RESPONSIBILITY FOR THE CORRUPTION ACTS IN THE SPHERE OF THE STATE PROCUREMENT

Abstract

The essence and content of corruption in the sphere of the state procurement are revealed, the review of the legislation related to the liability for the corruption acts is done, as well as the normative and legal basis of the state anti-corruption policy in the sphere of the state procurement, is analyzed in the article. It is revealed that at present the current legislation does not envisage the criminal liability for violations of the state procurement procedures. At the same time, if the investigation or inquiry bodies have evidence of the corresponding crime committed by a state servant, the latter is prosecuted in accordance with the Art. 364 of the Criminal Code of Ukraine «Abuse of power or official position».

The state procurement procedures, as the key element of the state regulation of the country’s economy, ensures the development and functioning of all the economic spheres. Through the state procurement mechanism the State meets its priority needs in certain goods, works or services and provides funds to the state agencies and institutions. At the current stage of reforming the country’s economy, unfortunately, the scope of the state procurement is not quite transparent and effective. It causes negative consequences for the development of the national economy. The legal gaps in the current legislation do not create the competitive environment, and therefore do not contribute to the efficient use of the state funds. While examining the corruptive acts in the sphere of the state procurement, it becomes clear that it is a separate group of offenses. Its feature is the aim of the official persons to gain profit from the intentional illegal deeds with the use of their official position in the interests of the persons, who promise the appropriate remuneration.