PUBLIC PROCUREMENT AS CORRUPT CHALLENGE Cover Image

JAVNE NABAVKE KAO KORUPTIVNI IZAZOV
PUBLIC PROCUREMENT AS CORRUPT CHALLENGE

Author(s): Mirjana Stanimirović
Subject(s): Law, Constitution, Jurisprudence, Corruption - Transparency - Anti-Corruption, Commercial Law
Published by: Sveučilište/Univerzitet "VITEZ"
Keywords: corruption; public procurement; public procurement law; misuse of public procurement procedure; the Criminal Code;

Summary/Abstract: This paper focuses on corruption in public procurement, which by its prevalence and consequences is early cancer in this area in the Republic of Serbia. The system of public ownership, "which is used as their own, and kept as others" contributed to corrupt the individual's relation to the state treasury, and the quote from the beginning of labor makes sense. Therefore, at this point be indicated fundamental shortcomings in public procurement procedures, as legislative, and institutional. From the first system of the Law on Public Procurement in 2002. year, each of the following requirements to go a step forward in the prevention of corruption in public procurement. Recent legislation in this area, adopted on January 06th 2013, enter into force April 01th 2013, and will be the most significant legislative achievement in establishing a system for the prevention of corruption. A series of legal solutions in the Penal Code of contributing to the prevention of crime in terms of abuse of authority, and the latest activity of the legislator recognized and predicted new corruption offenses, such as abuse of authority in the economy, fraud in business operations, damage to creditors, subsidy fraud and abuse in the procurement procedure. The legal entity of crime with the "misuse of public procurement procedure" will be further discussed in this paper, because I aim of this paper is to analyze the innovation normative regulation of public procurement in the Republic of Serbia, which have recently emerged, which should contribute to the prevention and combating corruption in the public sector.

  • Issue Year: 2014
  • Issue No: 5
  • Page Range: 421-437
  • Page Count: 17
  • Language: Bosnian, Croatian, Serbian