Volume 03 Issue 07-2023
62
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
07
Pages:
62-67
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
In the article discusses the current situation regarding the legal regulation of the detection and prevention of
violations related to public procurement, as well as the measures implemented in the republic in this area, topical
issues related to the implementation of these measures. In addition, the experience of Germany and the European
Union was briefly studied, and on its basis conclusions and proposals were made to improve the system for combating
corruption crimes in the field of public procurement.
KEYWORDS
Corruption, public procurement, public procurement contractor, conflict of interest, public control.
INTRODUCTION
Today, the economy of our country is developing more
and more, which creates the basis for the
implementation of important public procurement for
the benefit of the state and society. Public
procurement has become important in the activities of
the state, and it is customary to understand by them
the purchase of goods and services by the state or
citizens for a certain price. There are different views on
the essence of this concept. In particular, according to
V. V. Melnikov, public procurement is the purchase of
industrial goods or specific services on the basis of a
state order. According to V. I. Kuznetsov, public
procurement is the result of administrative, financial,
civil law relations aimed at meeting the needs of the
state and society. In our national legislation, this
concept is given a clear and uniform definition,
according to article 4 of the Law of the Republic of
Uzbekistan “On Public Procurement” adopted on April
22, 2021, public procurement is the process of ensuring
the needs of state customers in goods (works,
services) on a paid basis [1].
Research Article
SOME ISSUES OF CRIME PREVENTION IN THE FIELD OF PUBLIC
PROCUREMENT
Submission Date:
July 20, 2023,
Accepted Date:
July 25, 2023,
Published Date:
July 30, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue07-11
Murod Urazaliyev
Doctor Of Law, Professor Of Tashkent State University Of Law, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 07-2023
63
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
07
Pages:
62-67
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Although this law was adopted relatively recently,
there are many problems and violations in this area
that cause serious damage to the legally protected
interests of the state and society. It is for this reason
that the fight against illegal activities, especially
corrupt activities that take place in the field of public
procurement, is an urgent issue, while it is important to
identify the causes and conditions that contribute to
the emergence of corrupt actions on the ground.
There are several factors that cause corruption in the
field of public procurement, in particular, electronic
public procurement, which is a new form of public
procurement, that is, the implementation of public
procurement through a software and hardware
complex of a special information portal, such as an
electronic store and an auction held to reduce the
initial price, using information and communication
technologies, as well as is the reason for the
implementation of corruption situations by providing
false signs in this area. Also, the presence of a conflict
of interest among officials in the implementation of
public procurement, as a result of violation of the rules
of the tender, falsification of tender documentation is
also the reason for violation of the provisions of the
Law “On Public Procurement” and “On Competition”.
In our republic, the competent authority in the field of
public procurement is the Ministry of Finance of the
Republic of Uzbekistan. This div carries out state
regulation in the field of public procurement, and the
inability of the competent authorities to effectively act
as another factor in the escalation of corruption cases
in this area, including cases of embezzlement of funds
from the state budget, it should be noted abuse of
statutory powers.
According to statistics, when the Ministry of Justice
checked regulatory legal acts in the field of
construction, healthcare, higher education and public
procurement, it was found that in 65 out of 226
regulatory legal documents (29 percent) there were
292 corruption factors, 46 corruption factors were also
found in 12 out of 16 documents in the field of public
procurement [2].
In addition, the circumvention of auctions held in order
to reduce the initial price during public procurement,
as well as the purchase of goods at inflated prices
through direct contracts without bidding, contrary to
the requirements of public procurement, and the
spending of excess funds by organizations not
authorized by the Cabinet of Ministers, is clarified, a
number of systematic violations have been identified,
such as the purchase of passenger cars cars in excess
of the norm and without the approval of the Ministry
of Finance [3].
It should also be noted that some gaps in the
regulatory legal acts regulating the sphere of public
procurement, the lack of openness and transparency in
the work of state bodies, the presence of bureaucratic
barriers limiting the competitive environment and
public control also created the ground for the
entrenchment of corruption in this area. So, before the
adoption of the Law “On Public Procurement”, for
2018-2019 and 5 months of 2020, 278 organizations
concluded transactions worth 100.3 billion soums
through the electronic store, purchases were made in
excess of the established amount. During this period,
8,255 organizations carried out transactions worth 176
billion soums through the electronic store, exceeding
by 25 times the limit of the base amount of the
calculation established for public procurement. In
2018-2019, 10 budget organizations made purchases
worth 5.2 billion soums in the form of auctions, without
competition [4].
Volume 03 Issue 07-2023
64
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
07
Pages:
62-67
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
In addition to the above factors of the occurrence of
corruption cases in the field of public procurement,
corruption cases also create a short period of
consideration of complaints received by the
Commission for the consideration of complaints in the
field of public procurement. Thus, in the Regulation on
the procedure for considering complaints in the field of
public procurement, approved by the order of the
Director of the National Agency for Project
Management under the President of the Republic of
Uzbekistan №180 dated May 1, 2018 (№ 3013 dated
May 14, 2018), the complaint review period is seven
working days [5].
Although the verification and consideration of
complaints does not take much time, this process
suspends the validity of the specified contract, which
in turn may harm the rights of interested persons. In
our opinion, in this regard, it is necessary to establish a
shorter period. Thus, in Germany, which is a member of
the European Union, the public procurement system
complies with the requirements of European
legislation, the appellate div in the form of an
independent institution and a judicial div in this area
provides for an accelerated procedure for reviewing
complaints (within 3 days), which does not slow down
investment processes [6].
In addition, there is another unique system in this
country, there is a public organization “Public
Procurement Forum”,
consisting of experts and
scientists, within the framework of this forum, local
opinions are exchanged, new relations in the field of
public procurement are formed, and the best scientific
work on public procurement is being formed. Also, if
you look at the US experience, the overall coordination
of activities in the field of public procurement in this
country is carried out by the Office of Federal
Procurement Policy, and public procurement is carried
out in a simplified manner, unlike other countries,
including the following:
overview of price quotes;
use of corporate purchasing plastic cards when making
very small purchases (up to 2500 US dollars);
making a purchase order;
for example, the use of standard regulatory contracts
for the continuous purchase of products of many types
[7].
This procedure is applied when the contract amount is
small and does not exceed 5 million US dollars per year.
It is forbidden to artificially reduce the volume of
purchases (by dividing them into smaller parts). The
introduction of similar experience into the national
legal system, in our opinion, will give a positive result in
preventing corruption factors in the field of public
procurement. In recent years, several reforms have
been implemented aimed at preventing corruption and
creating a transparent system in the field of public
procurement.
In particular, by the Decree of the President of the
Republic of Uzbekistan dated June 29, 2020 № 6013
“On additional measures to improve the anti
-
corruption system in the Republic of
Uzbekistan”, the
Law of the Republic of Uzbekistan “On Public
Procurement”, the Anti
-Corruption Agency is tasked
with analyzing the effectiveness of the anti-corruption
control system in the field of public procurement and
the use of budgetary funds, loans from international
organizations and foreign states, the sale of state
assets, as well as the development of proposals for its
improvement [8].
Volume 03 Issue 07-2023
65
International Journal Of Law And Criminology
(ISSN
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2771-2214)
VOLUME
03
ISSUE
07
Pages:
62-67
SJIF
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FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Also, this decree grants the Agency the right to
request, receive and research materials related to the
expenditure of budgetary funds, the sale of state
assets, public procurement, the implementation of
investment projects and the implementation of state
programs.
At the same time, the issue of responsibility for
corruption situations in this area is being radically
reformed today. In particular, on the basis of the Law
of the Republic of Uzbekistan dated January 14, 2021,
the Code of Administrative Responsibility was
supplemented with article 1758, which provides for
administrative responsibility for violation of legislation
on public procurement [9].
According to it, non-compliance with the requirements
of the legislation on the procedure for the formation
and placement of public procurement plans, including
schedule plans, as well as violation of the procedure for
placing public procurement announcements on a
special information portal, violation of the procedure
and timing of mandatory discussion and violation of
the timing of the placement of public procurement
results in the implementation of public procurement in
cases provided for by the legislation on public
procurement entails the imposition of a fine on officials
from five to ten basic calculated values.
The
introduction
of
information,
links
and
requirements prohibited by law and restricting
competition in public procurement announcements
and procurement documentation, violation of the
procedures
for
approving
procurement
documentation and the formation of applications
entails the imposition of a fine on officials from ten to
fifteen basic calculation values.
Also, this norm provides for liability for violation of the
bidding procedure. Thus, according to the third part of
the article, violation of the requirements for
determining suppliers of goods, works and services
through a tender, as well as making a decision on public
procurement from a single supplier or on the basis of
direct contracts in cases where the definition of a
supplier of goods performing work and providing
services through a competitive procurement method is
established in accordance with the legislation on public
procurement is punishable by a fine in the amount of
fifteen to twenty basic calculated values.
At the same time, failure to notify, in accordance with
the procedure established by the legislation on public
procurement, about affiliation and conflict of interests
in the process of public procurement, as well as failure
to accept proposals for public procurement in cases
not provided for by the legislation on public
procurement, or shortening the deadline for
submitting proposals contrary to the requirements of
the legislation on public procurement, as well as
violation of the requirements of opening envelopes
with proposals and evaluation of proposals in
accordance with the procurement documentation,
entails the imposition of a fine on officials from twenty
to thirty basic calculated values.
A number of researchers also approved the
strengthening of accountability in order to eliminate
corruption situations in the field of public
procurement. In particular, according to researcher O.
N. Khodasevich, in case of an increase in cases of
corruption in the field of public procurement carried
out by individuals, it is necessary to strengthen
measures of responsibility, including authorized
representatives of authorities [10].
Volume 03 Issue 07-2023
66
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
07
Pages:
62-67
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
It is also necessary to simplify public procurement
procedures, researcher R.I. Mishchenko notes. In his
opinion, it is necessary to simplify the implementation
of public procurement, clarify the concepts and terms
in the laws relating to public procurement, as well as to
prevent contradictions between the norms [11].
The implementation of these reforms and proposals
and the experience of foreign countries in this system
will give a positive result in preventing corruption in
public procurement, in this regard, we would like to
give additional recommendations.
Firstly, in order to create procurement systems based
on transparency, competition and objective decision-
making criteria from the point of view of preventing
corruption, it is necessary to focus on creating
sufficient conditions for placing procurement
announcements and concluded contracts on the public
procurement portal, information disclosure and public
control.
Secondly, it is necessary to publicly announce in
advance the criteria for the selection and decision-
making of the winners of the tender, as well as the
conditions of participation.
Thirdly, there should be restrictions aimed at
preventing corruption in the public procurement
process, that is, if the close relatives of the participants
have the right to decide on the choice of the
contractor, the participant should not be allowed to
participate in public procurement.
Fourth, it is necessary to determine the procedure for
collecting information about all contracts concluded
within the framework of public procurement through
a single register.
Fifth, if information about the conclusion of direct
contracts in the course of public procurement is not
posted in the electronic public procurement system,
payments under these contracts should not be made.
Also, in order to create procurement systems based on
transparency, competition and objective decision-
making criteria from the point of view of preventing
corruption, it is necessary to pay attention to the issue
of
placing
procurement
announcements
and
concluded contracts on the public procurement portal,
making public and creating sufficient conditions for
public control. As pointed out by researcher Sh.
Rakhmanov, in the fight against corruption, it is
necessary to ensure the transparency of the activities
of public authorities and management, because the
level of corruption determines the overall level of
development of the country, statehood and society
[12].
At the moment, administrative responsibility for this
type of crime has been established, but the issue of
criminal responsibility for such crimes has not yet been
resolved. We believe that these proposals will serve to
create conditions for fair competition among
entrepreneurs, ensure openness and transparency,
strengthen public control and prevent corruption.
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Volume 03 Issue 07-2023
67
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
07
Pages:
62-67
SJIF
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MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
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