Features of the investigation of abuse of official authority in the field of procurement of goods (works, services) for state and municipal needs
- Autores: Zheleznyak A.R.1
-
Afiliações:
- Moscow City Bar Association "Zheleznyak, Bondarenko and Partners"
- Edição: Volume 18, Nº 6 (2025)
- Páginas: 102-111
- Seção: Criminal Law Sciences
- URL: https://ogarev-online.ru/2072-3164/article/view/358438
- DOI: https://doi.org/10.33693/2072-3164-2025-18-6-102-111
- EDN: https://elibrary.ru/MSRGSR
- ID: 358438
Citar
Resumo
The article analyzes the criminal law aspects and criminalistic features of the investigation of abuse of official authority by officials committed during the organization and conduct of state and municipal procurement.
Based on the analysis of the norms of criminal, budgetary and contractual legislation, as well as judicial practice, approaches to determining the effectiveness of procurement activities are formulated as one of the criteria for assessing the presence of socially dangerous consequences of the criminal encroachment in question.
The necessity of special knowledge in the field of economics and financial control in the investigation of cases of this category is substantiated. The problems of law enforcement related to the evaluative concepts of "interests of the service", "significant violation" and "grave consequences" are identified. For the methodological guidance of the investigation, a study of the signs of the criminalistic characteristics of the corpus delicti provided for in Article 285 of the Criminal Code of the Russian Federation in relation to the field of procurement is proposed. The necessity of evaluating the effectiveness and efficiency of procurement, the role of financial control bodies and the chief administrator of budgetary funds at the initial stage of the investigation of a criminal case, as well as during the verification of a crime report, is substantiated.
Texto integral
##article.viewOnOriginalSite##Sobre autores
Anatoly Zheleznyak
Moscow City Bar Association "Zheleznyak, Bondarenko and Partners"
Autor responsável pela correspondência
Email: a.zheleznyak@zandpartners.ru
Chairman
Rússia, MoscowBibliografia
- Anisimova I.A. Criminal Law Value of Crime Damage: Cand. Sci. (Law) Dis.: 12.00.08 Criminal Law and Criminology; Penal Law Enforcement. Tomsk, 2008. p. 174.
- Borkov V.N. Assessment of the Significance of Violations of Protected Interests in Qualifying Abuse of Official Authority. Bulletin of the Siberian Legal Institute of the Ministry of Internal Affairs of Russia. 2020. No. 1(38). Рp. 20–26. EDN: IWDHMC, doi: 10.51980/2542-1735.2020.1.20. (in Rus.).
- Zheleznyak S.N., Teteryatnikov N. Yu., Leontieva Yu.V. Correlation between Rights and Powers in Legal Theory and Operational Investigative Activity. Society and Law. 2020. No. 1(71). Рp. 100–101. EDN: LUYNDG. (in Rus.).
- Katvalyan A.E. Principle of Responsibility for Effectiveness of Providing State and Municipal Needs and Efficiency of Procurement. Actual Problems of Russian Law. 2020. No. 8. Рp. 75–83. EDN: QVOBCF, doi: 10.17803/1994-1471.2020.117.8.075-083. (in Rus.).
- Matveeva N.S. Evaluation of Efficiency and Effectiveness of Public Procurements. Finance and Credit, 2018. Vol. 24, No. 3. p. 25. EDN: YTPMSH, doi: 10.24891/fc.24.3.505. (in Rus.).
- Mozhaev A.G. On the Issue of Serious Consequences under Articles 285, 286 of the RF Criminal Code as a Variety of Socially Dangerous Consequences. Russian Investigator. 2017. No. 19. Рp. 42–44. EDN: ZHGXUX. (in Rus.).
- Povetkina N.A. Budget Fund Expenditure Efficiency: Issues of Legal Classification. Financial Law. 2015. No. 3. Рp. 16–22. EDN: TKVHPR. (in Rus.).
- Skripchenko N. Yu., Sitnikov A.V. Substantial Harm as an Element of Official Crimes. Criminal Law. 2017. No. 1. p. 85. EDN: YHTKYP. (in Rus.).
Arquivos suplementares
