and carefully balanced procurement planning for all public needs not only ensures the immunity of the budget process for the current and subsequent periods, but also constitutes the basis for the prospective rational use of renewable and non-renewable resources, both internal (national) and external (foreign). This article has significant scientific and practical value. The study focuses on the key problem of public procurement in Russia-the lack of interaction between procurement planning and the budget process, pointing to the identified shortcomings of legal regulation that do not allow to quickly adapt to situational changes from outside. It is proposed to consider the introduction of strategic procurement planning for 5-10 years, which will not only determine the basis for financing public procurement from the budget, but also predict the revenues of the relevant budget, more accurately and correctly prioritize funding needs.The findings of the study allowed the authors to formulate proposals and recommendations. Consideration of the planning of public procurement, taking into account the budgetary process, will make it possible to develop recommendations in terms of adjusting certain norms of Law No. 44-FZ, which would allow the most efficient use of budget funds, both planned in advance and urgent purchases.Conclusions. A global crisis reveals the most pressing problems of governance of any state. The crisis obliges the government of any country to promptly analyze and rebuild the regulatory framework for effective financial, economic, social and political management. De-spite numerous reforms the budget process in the Russian Federation has retained significant bureaucratic costs that do not allow for rapid delivery of budget funds to each customer. The urgent need for rapid reallocation of budget funds for additional and priority purchases has shown the imperfection of the legal regulation of public procurement planning, which should be radically restructured. Since public procurement planning as an integral part of budget expenditure is not actually related to its revenues, such planning should be carried out based on the customer's needs for goods, works, and services for a longer period, which will allow a more meaningful and responsible approach to the issue of effective budget spending and overall resource consumption. Digital technologies in public procurement planning allow you to quickly compare all items of the plan with those planned and completed earlier in order to avoid duplication (unjustified repetition) of a similar purchase. Planning of budget purchases is not only an effective expenditure of budget funds, but also an efficient (lean) consumption of resources, including non-renewable ones.
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Haselmayer, Sascha. "The De-globalized City." New Global Studies 12, no. 1 (April 25, 2018): 65–73. http://dx.doi.org/10.1515/ngs-2018-0013.
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Abstract Public procurement in cities is one of the most exciting and under-studied governmental processes, offering an interesting angle into the real state of globalization in cities, the political and bureaucratic battle for the identity of government in connected markets and provides an indication of the intention of city governments to work in a globalized or de-globalizing world. 557,000 city and municipal governments procure an estimated 10% of world GDP in goods and services annually to serve their communities. In a perfectly globalized world, we would expect a single market to develop around these needs with competitors differentiating on cost, effectiveness and strategic value. Yet, after decades of globalizing trends and announcements by Mayors to collaborate on global challenges, we have few indications that this has happened. Instead of rational, standardized transactions to deploy what works best, each procurement carried out by city and municipal governments is a complex battleground of vested local interests, strategic goals and public messaging. In place of policymaking and adopting proven practices, cities appear simply to muddle through, one transaction at a time. Despite more open governments and transparency, there is a universal lack of data as to how these battles are fought.
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Solomonov, Evgeny V., and Alexander A. Yuritsin. "On the Improvement of the Legislation Regulating the Powers of Public Authorities in the Field of Procurement of Goods, Works and Services for State and Municipal Needs." Vestnik of the Omsk Law Academy, no. 4 (2016): 22–25. http://dx.doi.org/10.19073/2306-1340-2016-4-22-25.
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Тасуева, Т. С., and В. В. Борисова. "DIGITAL FORMAT OF THE REGIONAL LOGISTIC SYSTEM OF PUBLIC PROCUREMENT." Вестник ГГНТУ. Гуманитарные и социально-экономические науки, no. 4(22) (December 25, 2020): 15–24. http://dx.doi.org/10.34708/gstou.2020.80.68.002.
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Государственные закупки в экономике региона - одна из ключевых форм поддержки предпринимательства. Значительную долю (около 20%) поставок товаров, работ и услуг для государственных нужд выполняют предприятия малого и среднего бизнеса. Для экономики региона востребована инновационная направленность государственных закупок и участие местных товаропроизводителей в цифровых преобразованиях экономики. Наряду с налоговыми льготами и субсидиями, расширение доступа малого и среднего бизнеса к выполнению государственных заказов способствует развитию конкуренции, увеличению количества рабочих мест, повышению качества закупок и снижению социальной напряжённости в регионе. Проведённое нами исследование позволяет заключить, что цифровой формат государственных закупок в рамках логистической системы позволяет существенно рационализировать совокупные издержки полного цикла государственных закупок и повысить качество работы контрактной системы в целом. В результате это позволит сбалансированно и устойчиво развиваться экономике региона. State purchases in the region’s economy is one of the key forms of entrepreneurship support. A significant share (about 20%) of supplies of goods, works and services for state needs is carried out by small and medium-sized businesses. The region’s economy is in demand for the innovative focus of public procurement and the participation of local producers in the digital transformation of the economy. Along with tax incentives and subsidies, expanding the access of small and medium-sized businesses to fulfilling government orders contributes to the development of competition, an increase in the number of jobs, an increase in the quality of procurement and a decrease in social tension in the region.Our research allows us to conclude that the digital format of public procurement within the framework of the logistics system can significantly rationalize the total costs of the full cycle of public procurement and improve the quality of the contract system as a whole. As a result, this will allow the region’s economy to develop in a balanced and sustainable manner.
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Ildarovna Zakirova, Milyausha, Elena Alexandrovna Rybkina, and Denis Sergeevich Balzamov. "Competition as a Tool for Resource Allocation." Nexo Revista Científica 33, no. 02 (December 31, 2020): 597–607. http://dx.doi.org/10.5377/nexo.v33i02.10795.
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The article explores the definition of «competition» through an analysis of existing interpretations in the scientific literature. The authors reviewed and creatively revised more than 15 existing author's interpretations of this concept. The current approaches to the classification of competitions are systematized and creatively revised. On the example of a comparative table of classification approaches, the main classification features of competitions are revealed. The appropriateness of applying the concept of «competition» in children's, school and student competitions, as well as the concept of «open competition» used in the procurement of goods, works, services to meet state and municipal needs, is considered. As a result, the revealed signs of the competition allow us to conclude the appropriateness of using this concept as a tool for the distribution of material goods. In this case, they differ only in the scale of this distribution. The article also explores the list of olympiads and other intellectual and (or) creative contests, events aimed at developing intellectual and creative abilities, abilities to engage in physical education and sports, interest in scientific (research), engineering, inventive, creative, physical culture and sports activities, as well as the promotion of scientific knowledge, creative and sports achievements, recommended by the Ministry of Education of the Russian Federation. As a result, the target audience of participants for whom contests are initiated has been identified.
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Chuprin, Mikhail G. "The Correlation Between Private and Public Law Provisions as the Legal Essence of Laws on the Contractual System in the Procurement of Goods, Works, Services for State and Municipal Needs." Jurist 6 (June 10, 2020): 43–48. http://dx.doi.org/10.18572/1812-3929-2020-6-43-48.
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Golomolzin, A. N. "Topical Issues of the Russian State Antimonopoly Policy (Proposals for the Draft National Plan for the Development of Competition for 2021-2025)." Russian competition law and economy, no. 3 (August 20, 2021): 16–35. http://dx.doi.org/10.47361/2542-0259-2020-3-23-16-35.
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The article is devoted to the development of Antimonopoly policy for the future 2021-2025, which ensures the fundamental rights and freedoms of consumers and entrepreneurs, and supports existing and new forms of economic activity in the context of profound changes in the economy. It is about how the new situation in the markets and in life is beginning to test the foundations of understanding economic and human relations. The author formulates the values of economic development in the new conditions. It is said that the role of consumers in the conditions of clip thinking is decreasing, and they need to be activated in the digital economy. The author assesses the emergence and development of new «human — machine» and «machine - machine» relationships, the ongoing convergence processes, the formation of multilateral, interconnected and global markets, and the correlation of the real and virtual world.Approaches to intellectual Antimonopoly regulation that stimulate innovative development are proposed. Recommendations are given for improving the Antimonopoly policy, taking into account the problems and challenges caused by the coronavirus and similar threats. Approaches to legal regulation of the activities of operators (aggregators) of digital platforms are proposed. Recommendations are given on the procedure for applying Antimonopoly legislation to actions and agreements on the exercise of exclusive rights to the results of intellectual activity. The article substantiates the need to switch to Pro-competitive, flexible, long-term tariff regulation and resuscitate structural reforms based on competitive mechanisms. Changes in international cooperation in the field of Antimonopoly policy are discussed. It is said about creating equal conditions for the activities of Russian and foreign participants in the e-Commerce markets. It is shown how, based on the creation of an exchange ecosystem, it is possible to form one of the world's financial centers in the country. Proposals are made to decriminalize the regulation and control of economic relations in General, as well as issues of Antimonopoly and tariff policy, and state procurements. We propose conceptual changes in the public procurement system with the transition from control of procedures to control the achievement of results using objective quotations of the prices of goods (works, services).
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Okhotsky, E. V. "Combating Corruption: the President of the Russian Federation Approved a New National Plan." Journal of Law and Administration, no. 3 (January 23, 2019): 90–98. http://dx.doi.org/10.24833/2073-8420-2018-3-48-90-98.
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Introduction. The article defnes the place and role of the institution of national anti-corruption planning in the context of the implementation of the state strategy to combat corruption practices, presents the main directions, principles, priorities and objectives of the new national anti-corruption plan, the main components of the mechanism of its implementation.Materials and methods. The scientifc and methodological basis of the this research is formed by the dialectical-materialistic concept of scientific analysis, a set of general scientifc and special methods of research of political, legal, social, moral and managerial aspects of the state strategy in the sphere of combating corruption.Results. The features of the content of the anticorruption powers of public authorities are presented; the nomenclature of innovative components of political, legal, economic, scientifc and educational initiatives of the state in the feld of combating corruption is presented; the main problems that should be paid attention to in the implementation of anticorruption measures under the national plan for the next three years are identifed. The issues of fighting elite corruption, de-offshorization of the economy, de-bureaucratization of management, optimization of the system of organization of tenders and auctions for procurement of goods and services for state and municipal needs, improving the effciency of legal, political and administrative mechanisms to combat corruption are also explored.Conclusion. The necessary generalizations and conclusions are made, some proposals are made to improve the existing anti-corruption mechanism in the Russian Federation.
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Говорухин, Дмитрий Сергеевич. "SOME ASPECTS OF THE ASSESSMENT AND USE OF DIVISIONS OF ECONOMIC SECURITY AND COMBATING THE CORRUPTION OF THE MINISTRY OF THE INTERIOR OF RUSSIA IN COUNTERING CRIMES COMMITTED IN THE IMPLEMENTATION OF STATE PROGRAMS." Vestnik Samarskogo iuridicheskogo instituta, no. 2(43) (August 19, 2021): 16–21. http://dx.doi.org/10.37523/sui.2021.99.36.002.
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В статье приводятся сведения о количестве действующих в настоящее время государственных программ. Автором высказывается мнение о проблеме недостижения их целевых показателей в связи с совершением различных преступных посягателств на выделяемые бюджетные средства, инструментом которых являются закупки товаров, работ и услуг для государственных и муниципальных нужд. Проводится анализ статистических сведений по преступлениям, совершенным в сфере государственных закупок в 2012-2020 гг., включая количество совершенных преступлений и размер причиненного ими ущерба. Раскрываются сведения единой информационной системы в сфере закупок, которые размещены в открытом доступе в сети Интернет. Приводятся пути возможного их использования подразделениями экономической безопасности и противодействия коррупции МВД России в своей оперативно-служебной деятельности. Для этого приводится авторская классификация сведений о криминалистически значимой информации, структурированных в соответствии с этапам осуществления закупок: при планировании, обосновании и нормировании закупок; определении поставщика и заключения контракта; его исполнении; в ходе осуществления мониторинга, аудита и контроля. Делаются обоснованные выводы о том, что выделенные признаки могут носить ориентирующий характер и способствовать решению задач оперативно-розыскной деятельности. The article provides information on the number of current government programs. The author expresses an opinion about the problem of failure to achieve their target indicators in connection with the commission of various criminal encroachments on the allocated budget funds, the instrument of which is the procurement of goods, works and services for state and municipal needs. The analysis of statistical data on crimes committed in the field of public procurement in 2012-2020, including the number of crimes committed and the amount of damage caused by them, is carried out. The information of the unified information system in the field of procurement is disclosed, which are posted in the public domain on the Internet. The ways of their possible use by the divisions of economic security and combating the corruption of the Ministry of the Interior of Russia in their operational activities are given. To do this, the author's classification of information about forensically significant information is provided, structured in accordance with the stages of procurement: when planning, justifying and rationing procurement; determining the supplier and concluding a contract; his execution; in the course of monitoring, auditing and control. The substantiated conclusions are made that the selected signs can be orienting in nature and can contribute to solving the problems of operational-search activity.
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Gazetov, A. N. "Statistical form contents for selective survey of procurements with high corruption risks at the federal and municipal levels." Statistics and Economics 17, no. 1 (March 10, 2020): 4–13. http://dx.doi.org/10.21686/2500-3925-2020-1-4-13.
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The main purpose of the study is to identify the types and volumes of purchases for state and municipal needs with high corruption risks. Based on the studies, proposals have been prepared on the content of the sample statistical monitoring of procurements with high corruption risks. The expansion of statistical research in this area is provided by the National Anti-Corruption Plan for 2018–2020.The research materials include data from statistical observations, summary analytical reports of the ministries for 2014–2019, speeches by representatives of the government and science on corruption and the effectiveness of public procurement, as well as scientific publications. General scientific empirical and theoretical research methods were used. Empirical methods include the steps of collecting information and collecting official data, materials from scientific conferences and interviews. Theoretical methods provide for the formalization of the heterogeneous information received on the processes under study in the public procurement system.The results of the studies showed the need for selective statistical observation, despite the cancellation of continuous monitoring since 2015 due to the start of the full functioning of the unified information procurement system (hereinafter – the UIPS) on the website www. zakupki.gov.ru. Reports based on data from the UIPS, as well as the Federal Antimonopoly Service of Russia and the Treasury of Russia from 2015 to 2017 had been prepared by the Ministry of Economic Development of Russia and from 2018 by the Ministry of Finance of Russia. During such a transfer of authority, for example, the number of applications submitted per one competitive procedure dropped out of the number of the monitored indicators. However, since 2018, more attention has been paid to procurement on the basis of paragraphs рр. 24, 25 part 1 of article 93 of 44-FZ, providing for the possibility of concluding a contract with a single supplier due to failed tender procedures. The value of contracts on these grounds amounted to 2,755 billion rubles (or 43.78 billion US dollars) in 2018 with an upward trend in 2019, and amounted to 29% of the total value of the concluded contracts. A common way of making such purchases with high corruption risks is to conspire with participants in procurement procedures that have received the name «Battering ram operation» at electronic auctions, as well as formulating difficult conditions and high requirements for performers, with poor public examination of the state contract.In conclusion, it should be noted that selective statistical surveys should supplement the available information of the UIPS with data on procurement from a single supplier, and the selection of a separate category of contracts concluded as a result of failed procedures of a massive nature. The prepared proposals contribute to the implementation of order of the President of the Russian Federation to strengthen the effectiveness of control in the procurement of goods, works and services to ensure state and municipal needs dated December 17, 2018 No. Pr-2417 and implementing of national anti-corruption plan.
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Kulinich, Aleksandr I., and Evgeniy I. Sorogin. "Monitoring Law Enforcement in Archival Legislation for Legal Loop-Holes: A Case-Study of the Activities of the Archival Agency of the Kurgan Region." Herald of an archivist, no. 1 (2018): 146–54. http://dx.doi.org/10.28995/2073-0101-2018-1-146-154.
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The authors study legal loop-holes in the archival legislation. As it is impossible to analyze the whole of archival legislation, including regional laws and regulations of all subjects of Russia, the article focuses on the Federal law. It draws on practices of the Archival Agency of the Kurgan Region and addresses practical concerns. It analyzes inconsistencies and legal loop-holes in implementation of following three laws: the Federal law of October 22, 2004 no. 125-FZ ‘On archiving in the Russian Federation,’ the Federal law of 26 December, 2008 no. 294-FZ ‘On protection of rights of legal persons and self-employed entrepreneurs in the exercise of state control (supervision) and municipal control,’ and the Federal law of April 5, 2013 no. 44-FZ ‘On contract systems in the sphere of procurement of goods, works and services for provisioning governmental and municipal needs.’ The study has identified the following legal loop-holes and inconsistencies: (1) There is a legal loop-hole in implementation of the control function. No clear demarcation of jurisdictions of the Russian Federation and those of the subjects of the Russian Federation is provided in Federal laws no. 294-FZ and no. 125-FZ; (2) There is a contradiction between Federal laws no. 125-FZ and no. 44-FZ. In case of winding-up of a state procurement agency and transferring its powers to a government agency, documents on primary activity are to be filed in a state archive and also to remain in the new government agency; (3) Lack of uniform and federally approved methodology for division of ownership of archival documents between municipalities and subjects of the Russian Federation result in similar documents falling under different forms of ownership in different regions; (4) Lack of regulatory framework in acquisition and transfer of e-documents to state archives hinders introduction of a full-featured e-document interchange between state authorities. The authors contend that these legal loop-holes and inconsistencies should be corrected.
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Kolyev, А. А., and M. V. Sukhareva. "Legal and organizational aspects of marketing in penitentiary institutions." Penitentiary science 13, no. 3 (December 9, 2019): 386–91. http://dx.doi.org/10.46741/2686-9764-2019-13-3-386-391.
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The aim of this study is to consider the features of marketing activities in the penal institutions in a legal and organizational perspective, the subject is marketing activities in the penal system as a complex of organizational, production and commercial marketing activities. The article considers the results of reforming the industrial sector of the penal system, the process of formation of labor adaptation centers for convicts and production (labor) workshops, the relevance of the development of marketing activities in the penal system; a description of the problems of organizing production, including marketing, activities in the institutions of the penal system, related to the implementation of the provisions of the Federal Law dated 05.04.2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” and other legal acts. The main result of the study is the development of proposals aimed at changing the regulatory framework and the implementation of organizational measures to increase the level of employment of convicts, the effectiveness of marketing and production activities of penal institutions. The experience presented can be used by specialists and heads of institutions and bodies of the penal system dealing with the organization of production and marketing activities as well as scientists conducting research in this area.
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MIRONOV, A. V. "Problems of legal protection of rights and legitimate interests of consumers of telematic communication services in the context of the implementation of certain provisions of the federal law "On the contract system in the procurement of goods, works, services to meet state and municipal needs" in the provision of educational services." Ius Publicum et Privatum 1, no. 11 (March 31, 2021): 20–23. http://dx.doi.org/10.46741/2713-2811-2021-1-20-23.
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Based on the analysis of the current civil legislation regulating the sphere of services as well as the legislation on communications, the article deals with the problems of legal regulation of telematic communications services. We are talking about gaps in the specialized legislation, which do not allow creating the necessary guarantees of the quality of the provided communication services as well as the importance of ensuring the ratio of the norms of the specialized legislation and the norms of civil legislation in connection with the presence of a general subject of legal regulation. The problems of defining essential and obligatory conditions in contracts for the provision of telematic communication services are disclosed, in particular, the presence of the discretion of the communication service provider in determining the "quality range", which significantly infringes upon the rights of consumers. The issues of legal regulation of blocking sites due to the presence of violations determined by the legislation on communications are considered: at present there are no criteria for the unlawful use of telematic communication services as well as real leverage on unscrupulous consumers from operators.
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Bozhuk, I. I., and Y. I. Anistratenko. "On the issue of taxation under the bill №4184." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 198–204. http://dx.doi.org/10.24144/2307-3322.2021.64.36.
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In today’s conditions, a useful tool for doing business is e-commerce, aimed at developing the economy of Ukraine and meeting the needs of both producers of goods (works, services) and consumers.According to the current national legislation, part of the electronic services provided by international corpora-tions on the Internet is subject to value added tax through the mechanism of delegating the obligation to declare tax liabilities to their customers if they are value added tax payers or are subjects management, even if they are not registered as value added taxpayers.
The article is devoted to the study of current aspects of taxation under the bill №4184. The preconditions for the administration of value added tax in the taxation of electronic services to individuals supplied by non-residents on the Internet are analyzed by making appropriate amendments to the Tax Code of Ukraine, taking into account national legislation and foreign experience.The main changes proposed by the bill are systematized. It is noted that the bill as a whole has a positive impact on the economy and development of the state, and also draws attention to the imperfection of some pro-visions.The main changes proposed by the bill are highlighted, namely: the list of electronic services is determined; the list of non-residents is included in the list of persons registered as VAT payers; established rules for determining the place of supply of electronic services (B2C); a simplified VAT registration procedure for non-resident suppliers has been defined, which can be carried out remotely in electronic form on a specially developed web portal; released from the obligation of a non-resident to register tax invoices; provides for the payment of tax liability for a non-res-ident in foreign currency.It is noted that the adoption of the bill will provide fair tax conditions for national and international companies of non-residents that provide electronic services in Ukraine. The introduction of the rules will contribute to additional revenues from the paid tax to the budget. The bill proposes a simple mechanism for value added tax of non-residents, namely, allows you to remotely register in the electronic office of the taxpayer, as well as pay tax in foreigncurrency without a presence in Ukraine.
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KVANINA, VALENTINA. "NATIONAL REGIME IN IMPLEMENTATION OF PUBLIC PROCUREMENT AS A FACTOR FOR ENSURING NATIONAL INTERESTS." Herald of The Euro-Asian Law Congress, September 12, 2018, 48–55. http://dx.doi.org/10.34076/2619-0672-2018-2-48-55.
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Introduction: under the conditions of economic sanctions imposed by foreign countries against Russia, the issue of import substitution was sharply raised. Its mechanisms are stipulated, among other things, in the Article 14 of the Federal Law «On the contract system in the procurement of goods, works, services for the provision of state and municipal needs» (hereinafter – Federal Law No. 44): prohibitions, restrictions and conditions for admission of foreign goods, works, services on the territory of the Russian Federation. These mechanisms find reflection and development in the decisions of the Government of the Russian Federation, which create difficulties in their application by business entities. The article makes an attempt to analyze the legal framework on this issue, to identify problems and suggest ways to solve them. Methods: the general scientific methods of research (formal and dialectical logic, systemic) and private-science methods (comparative legal, formal-legal) were used in the article. This allowed to determine, on the basis of analysis of international legal acts, Russian legislation and law-enforcement practice, the limits of restrictions, prohibitions and conditions for admission of foreign goods, works, services to the Russian market. Analysis: the article analyzes the institution of national public procurement regimes enshrined in international legal acts, regulatory legal acts of the Russian Federation, including resolutions of the Government of the Russian Federation in which prohibitions, restrictions and conditions for admission of foreign goods, works, services in the territory of the Russian Federation are established; the problems that are caused by the unsystematic nature of Russian legislation are revealed. Results: the analysis of the legal framework on the national regime of public procurement made it possible to come to a conclusion about its imperfection and the need for carrying out its comprehensive expertise that would identify all the problematic aspects in this area and suggest ways of eliminating them. Moreover, it is necessary to develop a single set of issues that should be reflected in all decisions of the Government of the Russian Federation on prohibitions, restrictions, conditions for admission of foreign goods, works and services within the framework of the national public procurement regime.