Problems of legislative structure of the composition of the crime provided by art. 200.6 of the Criminal Code of the Russian Federation

Автор: Shurpaev Sh. M.

Журнал: Правопорядок: история, теория, практика @legal-order

Рубрика: Уголовное право

Статья в выпуске: 1 (32), 2022 года.

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Among the participants in legal relations in the field of procurement to meet state and municipal needs, a special role at the stage of contract execution is assigned to experts (expert organizations). The examination of the supplied goods, the results of the work performed, the services rendered, like most other legal mechanisms in the field of procurement, is aimed at reducing the volume of illegal, including corruption, phenomena in this area. In order to increase the efficiency of legal mechanisms to prevent theft in procurement, to minimize the risks of socially dangerous consequences in the procurement of certain types of goods, the Special Part of the Criminal Code of the Russian Federation in 2018 was supplemented by Article 200.6 of the Criminal Code of the Russian Federation, the addressees of which are experts and authorized representatives of an expert organization. The article provides a criminal-legal analysis of the composition of a deliberately false expert opinion in the field of procurement of goods, works, services to meet state and municipal needs. It is concluded that the giving by an “internal” expert of a deliberately false expert opinion in the field of procurement of goods, works, services to meet state and municipal needs, if this entailed causing major damage, may receive a different criminal-legal assessment depending on the legal status of the entity, who committed this offense.

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Knowingly false expert opinion, scope of procurement, public procurement, municipal procurement, experts, authorized representatives of an expert organization, criminal law characteristics

Короткий адрес: https://sciup.org/14123706

IDR: 14123706

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