Municipal Procurement Research Articles

Современные проблемы в сфере контрактной системы государственных и муниципальных закупок

Современные проблемы в сфере контрактной системы государственных и муниципальных закупок

SOCIO-ECONOMIC SECURITY OF THE STATE: THROUGH THE PRISM OF SUBJECTIVE EVIDENCE OF THE CRIMES COMMITTED IN THE SPHERE OF PUBLIC PROCUREMENT

The article is devoted to the description of subjective signs of crimes committed in the sphere of public procurement as socially dangerous acts that infringe on the socio-economic security of the state as a whole. The relevance of the study is noted, it is indicated that the public danger of crimes committed in the field of public procurement is associated with special features of the subject who committed the crime, the concept of which is inextricably intertwined with the concept of an official. A retrospective analysis of the concept of «official». The attention is focused on the fact that the establishment of authorized persons in the Commission of corruption crimes in procurement should be based on the fact that the crimes of this category can be committed only by persons performing their functions exclusively in the performance of their powers related to the procurement. There are arguments in favor of the fact that the subjective side of crimes in the sphere of state, municipal procurement and procurement by certain types of legal entities is characterized by guilt in the form of intent in relation to the criminal act itself, a selfish motive or other personal interest, while the attitude to the consequences does not affect the qualification. It is indicated that when committing a corruption crime in the field of public procurement, the act is a violation of the rules regulated by special rules for procurement at any stage. Conclusions are drawn on the structure of the analyzedcrimes.

A review of the influence of municipal sustainable supply chain management on South Africa’s recycling performance

This paper reviews the influence of municipal sustainable chain management on South Africa’s recycling performance. In this study, municipal supply chain management systems are identified as one of the major factors that influence the lack of municipal solid waste services in communities (including recycling performance in South Africa). Through an in-depth analysis of secondary data and a meta-analysis of available data, this study examines the positive and negative reactions of supply chain management systems to sustainable and unsustainable approaches to municipal solid waste practices. The concept of sustainable supply chain management (SSCM) is used in this paper to refer to a comprehensive and efficient mechanism that integrates the municipal solid waste planning and procurement systems of the municipality. Thus, SSCM is the recommended model for addressing South Africa’s challenges in terms of services delivery, particularly the solid waste challenges, and it integrates indigenous and modern systems of waste management.

Integrating Energy Efficiency into the Municipal Procurement Process of Buildings—Whose Responsibility?

This study addresses the challenges in ensuring energy efficiency and high indoor climate quality with efficient use of public money in the municipal building procurement process. Energy efficient municipal building procurement provides a significant leverage when steering the built environment towards the low-carbon economy targets of the EU. Municipal building department professionals need more skills and knowledge to appropriately define the requirements and identify the energy efficient design options accounting for the building’s changing operational environment. This study presents how to systematically integrate energy efficiency in the municipal procurement process of buildings by presenting the list of energy efficiency factors to be included into the procurement process. This list of factors clarifies how indoor climate quality, energy use, and the life cycle economy are related through technological solutions and how the optimal compromise solution can be determined. Furthermore, this list of factors explains the responsibilities in integrating energy efficiency within the municipal building procurement process. Applied in the design of the municipal building the list of factors contributes to more informed and transparent decision-making process.

”Non-freedom” of a contract and unfair contractual terms in the practice of state and municipal procurement

The majority of contemporary studies devoted to the freedom of contract is devoted to the peculiarities of implementation of this principle in commercial relations. The article analyzes the other side of the freedom of contract — its application in state and municipal procurement. The author analyzes conclusions drawn in Resolution of the Plenum of the Supreme Court of the Russian Federation of March 14, 2014 No. 16 “On freedom of contract and its limits” on the basis of court disputes between public procurement authorities and suppliers within the framework of the Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the procurement of goods, works and services for state and municipal needs.” The paper determines the key features of the principle of freedom of contract at the stage of determining the supplier and at the stage of performance of obligations under procurement contracts. Special attention is paid to the assessment of negotiation opportunities, public procurement authorities and participants of procurement, the problem of abuse of the right by a stronger party depending on the starting conditions of the purchase and the ways of its implementation by the public procurement authority. The analysis of arguments of courts concerning interpretation of terms of procurement contracts from the point of view of freedom of contract and its limits is presented. To sum up, the author provides for practical recommendations and conclusions.

Risk-based assessment model of the state and municipal procurement system

Every year, the volumes of funding in the sphere of provision of state and municipal demand increases significantly. Achieving the effectiveness of government contracts is one of the main and “eternal” problems of public funds management. For public procurement to be effective, it is necessary to meet the needs of the relevant actors, i.e. society, the state, and the private sector. In order to make a qualitative forecast of the results of public procurement placement, the development and implementation of measures aimed at improving the public procurement system, it is necessary to assess the current situation of manifestation of risks arising from the procurement of goods, works and services for state and municipal needs. For this purpose, a risk-based model for assessing the system of state and municipal procurement has been developed, which allows disclosing the nature of the risks of the procurement cycle fully and identifying a case scenario for choosing a way to loss minimization.

On the Issue of Split of State and Municipal Procurement

On the Issue of Split of State and Municipal Procurement

ПРОБЛЕМЫ ДЕФИНИЦИЙ ПРАВОВОГО РЕГУЛИРОВАНИЯ СИСТЕМЫ ПУБЛИЧНЫХ ЗАКУПОК

Introduction: the modern system of contractual relations is full of terminology which has not yet been clearly defined. The terms “public tenders” and “procurement”, as well as other terms related to the contractual system, often lack a sound definition and features distinguishing them from each other. In addition, the Russian Federation legislation does not provide an exhaustive definition of these notions. Studies of these definitions are very diverse and far from unity, which may indicate that the system of state and municipal procurement in the Russian Federation is an integrated institution requiring a clear terminological apparatus, recognition of its legal nature, establishing specificity of the source base. Aims: study of the definitions used in the system of contractual relations for their legal consolidation in regulatory acts, as well as highlighting those terms crucial for the development of the state and municipal procurement system. Methods: comparative-legal analysis of legislation, theoretical research, systems analysis, deductive-inductive method. Results: as a result of the research, the public procurement can be defined as follows: the process of competitive and non-competitive procurement (as defined by law) procedures by state and municipal customers in the interests of society and the state. In addition, the term “state and municipal need” should be defined. The definition of “need” can be reached through the concepts of public need and state (municipal) need. At the same time, public need is the need of society for goods, work, services, which is provided by customers (including state and municipal) at the expense of the budget system of the Russian Federation. State or municipal need is the need of state and municipal customers for the goods, works, services necessary to carry out their own activities. Conclusion: on the basis of a comparative study the author’s definitions of terms used in the contractual relations system have been proposed and problems identified. The solution of the problems will influence more accurate definition of the legal nature of public procurement and, accordingly, lead to equivalence of judicial and administrative practices in the system of contractual relations.

Development of public services in the energy field in the age of digital economy

The development of the system of electronic public services, which is one of the directions of change in the digital economy, was the subject of the study in the present article. This system helps the state to interact with the population and organizations in such issues as providing information, particularly on individual requests, organizing public (municipal) procurements, in the matter of prices and tariffs in the energy sector, in providing public services and developing the feedback system (complaints institution), etc. The authors have concluded that a modern state should ensure the coherence between its citizens or business entities and institutions or public administrations on the basis of electronic access. Correct digitization of public administration contributes to the transparency of the public sector. Russia has enough prerequisites for the development of the electronic public services system, since Russia has traditionally established and maintained a high level of people’s education, and these days, the information technology sector develops rapidly. The study identified the main features of information and communication technologies and determined the impact of these technologies on the formation of a system of socio-economic relations and the institutional environment of modern society. The authors substantiated the necessity of a new technology package in Russia that will ensure the transition from analog to digital control methods in the energy industry and support the transformation of consumer behavior models, business practices of energy supply and service companies.

Modern system of state procurement in ensuring innovative development of economics

Public procurement is a category of the modern economic system. They have a great influence on the formation of the innovative potential of the country and the regions. The state has a powerful management impact due to the modern system of public procurement. The state optimizes budget expenditures, minimizes uncontrolled costs, regulates prices for socially and economically important groups of goods. Public procurement is a complex innovative system. It includes elements: planning, formation and carrying out of purchases, the conclusion of the contract, the control of fulfillment of obligations between the customer and the supplier. The procurement system unites relations between authorities, legal and private persons. The process of public procurement is complex. He constantly undergoes changes and additions. According to the current Russian legislation, the procurement of goods, works or services is divided according to the subject matter into two groups: 1) purchases carried out by government customers to ensure state and municipal needs, controlled by Federal Law No. 44-FZ of 05.04.2013, and 2) carried out by certain types of legal entities or corporate purchases, controlled by Federal Law No. 223-FZ of July 18, 2011. State and municipal procurement are a tool for effective impact on the development of the economy. They perform the most important functions: regulative, reproductive, stimulating, social, innovative. Thus, the study of the public procurement system today is a significant and relevant issue in the field of economic research.

Administrative a responsibility for offenses against orderof implementation public and municipal purchases: problems enforcement practices

The concept and classification of administrative offenses against the procedure for the implementation of state and municipal procurement, of the corresponding law enforcement practice on the example of Ulyanov-region. The interrelated interpretation of the relevant norms and the practice of their application by the Constitutional Court of the Russian Federation, the Verkhovna the Russian Federation, the Ministry of Economic Development of Russia, and the Federal Antimonopoly Service of Russia. The problem of the insignificance of administrative offenses is analyzed of the corresponding type, having a formal composition.

THE ANALYSIS OF DIFFERENCES IN DOCTORS PREFERENCES IN THE PRESCRIPTIONS OF ANTIHYPERTENSIVE DRUGS IN FOUR REGIONS OF THE FAR EASTERN FEDERAL DISTRICT

Aim. To study regional features and preferences of specialists in the choice of drug therapy of arterial hypertension in four subjects of the Far Eastern Federal District. Material and methods. Statistical data, demographic indicators, state and municipal drug procurements in Chukotka Autonomous Okrug, the Sakha Republic (Yakutia), the Magadan Region, and Kamchatka Krai were analyzed. The studied period was 2012-2016. Dynamics of the use (procurements) of five main therapeutic classes of antihypertensive drugs was studied. Results. Among β-blockers the leaders were metoprolol (from 2% to 30.8%) and bisoprolol (from 2.4% to 20.3%); in group of angiotensin converting enzyme inhibitors – enalapril (from 3.6% to 27%), lisinopril (from 4.4% to 23.9%) and perindopril (from 0.9% to 7.8%); among calcium channel blockers – amlodipine (from 5.6% to 11.3%); in group of diuretics – indapamide (from 2.5% to 13%) and spironolactone (from 3% to 12.5%), and in group of angiotensin II antagonists – losartan (from 0.4% to 15.6%). Angiotensin converting enzyme inhibitors were the most used therapeutic class of antihypertensive drugs in Chukotka Autonomous Okrug, the Magadan region and Kamchatka Krai. At the same time, β-blockers accounted for more than a half of state and municipal procurements in the Sakha Republic (Yakutia). Conclusion. It is necessary to study regional aspects and approaches to therapy to assess the extent and specificity of the implementation of research results, standards and recommendations in real clinical practice.

The Development of the Concept of Progress of Legislation in the Field of State and Municipal Procurement

The Development of the Concept of Progress of Legislation in the Field of State and Municipal Procurement

Problems of corruption and tax evasion in construction sector in Belarus

Construction sector is on of the most closed and corrupted sector in many countries. Belarus is no exception. For understanding the real situation with corruption and tax evasion in construction sector in Belarus the survey of 50 construction companies was done. According to achieved results, a large share of respondents agreed that some companies of the sector have hidden income, pay salaries in envelopes and spend some money for resolving problems with state institutions. At the same time construction enterprises that participated in tenders on municipal procurement underline many problems in this specific sphere. All these problems can be divided by administrative, economic and problems associated with the existence of corruption and the shadow economy. The most popular answers include corruption, unfair competition and imperfect legislation. On the base of international experience and the results of the survey we develop the list of recommendations for decreasing the level of corruption and tax evasion in construction sector that will support to create favorable environment for business development of the country.

Системный финансовый контроль при осуществлении государственных и муниципальных закупок

Системный финансовый контроль при осуществлении государственных и муниципальных закупок

Reducing hazardous substances in municipalities through public procurement

Municipal public procurement is one way of reducing the environmental load of hazardous substances. Turku University of Applies Sciences studied what is the status quo in the NonHazCity partner municipalities with regards to sustainable public procurement and how hazardous substances are considered in tenders. This paper presents results from interviews conducted with representatives of Gdańsk, Kaunas, Pärnu, Riga, Šilalė, Turku, Västerås, and Stockholm. Interviews were performed between April and June 2017 and any description of regulations is based on reports from interviewees. Interviewees were persons dealing with public procurement – procurement and environmental experts and in Stockholm personnel with special expertise in chemicals.

Contract institutions in the Russian economy: The sphere of state, municipal, and regulated procurement

The article synthesizes information on database analysis of state, municipal, and regulated procurement through which Russian contract institutions and the market model are investigated. The inherent uncertainty of quantity indicators on contracting activities and process is identified and explained. The article provides statistical evidence for heterogeneous market structure in state and municipal procurement, and big player’s dominance. A theoretical model for market behavior, noncooperative competition and collusion is proposed, through which the major trends are explained. The intrinsic flaws and failure of the current contracting model are revealed and described. This ineffectiveness is regarded to be not a limitation, but a challenge to be met. If responded to, drivers for economic growth and market equilibrium will be switched on.

Theory and Practice of Managing Public Procurement Based on Key Professional Competencies

The institutional development of the government and municipal procurement system in Russia is focused on creating an efficient mechanism based on qualified managers. The law declares the customer competence principle, i.e. it is understood that procurements are made by specialists with proper knowledge, skills and experience. From the point of administration and procurement management, there is the need to develop competencies of the state customer’s representatives who implement the tasks of providing the required goods and services with high quality and efficiency. Forming the competencies of procurement agencies heads is a multifaceted process due to the nature and specificity of the contract system, time constraints, and significant influence of objective factors: certain specifics of public needs, current macroeconomic state, nature of the national market, regional development, etc. Traditional requirements to the level of education, qualification and experience do not fully correspond to the tasks of organizing a rational system of government, municipal and corporate procurements. Therefore, it becomes necessary to clarify the scientifically grounded competence approach to assessing the effectiveness of managers and procurement bodies as a possible direction for improving the contract system in Russia.

Проблемы и пути повышения эффективности осуществления государственных и муниципальных закупок в субъектах Российской Федерации

Проблемы и пути повышения эффективности осуществления государственных и муниципальных закупок в субъектах Российской Федерации

Исследование, направленное на оценку результатов деятельности федеральных инновационных площадок, формирующих профессиональные компетенции в сфере государственных и муниципальных закупок

Исследование, направленное на оценку результатов деятельности федеральных инновационных площадок, формирующих профессиональные компетенции в сфере государственных и муниципальных закупок