CRIMINAL LIABILITY FOR BREACH OF PUBLIC PROCUREMENT LEGISLATION – PROPOSAL FOR LEGAL FERENDA

Cristina CHIHAI Universitatea de Stat din Moldova

Аннотация

By means of this scientific article, we aim to deepen and solve the dilemmas concerning the involvement of different forms of legal liability for the act of violating the public procurement legislation, implicitly in defining and recommending concrete measures to improve the regulatory framework in the field and the veritable and unitary application by the law enforcement bodies of the given legislation. As a result, globally, we find that the existence of an appropriate regulatory framework ensures the achievement of a stable and fair financial, fiscal and economic policy. A fortiori, in order to ensure the organization and the unfolding of public procurement under conditions of legality and fairness, it is necessary to adopt strictly the criminal norm that will assume responsibility for the given deed, the proper functioning of the system and the fight against crime in this area, proportionally, depend on the effective adoption and enforcement of organizational and punitive norms, especially legal-criminal norms. Per a contrario, regrettably, we find that this mechanism is currently lacking, and in the Criminal Code of the Republic of Moldova there is no criminal norm that would directly criminalize the act of violating the legislation on the public procurement procedure.
Keywords: public procurement, the public procurement contract, economic operator, contracting authority, contra-ventional liability, criminal offense.