Prosecutor’s supervision over the implementation of legislation in terms of timely payment by customers of obligations under executed state and municipal contracts
Автор: Rudykh S.
Журнал: Вестник Восточно-Сибирского института Министерства внутренних дел России @vestnik-vsi-mvd
Рубрика: Публично-правовые (государственно-правовые) науки (юридические науки)
Статья в выпуске: 2 (105), 2023 года.
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Introduction: on the basis of the current legislation and taking into account law enforcement practice, the article discusses topical issues of prosecutorial supervision over the implementation of legislation in terms of timely payment by customers of obligations under state and municipal contracts. The results of the supervisory activity indicate that infringement of the rights of entrepreneurs due to non - fulfillment by state and municipal customers of obligations to pay for goods, works, services is massive. The author concludes that such a situation has a significant negative impact on the achievement of the goals and objectives of procurement activities, entails inefficient spending of budget funds, and also creates conditions for corruption and competition restrictions. Materials and methods: the normative basis of the study is formed by the Constitution of the Russian Federation, civil and budgetary legislation, administrative and criminal legislation in terms of countering violations in the field of procurement of goods, works, services, other federal laws and subordinate regulatory legal acts, departmental regulatory legal acts that form the legal basis for prosecutorial supervision of the implementation of legislation in the field of procurement of goods, works, services for state and municipal needs. The methodological basis of the study was the general dialectical method of scientific cognition, logical methods: deduction, induction, cognitive methods and techniques of observation, comparison, analysis, generalization and description; private scientific methods: formal legal, comparative legal and special scientific methods: statistical, cybernetic, content analysis method. The results of the study: allowed us to systematize the practice of prosecutorial supervision over the execution of laws regulating timely payment by customers for work performed by state and municipal contracts, to determine the role and practical significance of prosecutorial inspections in this area, to reveal the essence of prosecutorial activity in the prevention, detection and suppression of offenses in the field of procurement, to establish optimal areas of coordination and interaction in the field of anti - corruption in the procurement of goods, works, services for state and municipal needs. Conclusions and conclusions: I consider it necessary, when choosing and applying prosecutorial response measures, to pay attention to the causes and conditions that contributed to the commission of offenses of the category in question, and then proceed from the expediency and effectiveness of their application. In addition, it is necessary to carry out preventive work, which consists in informing the main managers of budget funds about the inadmissibility of late transfer of funds to customers within the limits of the budget obligations brought.
Prosecutor's supervision, procurement, state (municipal) contract, customer, payment under contract, limits of budget obligations
Короткий адрес: https://sciup.org/143180389
IDR: 143180389 | DOI: 10.55001/2312-3184.2023.26.18.007