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PUBLIC DANGER OF CRIMES IN THE FIELD OF PUBLIC PROCUREMENT

Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.2, No. 26)

Publication Date:

Authors : ;

Page : 25-31

Keywords : public danger; nature of public danger; degree of public danger; crimes in the field of public procurement; sign of a criminal offense;

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Abstract

The article substantiates the relevance of the issue of public danger of crimes in the field of public procurement. Scientific and legal research on the problems of public danger of crime as a fundamental sign of a criminal offense were systematized and summarized. The problems and peculiarities of establishing the public danger of crimes in the sphere of public procurement are revealed. The characteristics of public relations that are the object of the crime of public procurement have been investigated. Special attention is paid to the importance of protection of public relations in the sphere of procurement of goods, works and services for the needs of the state and territorial communities, which is in the strategic role of efficient use of budget funds, prevention of manifestations of corruption, full implementation of social programs, economic growth of the state, solution nationwide cross-industry issues. The individual objective features of public procurement crimes have been investigated. In particular, it is established that the subject of socially dangerous actions in the field of public procurement, because of the complex nature of the commission of crimes, may be budgetary funds intended for public procurement, as well as cash in the form of undue benefits that the customer receives from the tenderer for committing in favor of the latter of certain misconduct during the procurement procedures. The individual objective features of public procurement crimes have been investigated. In particular, it is established that the subject of socially dangerous actions in the field of public procurement, because of the complex nature of the commission of crimes, may be budgetary funds intended for public procurement, as well as cash in the form of undue benefits that the tenderer receives from the customer for committing in favor of the latter of certain misconduct during the procurement procedures. Separately, for a comprehensive understanding of the nature of the public danger of crimes in the field of public procurement, the issue of their commission in the context of a special situation is highlighted. The nature of socially dangerous consequences caused by the specified category of crimes is analyzed in terms of their division into financial, quantitative, qualitative and political losses. In addition, considerable attention is paid to the study of the degree of public danger of crimes in the field of public procurement, which is primarily directly attributable to the extent of the harm caused. Also, in the aspect of correlation of key features of criminal offense, the analysis of problematic issues of criminal illegality and punishment of these crimes was carried out. The study demonstrated a need for the further scientific development of the issue of public danger of crimes in the field of public procurement.

Last modified: 2021-03-25 00:07:47