Dumping as a criminal offense in the field of public procurement

Abstract

The article is devoted to the consideration of dumping as a criminal offense in the field of public procurement. It is investigated that the domestic criminal legislation does not currently contain a criminal offense that would characterize the signs of dumping as a socially dangerous encroachment. However, in practice, depending on the consequences of dumping, such a phenomenon in its nature and consequences may well be considered in the aspect of a criminal offense.
 The article analyzes the definition of dumping from the standpoint of national and international law. The importance of dumping in scientific reference sources and works of individual scientists is considered. It is a general conclusion that dumping is, first of all, a manifestation of unfair competition, which is embodied in the deliberate lowering of prices for goods, services, work in order to gain an advantage over other competitors and to make a profit.
 Emphasis is placed on the special features of dumping as an illegal act, which this phenomenon acquires during the procurement of goods, works and services to meet the needs of the state and local communities. Special attention is paid to the consideration of each component, namely the specific features of the criminal offense, as well as the subject and limits of evidence. It also indicates the key features of the entities that are harmed by the dumping transactions and the entities that may be held liable for the act.
 The objective and subjective aspects of dumping as a criminal offense during procurement procedures have been studied.
 The main manifestations of dumping during public procurement are presented and described. A comparison of illegal dumping acts with acts, the external manifestation of which is identical to dumping, but in essence it is not.
 The defining features that characterize dumping during public procurement as a criminal offense are highlighted. The consequences of dumping in the field of public procurement, which are manifested in causing material damage, misuse of funds and bankruptcy, are considered and analyzed. The importance and necessity of improving the legislative regulation of the issue under consideration were emphasized.