Volume 02 Issue 08-2022
1
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
08
Pages:
01-06
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The article states that the high share of public procurement in public expenditures by the author is an indicator of how
important it is to comply with the legislation in the implementation of Public Procurement, and that these
expenditures indicate the degree of social danger of illegal actions in the field of Public Procurement.
It is also concluded that the object of the content of crimes in the field of public procurement is literally directed
against the economic foundations of the state, in other words, criminal aggression undermines the economy of a
particular country. In addition, it is noted that socially dangerous acts in the field of public procurement, by their
nature, are among the crimes not only of a national, but also of an international nature and pose a threat not only to
the financial and economic stability of a single state in the context of globalization, but also to the international
community.
It is noteworthy that in the criminal legislation of the Republic of Uzbekistan there is no clear category of crimes in the
field of Public Procurement. It is determined based on the nature of the Committed Act. Although the current criminal
law does not provide for a concrete socially dangerous act related to "public procurement", but socially dangerous
acts in the field of Public Procurement exist today in society as a crime phenomenon. In this context, proposals related
to the proposal to criminalize offenses in the field of Public Procurement were analyzed.
KEYWORDS
State expenditures, state procurement, economic foundations of the state, financial and economic stability, offenses
in the field of Public Procurement, criminalization of offenses in the field of Public Procurement.
Research Article
SOME CRIMINAL LEGAL CONSIDERATIONS REGARDING CRIMES IN THE
FIELD OF PUBLIC PROCUREMENT
Submission Date:
August 08, 2022,
Accepted Date:
August 15, 2022,
Published Date:
August 23, 2022
Crossref doi:
https://doi.org/10.37547/ijlc/Volume02Issue08-01
Bobojonov Bobokhon Pulatovich
Independent researcher of Tashkent State University of Law, Tashkent, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 02 Issue 08-2022
2
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
08
Pages:
01-06
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
INTRODUCTION
One of the important indicators of public procurement
is the share of public procurement in public
expenditures. In today's economic conditions, the
strengthening of the budget deficit in world countries
creates the need to improve the public procurement
system. In the countries of the organization for
Economic Cooperation and development, the state
budget expenditures for Public Procurement in
relation to GDP are on average equal to 12% [1]. The
member countries of this organization are directed to
state procurement, which costs 43% of the state
budget.
In low-income countries, however, public procurement
is estimated at 10-15 percent compared to GDP, up to
25 percent in developing countries, and 30 percent or
higher in developed countries [2].
According to the organization for Economic
Cooperation and development, the share of public
procurement in public spending is 41.6% in Japan, 40.1%
in Korea, 35.3% in Germany, 31.7% in the UK, 25.6% in
France, 24.5% in the US. It is also established that in
order to support local enterprises in the field of public
procurement, price preferences will be given in Brazil
by 8-25%, in Mexico and Egypt-by 15%, in Malaysia-by 2.5-
10% [3]. These figures not only show how important it
is to comply with the legislation in the implementation
of public procurement, but also determine the degree
of social danger of illegal actions in the field of Public
Procurement.
Expansion of coverage of Public Procurement,
ensuring openness and transparency, digitization of
the system creates the need to improve the system of
Public Procurement, as well as to improve the system
of crime prevention in this regard.
In this regard, ensuring the openness of the public
procurement system requires targeted and targeted
use of budget funds. There are also cases of instability
of the share of public procurement in relation to
macroeconomic indicators, including gross domestic
product, the volume of budget expenditures and state
budget revenues [4].
Although socially dangerous acts in the field of Public
Procurement, which pose a threat to the financial and
economic stability of any state, are not defined as a
separate criminal structure, by carrying out its legal
analysis, one can get a clear picture of corruption
crimes committed in the field of public procurement in
a comprehensive manner.
What is public procurement itself? According to the
legislation, the process of ensuring the needs of state
customers for goods (works, services) on a paid basis
is recognized as public procurement [5].
In the criminal legislation of the Republic of
Uzbekistan, as crimes in the field of Public
Procurement, article 167 (embezzlement or robbery by
rastrata), Article 168 (fraud), Article 171 (acquisition or
transfer of property found by criminal means), Article
175 (conclusion of transactions in violation of the
interests of the Republic of Uzbekistan), Article 178
(concealment of foreign currency), Article 1841
(budget and estimate-violation of State discipline),
Article 205 (abuse of power or career authority), Article
209 (career fraud), Article 210 (bribery), Article 211
(bribery), crimes provided for in Article 212 (mediation
in receiving and issuing bribes), Article 213 (deviation of
the employee of a state div, an organization with
state participation or a citizen's self-government div
for a bribe), Article 214 (legalization of income from
Volume 02 Issue 08-2022
3
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
08
Pages:
01-06
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
criminal activity), Article 243 (illegal acquisition of
material values or property interest of a servant of a
state div, Because the actions indicated can be
committed during the implementation of public
procurement from the objective side. Crimes provided
for by Article 175 of the CC (making transactions in
violation of the interests of the Republic of
Uzbekistan),
Article 1881 (illegal activities involving funds and (or)
other property),
Article 243 (legalization of income from criminal
activity) can be committed in the field of Public
Procurement.
It should be noted that socially dangerous acts in the
field of public procurement, by their nature, are not
only among crimes of a national, but also international
nature, and in the context of globalization, pose a
threat not only to the financial and economic stability
of a single state, but also to the international
community. One of the socially dangerous acts in the
field of public procurement is clearly manifested in the
legalization of income from criminal activities.
As early as 2009, revenues from criminal activity
accounted for 3.6% of the entire world GDP, and 2.7%
(US $ 1.6 trillion) were legalized in this, according to a
statement made by the UN Office for the fight against
drugs and crime as a result of a study. According to the
information provided by the International Monetary
Fund of 2018, the total volume of legalized income
around the world can be 5-7% of the entire world GDP
[6].
A detailed analysis of its objective signs when studying
the composition of a particular crime – allows you to
draw a clear and correct conclusion about them.
Objective signs of a crime in general are understood as
the characteristics of a particular crime regarding its
object and objective side. An act worthy of criminal
punishment – an analysis of the composition of a crime
begins with the identification of the object of the
crime. "Object "is derived from the Latin word and
means" I will put against". The object of the crime, on
the other hand, expresses in itself the social relations
that are associated with the values, wealth, protected
by criminal law. The correct identification of the object
aimed at criminal aggression makes it possible to
determine the nature of the crime, the legal nature, the
degree of its social danger. The object of the crime is
one of the important and complex issues of the theory
of criminal judgment. Based on the fact that in the
definition of the concept of the object of a crime, the
issue of the nature and direction of damage caused by
an act of criminal punishment or at risk of transmission
should be taken as a basis, scientists consider the
object of the crime as: social relations, human (people),
human rights, certain social (legal) [7]. Crimes in the
field of public procurement are literally directed
against the economic foundations of the state.
In this case, the State customer is understood as a legal
entity that carries out public procurement. In the
implementation of Public Procurement, an agreement
is concluded on this right. Its content consists in an
agreement between the State customer and the
executor of Public Procurement on the establishment,
modification or cancellation of rights and obligations
on public procurement. In accordance with the law, the
subjects of public procurement are:
State customer;
Participant of shopping procedures;
Executor of Public Procurement;
Procurement Commission;
Operator of the electronic system of Public
Procurement;
Volume 02 Issue 08-2022
4
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
08
Pages:
01-06
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
Specialized organization and expert, expert
organization.
State procurement as an operator of the state
procurement electronic system of the Republican
commodity and raw materials exchange of Uzbekistan
in order to simplify the participation of customers and
suppliers in public procurement in
2021 xarid.uzex.uz a new single portal has been
introduced.
On this portal, all types of Public Procurement were
combined and a single classifier of goods and services
was introduced, reflecting all the parameters of
products. This, in turn, makes it easier to place lots on
the portal and helps to eliminate problems with the
supply of low-quality goods to customers [8].
The development of digital technologies in world
countries and the strengthening of the budget deficit
create the need to improve the public procurement
system. In the countries of the organization for
Economic Cooperation and development, the state
budget expenditures for Public Procurement in
relation to GDP are on average equal to 12%. The
member countries of this organization are directed to
state procurement, which costs 43% of the state
budget. In this regard, ensuring the openness of the
public procurement system requires targeted and
targeted use of budget funds. Scientific research is
being carried out on the legal and institutional
foundations of the world public procurement system,
procurement processes, procurement-related risk
management and accountability, coverage of public
procurement in the implementation of budget
expenditures and their publication, improving the
electronic procurement system to increase the
transparency of the public procurement system. There
are also cases of instability of the share of public
procurement in relation to macroeconomic indicators,
including gross domestic product, the volume of
budget expenditures and state budget revenues.
Today, corruption crimes in the field of public
procurement are mainly committed in the absence of
tenders, falsification of documents, the conclusion of
direct contracts and other methods.
Socially dangerous acts in the field of public
procurement of this type, by their nature, are among
the crimes not only of a national, but also of an
international nature, jeopardizing the financial and
economic stability of a single state in the context of
globalization, as well as the international community.
The criminal legislation of the Republic of Uzbekistan
does not contain a specific category of crimes in the
field of Public Procurement. It is determined based on
the nature of the Committed Act. Although the current
criminal law does not provide for a concrete socially
dangerous act related to "public procurement", but
socially dangerous acts in the field of Public
Procurement exist today in society as a crime
phenomenon.
It is known that a significant part of the crimes
committed in the field of public procurement is often
carried out by newly created firms. The practice of
using fake firms or firms registered in someone's name
for committing offenses has expanded significantly. All
e-commerce systems of public procurement in order to
improve the activities of public procurement platforms
in order to prevent such situations (dxarid.uzex.uz /
exarid.uzex.uz / shop.uzex.uz / eshop.uzex.uz /
milliydokon.uzex.uz
/
emilliydokon.uzex.uz)
suspension of activities and from January 5, 2022, all
purchases by state customers (budget and corporate)
Volume 02 Issue 08-2022
5
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
08
Pages:
01-06
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
are uniform xarid.uzex.uz it was established to be
carried out through the electronic system.
Recently, scientists conducting research on this topic
propose to criminalize violations in the field of Public
Procurement. In particular, the implementation of
public procurement by an official through the
conclusion of a contract that is not useful to the state
in advance knowingly represents objective signs of the
content of the crime provided for by the norm of
Article 175 of the Criminal Code. Also, these actions are
part of the Criminal Code
According to Article 207, a cold-blooded look at an
official, that is, a state div, an organization with the
participation of the state or a self-governing div of
citizens, may also be characterized by a large amount
of damage or serious damage to the rights of citizens
or interests protected by law, or to the interests of the
state.
In this regard, the criminalization of acts related to the
"deliberate elimination of competition at auctions" is
in accordance with the signs of objective aspects of
administrative
offenses
and
criminal
content
associated with violations of competition legislation
provided for by the Criminal Code and Code of
Administrative offences, legislation on natural
monopolies and legislation on the protection of
consumer rights.
It should also be understood that only legal entities
affiliated with the trade organizer are allowed to
participate in an effort to eliminate competition in
auctions by deliberately winning by deception, in order
to show that the competition is being held legally.
Elimination of competition can also be qualified as a
crime of abuse of career authority (Article 205 of the
JC). In this case, the technical conditions are
introduced by the official, which are developed in
advance by breaking the law into the competition
documents,
preventing
other
suppliers
from
participating, as a result of which the supplier to whom
the language is attached in advance will win the
competition sales [9].
As noted above, the proposed methods of
criminalization of violations in the field of Public
Procurement do not even correspond to the principle
of prosessual implementation of harassment, which is
the systemic and legal principle of criminalization [10].
The criminal law, which, in the essence of this principle,
establishes liability for a particular act, can be put into
practice and sufficiently effective if all the signs of the
content of the crime provided for by the law are
normally proved by the rule [11]. When making
purchases for the needs of the state, the responsibility
for each stage lies with various officials. In particular,
one official is considered responsible for placing the
procurement announcement in print and the internet,
while another is engaged in the preparation of
selection
documents
and
the
formation
of
requirements for the product being purchased. And
the conclusion of contracts for public procurement is
carried out by an official according to the decision of
the selection committee [12].
Therefore, it is difficult to prove exactly which person's
actions resulted in a "contract concluded for the state,
which did not have any known benefits in advance",
"competition in sales was eliminated" or "a state
purchase was made that led to damage." At the same
time, in the broad interpretation of the above-
mentioned options for criminalization, the possibility
of bringing to criminal liability an official who was
harmed or participated in the conduct of any public
procurement with limited competition is created.
Volume 02 Issue 08-2022
6
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
08
Pages:
01-06
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
In conclusion, it should be said that as one of the
priorities of improving criminal legislation, ensuring the
inevitability of responsibility for new types of criminal
acts, in particular, the establishment of responsibility
for crimes in the field of public procurement in
legislation and their correct implementation in practice
sharply reduce the level of lateness of crime in the
region, by combating crime, the state budget has a
significant impact to reduce costs.
REFERENCES
1.
https://www.oecd.org/governance/public-
procurement/
2.
Ponomareva O.V. Public procurement as a tool
of trade policy in developing countries//Russian
Foreign Economic Bulletin, No. 9, 2014. –p.101.
3.
https://stats.oecd.org/Index.aspx?QueryId=94
406h
4.
Atamuradov T.T. Improvement of public
procurement in Uzbekistan. Iqt. science.
doctor of Philosophy (PhD) scientific dar.
abstract of the dissertation written to obtain. -
T., 2021. - p.5.
5.
Law of the Republic of Uzbekistan "on public
procurement". National database of legislative
information, 23.04.2021., 03/21/684/0367
6.
http://www.fatf-
gafi.org/faq/moneylaundering/
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Sevryukov A.P. Embezzlement of property:
criminological and criminal-legal aspects. – M.:
Exam, 2014. – p. 107.
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https://review.uz/oz/post/2021-yilda-davlat-
xaridlarining-elektron-savdo-tizimida-1018-
mlrd-dollarlik-bitimlar-tuzilgan
9.
N.Imamav, M.Kurbanov. Some aspects of
liability for offenses in the field of Public
Procurement. Analysis of the legislation of
Uzbekistan. 2/2018 year. No. 2. pp. 29-31.
https://tsul.uz/files/pdf/uzb_qonunchiligi_tahlil
i/2018_2.pdf
10.
Guk D.V. Issues of criminal legal qualification of
the use of "one-day firms" for embezzlement
of funds // Business in law. 2013. - No. 1. – p. 52.
11.
Guk D.V. On the issue of additional
criminalization in the Criminal Code of the
Russian Federation of violations of legislation
in the implementation of public procurement //
Legal Science. 2013. No. 2. – p. 43.
12.
Sizov V.A. Problems of detection and
suppression of crimes related to illegal cash
withdrawal and the creation of "one-day firms"
// Social Sciences. Right. 2016. No. 2 (38). – p.
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