THE CONCEPT OF PUBLIC PROCUREMENT: CRIMINAL LAW ASPECT

УДК 34 ББК 67.75

Abstract

The article considers theoretical and applied issues of defining the category of «public procurement». Inthe current Russian legislation, the legal definition of the definition under consideration is not fixed. In mostregulatory acts, such concepts as «procurement for state and municipal needs», «government procurement»,«state and municipal contracts», etc. are used to designate public procurement. In the work, the author notesthat the protective legislation in this part, which is of a blanket nature, is also characterized by the polemicnature of the categorical apparatus of the norms that establish responsibility for various violations and abusesin the procurement system. The diversity of approaches to the definition of virtually identical concepts leadsto objective difficulties in law enforcement practice, which requires independent scientific understanding andtheoretically substantiated proposals for the unification of the conceptual apparatus of various branches oflaw. This corresponds to the legal principle of consistency as one of the fundamental provisions of the Russianlegal system. The author's analysis of the legal doctrine allowed to formulate a universal definition — publicprocurement — which can be used, at a minimum, in criminal legislation to form uniform approaches toestablishing liability for criminally punishable unlawful behavior in the implementation of purchases made at  the expense of the state and municipal budgets. The applied significance of the study is due to the possibilityof receiving the developed provisions when formulating a criminal law, including within the framework ofa conceptual approach to the formation of a model of a single official crime.