Generalization of typical acts included in the objective side of abuse of official powers and their excess, when they are committed in the field of public procurement

In the structure of corruption-related crimes committed in the field of public procurement, a significant part falls on abuse of official powers and their excess. Most of the typical intentional violations of the procedure for public procurement, entailing socially dangerous consequences in the crimes under Articles 285 and 286 of the Criminal Code of the Russian Federation, can be generalized into two conditional groups, depending on such criteria as the type of violated fundamental principle of the contract system in the field of procurement: violations of the principle of ensuring competition; violations of the principle of the effectiveness of procurement and the related principle of the efficiency of the use of budgetary funds. As the analysis and generalization of law enforcement practice shows, homogeneous actions of customer officials can receive a different criminal legal assessment. Such actions include: violation of the procedure for determining and justifying the contract price; restriction of competition at the stage of determining suppliers (contractors, performers); conclusion of a contract with a single supplier in the absence of legal grounds; signing of additional agreements to the contract in the absence of grounds for this; organization of acceptance or acceptance of delivered goods (works performed, services rendered) in case of actual non-fulfillment by suppliers (contractors, performers) of the terms of the contract. The analysis and generalization of typical acts of customers carried out in the study as signs of the objective side of official crimes allowed us to conclude that there is no uniformity in the application of legislation on liability for abuse of official powers and their excess when committing these crimes in the field of public procurement. In such conditions, it is necessary to develop recommendations that take into account the specifics of the situation of commission of official crimes.