军事状态下公共采购的腐败风险

A. Harbinska-Rudenko, O.O. Pokutnii, V.R. Shymko
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摘要

本文探讨了腐败的内涵、定义及其对法律关系的影响,尤其是对公共采购系统的影响。文章指出了腐败在预算法律关系体系中的危害,以及为尽量减少公共采购体系中的腐败表现而可以采取的一系列措施。分析认为,预算法律关系作为规范预算资金的形成、分配和使用的制度,极易受到腐败风 险的影响。公共采购的效率和透明度应确保国家的稳定发展,保障公民的福祉,并为实施重要的社会和经济计划提供机会。有观点认为,预算法律关系中的腐败不仅仅是个别的不当行为,而是一个系统性的问题,对国家生活的各个领域都有重大的负面影响。分析了乌克兰国家预防腐败局在公共采购领域确定的腐败风险系统以及解决这些风险的方法。经确定,公共采购系统中腐败的负面影响形成了以下主要腐败风险:投标人高估报价价值并获取非法利润;浪费国家资金;参与者与客户串通以获取非法利益等。作者总结说,克服公共采购领域的腐败需要采取复杂的措施,即完善立法、提高反腐败机构的效率、确保其独立性和实行有效的问责制。作者得出结论,预算法律关系中的腐败是一个系统性问题,对乌克兰的可持续发展具有重大风险,会影响预算收入的减少、预算资金的低效使用、破坏对当局的信任并影响国家需求的财政安全。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Corruption risks during public procurement in the conditions of military status
This article examines the content of corruption, its definition and impact on legal relations, in particular in the public procurement system. The damage of corruption in the system of budgetary legal relations and the set of measures that can be applied to minimize manifestations of corruption in the system of public procurement are indicated. It was analyzed that budgetary legal relations, as a system regulating the formation, distribution and use of budget funds, are extremely vulnerable to corruption risks. The efficiency and transparency of public procurement should ensure the stable development of the country, guarantee the well­being of citizens and provide opportunities for the implementation of important social and economic programs. It is argued that corruption in budgetary legal relations is not just individual cases of misconduct, but a systemic problem that has a significant negative impact on all spheres of the state's life. The system of corruption risks identified by the National Agency for the Prevention of Corruption of Ukraine in the field of public procurement and ways of solving them are analyzed. It was determined that the negative consequences of corruption in the public procurement system form such key corruption risks as overestimating the value of the price offer and obtaining illegal profits by bidders; waste of state funds; collusion between the participants and the customer for the purpose of obtaining an illegal benefit and others. The authors summarize that overcoming corruption in the field of public procurement requires complex measures, namely improving legislation, increasing the effectiveness of anti­corruption bodies, ensuring their independence and applying effective accountability. It is concluded that corruption in budgetary legal relations is a systemic problem that carries significant risks for the sustainable development of Ukraine, affects the decrease of budget revenues, inefficient use of budget funds, undermines trust in the authorities and affects the financial security of the state's needs.
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