CONFLICT OF INTEREST IN PROCUREMENT: UNITY OR CONTRADICTION OF NORMS?

Ivanova A.N.

Tomsk IPKR of the FPS of Russia (Tomsk, Russia), Chief of the Department of execution of punishments not connected with deprivation of liberty and legal support of activity of criminally-executive system, Candidate of Law.

Annotation:

Having one of the objectives of the contract system in the field of procurement of goods, works, services to ensure state and municipal needs to combat corruption, the legislation contains special mechanisms for resolving or preventing conflicts of interest in this area. Their close analysis allows us to conclude that, despite the attempts being made to protect the purchase from the influence of interested parties on it, both on the part of the customer and on the part of suppliers (contractors, performers), a clear mechanism of action of the customer’s officials has not been developed at present in case of receipt of an application entailing a conflict of interests. In order to maintain a balance of interests in this case, it is necessary to clarify a number of norms of 44-FZ concerning the grounds for recognizing an application that does not comply with the requirements of the law and notification of procurement. The exclusion of an interested person from the procurement commission is a sufficient way to resolve a conflict of interest and should not lead to the rejection of the application in the future on this basis.

Keywords:

corruption; conflict of interests; procurement; procurement commission; anti-corruption.