On the specifics of the objective side of criminal fraud in the field of procurement of goods, works and services for state and municipal needs

Gudkov Anton Pavlovich

Fraud in the procurement of goods, works, services for state and municipal needs (public procurements) has a specific character that manifests itself in all elements of a crime. This article proposes to consider the features of the objective side of this crime. Analysis of the theoretical works and judicial practice revealed three main features of the objective side of the fraud in the field of public procurement. Firstly, there is a great variety of actions to create conditions for committing a crime: collusion between procurement participants and procurement organizers, violations in the preparation of procurement documentation, formation of a contract with an inflated initial (maximum) price, etc. The second and main feature is to simulate the delivery of goods, the performance of work or the provision of services; the supply of goods, the performance of work or the provision of the services at an inflated cost, or the supply of cheaper goods, the performance of cheaper work or the provision of cheaper services. The third feature is related to the precise definition of the moment when the crime ends, since in some cases the theft is accompanied by various actions aimed at disguising the crime committed. The revealed features of the objective side of the considered crime allow us to understand its specifics, which has theoretical and practical significance.

Keywords:fraud, state (municipal) procurement, objective side, collusion, supply, tender, overpriced, falsification of documents, contract, budget.