Valerii DARAHAN
D.Sc. in Law (Dnipropetrovsk State University of Internal Affairs), Ukraine
ORCID iD: orcid.org/0000-0003-1735-2371
velcom07@gmail.com
Andrii SHYNKEVYCH
Ph.D. (Law) (Academy of the Ministry of Internal Affairs of the Republic of Belarus), Belarus
am.shinkevich@gmail.com
UDC 338.2
DOI 10.31733/2786-491X-2022-1-161-174
Keywords: public procurement, economic security, corruption, economic crimes
Abstract. This article defines measures aimed at forming economic security in the field of public procurement in Ukraine. It was established that despite the large number of publications related to the study of anti-corruption in the field of public procurement, the impact of such activities on the national economy of Ukraine and the economic security of Ukraine as a whole have not been studied. It is given the classification of measures to prevent corruption in the field of public procurement, the impact of such measures on the formation of economic security in the field of public procurement in Ukraine is determined.
According to the results of the study it is established that: 1) the entrepreneur and representatives of customers in most cases add 20 to 40 % of “kickbacksˮ to the value of the procurement before the procurement procedure, which further affects their cost, which in turn directly affects not only on the financial condition of state structures and enterprises, but also on the functioning of the national economy as a whole; 2) the most promising areas of prevention of corruption in the field of public procurement, both in Ukraine and in some countries, are: improving the legal regulation of public procurement procedures; organizational and legal support of public and state control in the field of public procurement; strengthening measures of responsibility for violations related to public procurement; 3) the development of an effective mechanism for combating corruption in the field of public procurement is not only a promising area for stabilizing the economy of Ukraine, but it also will create real preconditions for its development.
The proposed measures and proposals to prevent corruption in the field of public procurement can be used during further research on this issue, as well as in the process of forming a strategy of economic security in the field of public procurement.
References
Azarenkova, G., Buriachenko, A., & Zhyber, T. (2020). Anticorruption efficacy in public procurement. Financial and credit activity-problems of theory and practice, 2, 33, pp. 66-73.
Borowiec, A. (2019). Corrupt Practices in Public Procurement: Evidence from Poland. Eurasian Economic Perspectives, pp. 71-82.
Golovanenko, M. (2016). Corruption risks and reliability of the public procurement logistics system in Ukraine. Theoretical and applied studies of economics, 1, pp. 77-84. (in Ukrainian).
Cesi, B., & Lorusso, М. (2020). Collusion in public procurement: the role of subcontracting. Economia Politica, 37, pp. 251-265.
Darahan, V. (2016). The fight against corruption in public procurement – a necessary condition for stabilization and development of the national economy of Ukraine. Bulletin of Voronezh State University. Seriya: Pravo, 1, 27-38. (in Russian).
Darahan, V. (2015). Prevention of corruption in the field of public procurement as a necessary condition for stabilization and development of the national economy of Ukraine. Bulletin of the Voronezh State University. Seriya: Pravo, 2(21), pp. 191-196. (in Russian).
Darahan, V. (2016). Measures to prevent corruption in the field of public procurement. Visny`k Lugans’kogo derzhavnogo universy`tetu vnutrishnix sprav imeni E. O. Didorenka. Syeverodonecz`k, 3, pp. 160-167. (in Ukrainian).
Darahan, V. (2014). Organizational and legal measures to ensure legality in the field of public procurement in Ukraine. Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, 4(28), pp. 115-118. (in Russian).
Darahan, V. (2014). Prevention and prevention of corruption in the field of public procurement in the Republic of Belarus (regulatory and legal and management aspects). Management Issues, 5(11), 175-180. (in Russian).
Darahan, V (2014). Corruption risks of the law of Ukraine “On public procurementˮ and ways to overcome them. Theory and practice of law, 2(6), http://nauka.jur-academy.kharkov.ua/download/ el_zbirnik/2.2014 /9.pdf. (in Ukrainian).
Darahan, V. (2014). Improving the legal regulation of public procurement as a necessary element of sustainable development of the economy of Ukraine. Science, Education, Culture: Materials of the International Scientific-Practical Conference. Comrat: Comrat State University, pp. 20-22. (in Russian).
Darahan, V. (2015). On the need for regulatory and legal regulation of a special inspection of persons involved in public procurement. Scientific Legislation of the Institute of Legislation of the Verkhovna Radio of Ukraine, 3, pp. 49-52. (in Ukrainian).
Darahan, V. (2014). The impact of the European integration process on the sphere of public procurement in Ukraine. Problems of legality: CB. Sciences. pr. / vip. ed. V.Ya. Tatsiy. Kharkiv: National yuriod. University named after Yaroslav the Wise, 127, pp. 147-151. (in Ukrainian).
Darahan, V., Boiko, O., Rohalska, V., Soldatenko, O., & Lytvynov, V. (2021). Structural-functional providing of the operative-investigative crime prevention in the field of public procurement in Ukraine. Amazonia Investiga, 10(42), pp. 80-92.
Dovgan, M. (2013). Administrative liability for violation of the procedure for public procurement of goods, works and services. Kyiv: NAU. 22 p. (in Ukrainian).
Goltsunov, E. (2009). Ensuring economic security in the field of public procurement. Moskow: Acad. econ. security of the Ministry of Internal Affairs of the Russian Federation, 21 p. (in Russian).
Jiancai, Pi. (2021). An investigation of seeming favoritism in public procurement. Manchester School, 89, 1, 128-137. (in English).
Kovalchuk, Yu. (2014). On the issue of prospects for the interaction of public organizations and public authorities in the fight against corruption in public procurement in Ukraine. Activities of public authorities to combat organized crime and corruption: Mater. VI Mezhdunar. nauch.-prakt. internet-konf. Otv. red. Voronin YU. A., Vejbert S. I.. Ekaterinburg: Uralsk. Institute of Management Rankigs under the President of the Russian Federation, pp. 67-72. (in Russian).
Matto, M., & Athumani, H. (2018). Investigating non-compliance with procurement documentation and records keeping in Tanzania public procurement. International Journal of Economics, Commerce and Management, VI, 9, pp. 352-365.
Melnichuk, T. (2013). Threats to criminological security of public procurement. Academic research papers of the Tauride National University of Yemeniye V. Ye. Vernadsky. Seryoya “Yuryodocheskiye naukoyoˮ, 26 (65), no. 2-1 (Part 2), pp. 229-236. (in Ukrainian).
Melnikov, V. & Karelin, I. (2021). Public procurement as an economic policy tool. Journal of institutional studies, 13, 2, pp. 100-115.
Moldovan, E. (2010). Directions of prevention and counteraction of corruption in the civil service: moral and ideological aspect. State administration: theory and practice, 2, http://www.nbuv.gov.ua/e-journals/dutp/2010_2/txts/10mesmia.pdf. (in Ukrainian).
Olefir, A. (2014). Procurement Law: the beginning of reform, http://www.apteka.ua /article/293922. (in Ukrainian).
Samolysov, P., Belova, S., Tsviliy-Buklanova, A., Gaponenko, V., & Artemyev, N. (2020). Legal liability in public procurement. Revista inclusions, 7, 351-356.
Skalozub, L. (2015). Offenses in the field of public procurement as a threat to national security of Ukraine. Scientific Bulletin of Odessa National Economic University, 3, pp. 220-231.
(in Ukrainian).
Skosyrskaya, Yu. (2011). Criminological and criminal law measures to combat corruption-related crimes committed in the field of public procurement. Moscow: Academy of Economic Security of the Ministry of Internal Affairs of Russia, 211 p. (in Russian).
Signor, R., Love, P., & Ika, L. (2020) White Collar Crime: Unearthing Collusion in the Procurement of Infrastructure Project, pp. 1-12.
Sun, T., & Sales, L. (2018). Predicting Public Procurement Irregularity: An Application of Neural Networks. Journal of emerging technologies in accounting, 15, 1, pp. 141-154.
Toeba, T. (2018). Corruption in Public Procurement in Lesotho. Law and development review, 11, 2, pp. 397-431. (in English).
Shynkevich, A. (2017). On the use of opportunities for public control in the fight against crime in the field of procurement. Problems of combating crime and training personnel for law enforcement agencies: an international scientific and practical conference dedicated to the 100th anniversary of the Belarusian police. Minsk: Academy of the Ministry of Internal Affairs, pp. 75-76. (in Russian).
Vasilinchuk, V., & Slivenko, V. (2014). Improving criminal liability for crimes in the field of public procurement. Scientific Bulletin of the National Academy of Internal Affairs, 1, pp. 112-119. (in Ukrainian).