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

Abstract

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.