Open AccessNovels of the Criminal Code on responsibility for abusesin public procurement: background and problems of qualification
Author(s) -
A. Ya. Asnis
Publication year - 2018
Publication title -
rossijskoe konkurentnoe pravo i èkonomika
Language(s) - English
Resource type - Journals
ISSN - 2542-0259
DOI - 10.32686/2542-0259-2018-4-34-43
Subject(s) - procurement , criminal code , law , legislator , business , scope (computer science) , position (finance) , commission , criminal procedure , service (business) , criminal responsibility , criminal law , legislation , political science , finance , computer science , marketing , programming language
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 qualication 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.