EVENT AND COMPOSITION OF AN ADMINISTRATIVE OFFENSE: DIFFERENCE OF DEFINITIONS ON THE EXAMPLE OF LIABILITY FOR VIOLATIONS WHEN CHOOSING A PROCUREMENT METHOD

• 發表在: Гуманитарные и юридические исследования
• 主要作者: G. Dobretsov
• 格式: Article
• 語言: 俄语
• 出版: North-Caucasus Federal University 2021-11-01
• 主題: event of an administrative offense; composition of an administrative offense
• 在線閱讀: https://humanitieslaw.ncfu.ru/jour/article/view/1075

The purpose of the work is to formulate a differencein the legal consequences of termination of proceedingsin the case of an administrative offense on the groundsof «absence of an event of an offense» and «absence ofan offense». The objectives of the study are to analyze the similarities and differences of these definitions on the example of responsibility for violations of the legislation on the contract system when choosing a procurement method and to justify the importance of their correct application in the administrative process. The paper applies general scientific methods of research comparison and analysis and the method of expert assessments. The author uses examples of administrative and judicial practice to consider law enforcement practice for assessingthe presence or absence of an event and composition of an administrative offense in specific cases. For the first time in the conditions of adoption of the optimization package of changes to the contract system in the field of procurement, the issue of liability for violations when choosing a method for determining the supplier (executor, contractor) is considered. The relevance of the work lies in the fact that the procurement legislation regularly changes, mainly in the direction of liberalization, and the norms of the Code of Administrative Offenses with «tough» sanctions are stable, in connection with which there is a need to analyze practice and develop recommendations to prevent possible errors. At the same time, it is necessary to take into account the inconsistency of law enforcement practice on this topic. The work can be useful to officials of state and municipal customers, an employee of control bodies, students of law schools, as well as anyone interested in the administrative process.Digitalization of procurement poses new requirements for determining the areas of responsibility of officials for various procurement procedures within the contract system. Recommendations are given on the prevention of violations for which administrative responsibility can be applied, including through the development of local legal acts, as well as officials brought to administrative responsibility for violations when choosing a method of procurement of goods, works, services for state and municipal needs on ways and methods of legal protection. The Reference Legal System ConsultantPlus is used in the work