The Concept Of Criminal Offenses In The Field Of Public Procurement

  • A.M. Cheredarchuk
Keywords: public procurement, criminal offenses in the field of public procurement, signs of criminal offenses in the field of public procurement.


The article notes that more than 85,000 competitive procedures are held in Ukraine annually at public expense. The amount of public procurement is calculated in billions of hryvnias, so there are stakeholders who are trying in different ways in the procurement of goods, works and services to appropriate these funds.

Due to irrational and inefficient spending of budget funds, non-fulfillment of budget commitments by the state, social problems are exacerbated, as the gap between the majority of the population forced to survive and those who get rich quickly by misappropriating budget funds is growing.

Most of the violations committed during public procurement are of the same type and have a systemic nature, and violations are allowed at all stages of the procedure, from the submission of the application to the signing of procurement contracts. However, despite its applicability, the concept of criminal offense in the field of public procurement has not found its definition in domestic law, so its wording plays a primary role.

Criminal offenses in the field of public procurement should be understood as socially dangerous acts, which are usually related to the person of the customer, as well as the use of state (budget) funds to implement illegal plans by committing fraud, official, corruption and other acts under the Criminal Code. Ukraine and other regulations.