The problem of corruption in the contracting out of public services - the case of Slovakia

Abstract

Corruption finds room for its proliferation precisely where there is extensive, opaque and little controllable regulation by the state. In this context, it is the role of the rule of law to apply the principles of legal (enforceability) accountability in the context of corrupt behaviour and the drawing of consequences. The level of rule of law in this area affects the risk of corruption in public service procurement processes. The main goal of the study is to demonstrate the problem of corruption as the threat of the rule of law by the results of qualitative analysis of the legal framework defining corruption and of the methods of public procurement used by us in the contracting out of local public services in Slovak republic. The study answers research question on impact of legal accountability with implications for the risk of corruption on the methods of public procurement of public services. Data qualitative analysis is descriptive in nature. The real enforceability of legal responsibility for corrupt acts against public officials is very low in Slovakia. The quality of this legal framework has real impact on risk of corruption in public procurement processes, which can be identified by often using the direct purchase as the method of public procurement. Public organizations do not always proceed in accordance with applicable legislation, at least in accordance with its ethics and essential principles of public procurement. This problem reflects the proposed system's changes in public procurement in contracting out public services, which should eliminate the risk of corruption at the level of formal and informal rules.