Municipal Procurement Research Articles

Противодействие коррупции в сфере государственных и муниципальных закупок как способ обеспечения экономической безопасности государства

The article discusses the main indicators of corruption in public and municipal procurement. Based on the analysis of anticorruption legislation in the Russian Federation and the practice of its application, the author suggests possible measures to minimize corruption risks, provides practical examples of the work of public authorities and local governments aimed at combating corruption in this area.

Актуальные проблемы применения антидемпинговых мер в системе государственных (муниципальных) закупок

At present, in the context of a difficult geopolitical situation, the application of an unprecedented number of economic sanctions against Russia, the task of targeted and at the same time effective spending of budgetary funds is urgent. In this regard, the forms of administrative management and control of the system of state and municipal procurement considered in the article, in particular, anti-dumping regulation carried out in order to protect public interest, are of particular practical interest. The article presents an analysis and assessment of the applied anti-dumping measures in the Russian contract system, which made it possible to identify the problems of applying anti-dumping measures in the system of state (municipal) procurement.

Проблемы противодействия хищению бюджетных средств, выделенных на строительство автомобильных дорог

The article touches upon the problems of the field of road construction in terms of embezzlement of public funds allocated for both construction and major repairs of roads and road infrastructure.. The article considers the main signs, types of violations and crimes in this area, which are often committed during the construction of highways. The issue of criminal liability and consequences for committing crimes related to embezzlement of budget funds has been raised. The article suggests ways to solve this problem, including improving control over the use of budget funds, improving the system of state and municipal procurement, tougher penalties for crimes and other measures.

The concept and types of crimes committed by contract executors in the field of state and municipal procurement

The concept and types of crimes committed by contract executors in the field of state and municipal procurement

Exploring Ethics in South African Municipal Procurement: Professionalism, Compliance, and Ethical Dimensions Interface

Abstract The local government is close to the people who thus, heavily rely on it for basic needs, a legislative imperative enshrined in the supreme law of the Republic of South Africa, the Constitution of 1996. Its purpose is to supply goods and services and encourage the participation of citizens in the realisation of policy objectives. This paper is one-third of a three-series composition sought through a conceptual and theoretical perspective to interrogate the ethical dimensions in which the public service exists within the interface of professionalism and compliance with municipal procurement processes and procedures. While the local sphere of government is crucial in the democratization and intensification of mass participation, there has been a rise in incidents of corruption and fraud, fruitless and wasteful expenditure, and the misuse and misdirection of funds, which gradually erode public trust. This paper employed an interpretivism paradigm and a qualitative approach, and it relied on secondary data The paper found that the erosion of public trust leads to citizens violently protesting, demanding better service delivery and that service delivery is likely to decline when funds are misappropriated since municipalities rely on the procurement of goods and services to initiate public service delivery. Furthermore, the paper found while South Africa has sound, comprehensive and clear legislative policy frameworks that regulate public procurement; implementation remains a challenge.

Классификация преступлений в сфере государственных и муниципальных закупок: теоретико-правовой анализ

The article provides an analysis of the provisions of the domestic legislative framework and legal doctrine on the issues of scientific differentiation of types of illegal acts in the field of state and municipal procurement. The author's opinions and approaches are explored, criminal law statistics data for the last few years are presented, general theoretical problems on the stated topic are identified, and ways to resolve them are also outlined.

Участие граждан в осуществлении общественного контроля государственных и муниципальных закупок

nteraction between local governments and citizens, but also one of the tools to combat corruption. At the same time, with the participation of citizens in the implementation of public control of state and municipal procurement problems, arise related to the coordination of the participation of citizens in the implementation of public control of state and municipal procurement, and there is also a lack of sufficient qualifications of participants in public control. The authors of this article propose a solution to these problems.

The variety of models of terminological units of the hydraulic engineering industry and the sphere of state and municipal procurement

The relevance of the study lies in clarifying the terminological status of newly formed units and describing the variety of ways to replenish terminological systems. The subject of the study is the models of terminological units of hydraulic engineering and procurement for state and municipal needs. The aim of the work is to represent the methods of derivation in the language of hydraulic engineering, as well as to identify and classify specific terminological combinations of these industries. The conducted research also made it possible to clarify the criteria for assigning terminological names to the following classes of words: term, quasi-term, pre-term. Practical significance implies the application of the results in the compilation of databases and materials for teaching professional communication in foreign languages. The perspective of the study is a contrastive analysis of these terminological systems in two or more languages in order to clarify the translation of terminological units. The structural features of the terminological units are determined using contrastive analysis. The selection and comparison of terminological units were carried out on the basis of a solid sample of normative documents from the studied industries. The statistical analysis data demonstrated the frequency of formation of two-, three-, four-, etc. terminological names in hydraulic engineering and in the field of procurement. Practical significance implies the application of the results in the compilation of databases and materials for teaching professional communication in foreign languages. The conducted research allowed us to conclude that the accuracy of expressing the concepts of the new sphere of procurement for state and municipal needs is achieved through verbose models, the components of which are combined by an obligatory valence. The peculiarities of the hydraulic terminological system are the absence of five-, six- and seven-component models, which is largely compensated by the wealth of derivational means and is due to the "age" of this industry. The novelty of the work is determined by several factors: firstly, the terminological status of the quasi-term and pre-term is clarified, and secondly, the criterion of mandatory valence is justified to determine a verbose combination of words as a stable terminological name.

Совершенствование методов мониторинга конкуренции на рынке госзакупок

The relevance of the study is due to the high share of expenditures on state and municipal procurement in the structure of Russia’s GDP, on the one hand, and the need to improve the quality of monitoring of competition parameters in the public procurement market, on the other hand. The information systems and service solutions currently available on the IT market provide such an opportunity, which, according to the author, is not sufficiently used in the public sector at present. The purpose of the study is to substantiate the modern methodology for monitoring competition in the public procurement market, relevant to the level of scientific and technological development of computing power and infrastructure. The scientific novelty lies in the formation of a system for qualitative assessment of competition in the procurement market, based on the analysis of previously unused sections of information, allowing industry regulators to quickly receive signals about the presence of cartels and other forms of violation of competition. The problem solved in the article is aimed at improving support for procurement regulatory bodies to make management decisions regarding the ongoing territorial and sectoral policies, taking into account their material, technical and personnel support. To achieve this task, the results of previous studies of teams with the participation of the author are generalized and aggregated into a single two-level methodology, presented in the form of scientific and methodological recommendations for implementation by authorities. At the first level, the methodology can be applied by regional authorized bodies in the field of procurement and does not require special software; it is based on the use of a competition map implemented in Excel (any tabular database can be used). Second-level methods are focused on use by large analytical centers and divisions, are based on high-level visualization, and clearly “highlight” market anomalies. The introduction of such a methodology will increase the awareness of authorities about the situation in the context of regions and industries, identify or predict the occurrence of various anomalies, and improve the quality of work in countering cartel agreements.

Значение оперативно-розыскных способов выявления коррупционных преступлений в сфере госзакупок

Introduction: Economic development of the country, its security, implementation of national programmes are ensured by the state and municipal orders. Transactions involving the expenditure of significant amounts of budget funds in the sphere of public procurement constitute favourable conditions for the commitment of various corruption offences. Thus, the state takes control over them and, if necessary, take measures to suppress such crimes. Criminals use a wide range of methods. They formally comply with the rules and procedure of tendering to achieve self-interested personal goals. Identification of such dishonest customers can be done by means of control measures, both public (in the form of scheduled and unscheduled checks) and covert.
 Methods. Public control in the public procurement sphere is not enough to protect the economic interests of the country. Law enforcement intelligence, utilizing covert human intelligence sources, provides timely and efficient acquisition and the use of information being necessary to prevent, suppress and solve non-obvious, latent and covert corruption offences. The use of covert law enforcement intelligence against unlawful acts in the system of the state and municipal procurement appears to be crucial for the proper functioning of this system.
 Results. The present-day practice reveals that in order to effectively tackle corruption in public procurement, it is necessary to use a comprehensive approach involving the application of administrative legal measures and law enforcement intelligence.

СОВРЕМЕННЫЕ ПРОБЛЕМЫ ОРГАНИЗАЦИИ ГОСУДАРСТВЕННЫХ И МУНИЦИПАЛЬНЫХ ЗАКУПОК

Currently in Russia, accelerated technological development in priority areas is becoming one of the key conditions for solving long-term problems in the areas of planning and spending budget funds. The article discusses the main problems of modern state and municipal procurement, as well as the search for ways to solve them in the process of professional activity.

The application of compliance in the assessment of efficiency of public procurement in Russia

The article accepts a challenge to create the well-developed assessment system of state and municipal procurement based on actual compliance mechanisms; analyzes the gaps in legislation in connection with the lack of the concept of “efficiency of the procurement system” and generally used performance criteria, and especially focuses on criteria related to the business reputation both of the customer and supplier. Business reputation is considered as s commonly understood as an intangible asset of the procurement subject, based on its proven reliability — in this regard, the author has identified four main performance criteria, one way or another revealing this concept. As a result, a VLRA (violations, leverage, rules, audit) assessment system based on the coefficient method, as well as risk matrices and an improved method for assessing their level, including not only material, but also reputational damage from violations of mandatory requirements, is proposed. The results of the study may be used as the basis for the development of a more detailed system for assessing the effectiveness of public procurement, as well as adapted to the specific conditions of the territories.

Improving the methodology for assessing the effectiveness of State and municipal procurement

Subject. This article considers the problem of efficient budget funds spending, creation of a unified system of accounting for public procurement, and meeting the needs of society. Objectives. The article aims to develop a system of indicators that should be taken into account to assess the effectiveness of public procurement at the present stage of development of the Russian economy. Methods. For the study, we used the methods of logical and statistical analyses. Results. The article analyzes the methodology for assessing the effectiveness of public procurement developed by the Federal Antimonopoly Service of the Russian Federation. The article proposes the author-developed approach to improve the methodology mentioned. Conclusions. At present, there is a need to develop a universal approach to assess the effectiveness of State and municipal procurement.

Measuring Active Purchasing in Healthcare: Analysing Reallocations of Funds Between Providers to Evaluate Purchasing Systems Performance in the Netherlands.

Purchasing systems aim to improve resource allocation in healthcare markets. The Netherlands is characterized by four different purchasing systems: managed competition in the hospital market, a non-competitive single payer system for long-term care (LTC), municipal procurement for home care and social services, and self-procurement via personal budgets. We hypothesize that managed competition and competitive payer reforms boost reallocations of provider market share by means of active purchasing, ie, redistributing funds from high-quality providers to low-quality providers. We define a Market Activity Index (MAI) as the sum of funds reallocated between providers annually. Provider expenditures are extracted from provider financial statements between 2006 and 2019. We compare MAI in six healthcare sectors under four different purchasing systems, adjusting for reforms, and market entry/exit. Next, we perform in-depth analyses on the hospital market. Using multivariate linear regressions, we relate reallocations to selective contracting, provider quality, and market characteristics. No difference was found between reallocations in the hospital care market under managed competition and the non-competitive single payer LTC (MAI between 2% and 3%), while MAI was markedly higher under procurement by municipalities and personal budget holders (between 5% and 15%). While competitive reforms temporarily increased MAI, no structural effects were found. Relatively low hospital MAI could not be explained by market characteristics. Furthermore, the extent of selective contracting or hospital quality differences had no significant effects on reallocations of funds. Dutch managed competition and competitive purchaser reforms had no discernible effect on reallocations of funds between providers. This casts doubt on the mechanisms advocated by managed competition and active purchasing to improve allocative efficiency.

THE PROCEDURE FOR THE PARTICIPATION OF SMALL BUSINESS ENTITIES-AGRICULTURAL PRODUCERS IN THE PUBLIC PROCUREMENT PROCESS

Background. Currently, agro-industrial holdings occupy a dominant position in Russia, which creates certain imbalances both in the agricultural and processing industries of the agro-industrial sector of the economy. In this connection, it is necessary to create conditions for the full functioning of SMP-agricultural producers. For this purpose, cooperation, conclusion of contracts or participation in state and municipal procurement can be used.
 Purpose. Determination of the algorithm of participation of SMP-agricultural producers in the procurement process at the state and municipal levels. The work is theoretical in nature and is aimed at developing methodological approaches to the implementation of state and municipal purchases from agricultural producers.
 Materials and methods. The study is based on legislative and regulatory acts and, at the same time, on the opinions of various authors on the problem of the participation of SMEs in the contract system of state and municipal procurement.
 Results. In the course of the study, legislative and regulatory acts were considered in relation to procurement of various levels; an assessment of the participation of small businesses-agricultural producers in the field of public procurement was given; algorithms for the participation of this kind of entities in the procurement process were formed.
 Conclusion. As a result, various aspects and features of the participation of small businesses in public procurement were identified.

Obstacles to Evidence-Based Procurement, Implementation, and Evaluation of Health and Welfare Technologies in Swedish Municipalities: Mixed Methods Study.

Health and welfare technologies (HWTs) are interventions that aim at maintaining or promoting health, well-being, quality of life, and increasing efficiency in the service delivery system of welfare, social, and health care services, while improving the working conditions of the staff. Health and social care must be evidence-based according to national policy, but there are indications that evidence for HWT effectiveness is lacking in related Swedish municipal work processes. This study aimed to investigate whether the evidence is used when Swedish municipalities procure, implement, and evaluate HWT, and if so, the kinds of evidence and the manner of their use. The study also aimed to identify if municipalities currently receive adequate support in using evidence for HWT, and if not, what support is desired. An explanatory sequential mixed methods design was used with quantitative surveys and subsequent semistructured interviews with officials in 5 nationally designated "model" municipalities regarding HWT implementation and use. In the past 12 months, 4 of 5 municipalities had required some form of evidence during procurement processes, but the frequency of this varied and often consisted of references from other municipalities instead of other objective sources. Formulating requirements or requests for evidence during procurement was viewed as difficult, and gathered evidence was often only assessed by procurement administration personnel. In total, 2 of 5 municipalities used an established process for the implementation of HWT, and 3 of 5 had a plan for structured follow-up, but the use and dissemination of evidence within these were varying and often weakly integrated. Standardized processes for follow-up and evaluation across municipalities did not exist, and those processes used by individual municipalities were described as inadequate and difficult to follow. Most municipalities desired support for using evidence when procuring, establishing evaluation frameworks for, and following up effectiveness of HWT, while all municipalities suggested tools or methods for this kind of support. Structured use of evidence in procurement, implementation, and evaluation of HWT is inconsistent among municipalities, and internal and external dissemination of evidence for effectiveness is rare. This may establish a legacy of ineffective HWT in municipal settings. The results suggest that existing national agency guidance is not sufficient to meet current needs. New, more effective types of support to increase the use of evidence in critical phases of municipal procurement and implementation of HWT are recommended.

Система государственных закупок как один из факторов социально-экономической поддержки малого предпринимательства в России

The article considers the problem of small business participation in state and municipal procurement. Despite all the socio-economic importance, small business is not very actively involved in public procurement, although the state has recently created quite good conditions for this activity. In their work, the authors analyze the reasons why small businesses do not want to participate in the system of state and municipal procurement. In addition, based on the analysis, the authors make proposals that can help solving the problems of attracting small businesses to the public procurement system.

Issues of Legal Regulation of Expenditure of Republican Budget Funds by Public Authorities of the Republic of Abkhazia in the Framework of Harmonisation of the Legislation of the Republic of Abkhazia and the Russian Federation

The article deals with questions of legal regulation of the budgetary legislation of the Republic of Abkhazia, current legal mechanisms of formation of financial security at the state level. The author presents mechanisms for implementing the Law “On State and Municipal Procurement” within the framework of harmonization of the legislation of the Republic of Abkhazia and the Russian Federation, in order to minimize or eliminate corruption factors in the occurrence of legal relations in the acquisition of goods, works and services necessary to ensure the activities and functions of public authorities and public administration of the Republic of Abkhazia. Analysis of the legal regulation of the budgetary legislation allowed identifying the problematic issues, which are poorly reflected in the normative legal acts or have logical contradictions. Proposals for improving the legislation of the Republic of Abkhazia in the budgetary sphere are substantiated.

Municipal formations as concentrating subjects of innovation and investment activity

The article examines the problems associated with the effective application of methods of state regulation of innovation and investment activity in the municipal entity and proposes measures to ensure comprehensive socio-economic development of the city. In the course of the study, modern trends were identified and the current state of innovative activity was characterized, in particular, directions for the effective use of the financial and investment reserve of off-budget sources for the implementation of the investment policy of the municipal entity were substantiated, proposals aimed at increasing the financial potential in the system of measures to create a favorable investment climate were developed and substantiated. With regard to the new political and economic realities, it is necessary to revise the institutional foundations of state regulation of investment activities in the municipal entity. To solve these challenges, the authors offer a set of recommendations, which include priority areas of investment activity, principles of financial potential formation. We focused special attention on the non-budgetary component of the formation of the financial potential of municipal entities. A set of recommendations has been developed regarding the involvement of population savings, financial market resources, foreign investments, extrabudgetary funds, and bank loans in the investment process. A set of interrelated institutional, organizational and informational measures is presented, aimed at creating a favorable investment climate in municipal entities, including well-founded innovations in investment tax benefits, subsidizing the interest rate on investment loans, municipal procurement systems, investment insurance, which will create additional incentives for the use of the territory's financial and investment reserve.

Ob"ektivnaya storona v prestupleniyah v sfere goszakupok, ponyatie i sootnoshenie: istoricheskij i ugolovno-pravovoj aspekty

The article examines the issues of the objective side in crimes in the fi eld of state and municipal procurement of goods supplied by suppliers, services rendered and works performed for municipal and state needs of authorities in the light of the historical stages of development of Russia and its contract ordering system. Th e article reveals the actions of the Russian legislator in protecting economic relations in the country, eff ective countering crime in the sphere of state orders.