Ущерб как признак состава злоупотреблений в сфере закупок товаров, работ, услуг для обеспечения государственных или муниципальных нужд

Abstract

The article deals with the concept and features of damage as a qualifying sign of abuse (corpus delicti) in the procurement of goods, works and services ensuring state or municipal needs. The subjective and objective criteria necessary to define the concept of «major damage» are revealed. The problem of qualification of acts containing signs of abuse in the field under consideration and delimitation of Art. 2004 of the Criminal Code of the Russian Federation from related offenses are touched upon. The issue of the validity of establishing the amounts of major and especially major damage for the qualification of the crime in question is analyzed. Based on statistical data, the average cost of one procurement item to ensure state or municipal needs is calculated. The most common methods of determining the supplier (contractor, performer) are identified. Various approaches and points of view of scientists concerning the issues of determining the amounts of major and especially major damage caused when committing abuses in the procurement of goods, works and services for state or municipal needs are analyzed. 
 The author formulates his position on the problems arising in connection with the unreasonableness of the established amounts of major and especially major damage caused by committing abuses in the field studied.