CRIMINAL LAW MEASURES AGAINST CORRUPTION IN THE FIELD OF PUBLIC PROCUREMENT
DOI:
https://doi.org/10.52026/2788-5291_2021_65_2_86Keywords:
anti-corruption, public procurement, embezzlement of budget funds, illegal conclusion of contracts, criminal liability, administrative liability, Criminal CodeAbstract
Public procurement plays an important role for the normal functioning of the State and its apparatus. In 2021, despite the pandemic, the volume of financial violations in the field of public procurement in the Republic increased significantly.
Common criminal schemes include lobbying for the interests of specific suppliers, fraud with technical specifications, and signing fictitious acts. One of the most corrupt areas in Kazakhstan is the sphere of public procurement. This is due to three main reasons: first, large sums of money are allocated annually for public procurement; second, there are many loopholes in the legislation regulating this area that contribute to the commission of embezzlement of these funds; third, there is no criminal liability for violations committed in the field of public procurement, and the administrative liability provided for these violations has proved ineffective. Therefore, the author believes that it is necessary to strengthen the responsibility for violations of the rules of organization and conduct of public procurement, providing for criminal liability for them. A new article of the Criminal Code on liability for violation of the rules of public procurement is proposed. There are also other proposals to improve the criminal legislation aimed at countering violations of the rules of public procurement.