The Subjective Side Of Criminal Offenses In The Field Of Public Procurement

Abstract

In this article, the author analyzes the subjective side of criminal offenses related to public procurement. It is determined that the state is the victim of a criminal offense, because it is it that does not get the result it expected when allocating budget funds. First of all, the reputation of the state itself, its state institutions is lost, the level of public distrust in public authorities increases, and so on. With this in mind, the guilt of the subjects of criminal offenses related to public procurement lies in the form of intent. The article proves that the guilt of criminal offenses in the field of public procurement is characterized by the fact that individuals commit such acts quite consciously, but often do not fully or partially admit their guilt. For the most part, the guilt of the investigated criminal offenses takes the form of direct intent, and can sometimes be combined with a selfish motive.

The purpose of a criminal offense in the field of public procurement is manifested in the desire of the perpetrator to achieve certain harmful consequences. Purpose, as well as motive, is an optional feature of the subjective side of the criminal offense. The peculiarity of the purpose, as a sign of the composition of a criminal offense, is that such criminal offenses, which are committed for a specific purpose, are committed exclusively with intent.

The purpose of a person who commits a criminal act in the field of public procurement as enrichment can be different - both specified (obtaining a specific desired property) and blurred (to improve their unsatisfactory financial situation, etc.). The purpose of committing such criminal offenses may be obvious or hidden. Thus, we can conclude that the purpose of the criminal offenses we investigate clearly follows from the nature of the act.