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Administrative law risks of the governmental and municipal procurement system

Administrative law risks of the governmental and municipal procurement system

Journal of Economic Regulation, , Vol. 6 (no. 3),

The paper deals with the administrative law risks of the Russian system of public procurement. The authors analyze the foregoing risks in the view of the correlation of risk situations, risk actions (omission) and administrative law prohibitions. The authors are considering problems of the subject and some other characteristics essential to the administrative offenses in terms of the most systemic risk in this sphere – an information risk. The materials on law practice open to general use generated in more than 25 entities of the Russian Federation were used in the paper while preparing.


Keywords: administrative law risks; governmental and municipal procurement; administrative offence; planning; purchase plan; purchase notice; purchase documentation; contract register; contract survey.

References:
  • Anchishkina O. V. (2014) The planning of public procurement: the experience of the FCS USA for the development of contractual relations in the Russian Federation. ETAP: Economic Theory, Analysis, Practice, no. 6, pp. 66-94. (In Russian).
  • Belov V. E. (2013). Planning in contract system. The Russian Laws: Experience, Analysis, Practice, no. 11, pp. 16-21. (In Russian).
  • Code of Administrative Offences of the Russian Federation of 30 December 2001 № 195-FZ. (In Russian).
  • Decree No. 182/7n of the Ministry of Economic Development and the Treasury of the Russian Federation of 31 March 2015. (In Russian).
  • Decree No. 544/18n of the Ministry of Economic Development and the Treasury of the Russian Federation of 20 September 2013. (In Russian).
  • Decree No. 761/20n of the Ministry of Economic Development and the Treasury of the Russian Federation of 27 December 2011. (In Russian).
  • Decree No. 1084 of the Government of the Russian Federation of 28 November 2013. (In Russian).
  • Decree No. 1093 of the Government of the Russian Federation of 28 November 2013. (In Russian).
  • Federal Law of 05 April 2013 № 44-FZ «On Contractual System for State and Municipal Procurement of Goods, Works and Services». (In Russian).
  • Federal Law of 28 December 2013 № 396-FZ «On the amendments to individual legislative acts of the Russian Federation». (In Russian).
  • Manea I. L. and Popa I. A. (2010). Risk Management in Public Procurement. Process Studies and Scientific Researches. Economic Edition. no. 15.
  • Melnikov V. V., Belenkaya E. V., Petrova E. V. and Tyutina V. V. (2014). An application of open tender mechanism by public procurement in 2006-2014.
  • Governmental and Municipal Management. no. 3, pp. 80-86. (In Russian).
  • Nechaev A. D. and Tischenko E. V. (2013a). The definition of criminal law risk: nature, place and importance. Materials of the International Youth Scientific-Practical Conference «Youth and Science: Current Status, Problems and Prospects of Developmentof the Law». Lugansk. (In Russian).
  • Nechaev A. D. and Tischenko E. V. (2013b). Criminal law risks in the sphere of discharging the obligations by the governmental and municipal contract parties. TERRA ECONOMICUS, vol. 3, no. 3, part 2, pp. 176-184. (In Russian).
  • Pavel J. (2005). Efficiency of Public Tendering: Level of Transparency versus
  • Private Transaction Costs, Democratic Governance for the XXI Century. Challenges and Responses in CEE Countries. Moskva.
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