预防公共采购领域腐败的公共行政机制

Oleksandr Shevchenko, Oleksandr Koliada
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引用次数: 0

摘要

腐败作为一种现象,发生在公共权力系统中。其根源在于公共管理效率低下。腐败现象的危险在于违反法律规范,并导致对乌克兰建立民主、社会和法律秩序的能力产生不信任。为此,作者研究了旨在打击经济领域(即公共采购领域)腐败的公共行政机制。文章探讨了滥用国家权力谋取私利的问题,这些问题导致无法在乌克兰建立民主、社会和法律秩序。文章证实,由于国家采购货物、工程和服务的资金数额巨大,该领域为腐败违法和滥用权力创造了有利条件。据指出,根据对 2015 年公共采购系统运行情况的分析,反垄断委员会发现了该领域的大量违法行为,需要公共管理部门做出系统性决定。报告显示,为了克服公共采购领域的腐败问题,乌克兰更新了立法,旨在改善控制机制,确保招标的透明度,以及实施有效的反腐败措施。据强调,Prozorro 系统在打击腐败和确保公共采购透明度方面发挥了关键作用。有助于减少乌克兰腐败的方法有:采用电子拍卖;减少对交易规则解释的人为干预;能够实时观察采购过程。得出的结论是,如今公共采购制度的改革包括确保履行乌克兰在这一领域的国际义务,使立法与欧洲和国际标准相适应,在 Prozorro 框架内引入电子拍卖系统大大提高了交易的效率和诚信度,有助于减少腐败。
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PUBLIC ADMINISTRATION MECHANISMS FOR THE PREVENTION OF CORRUPTION IN THE SPHERE OF PUBLIC PROCUREMENTS
Corruption, as a phenomenon, takes place in the system of public authorities. Its rooting is caused by the low efficiency of public administration. The danger of such a phenomenon as corruption lies in the violation of legal norms and leads to a feeling of distrust in Ukraine's ability to create a democratic, social and legal order. In this regard, the authors studied the mechanisms of public administration aimed at combating corruption in the economic sphere, namely in the area of public procurement. The article examines the problems of abuse of state power for personal gain, which make it impossible to create a democratic, social and legal order in Ukraine. The thesis is substantiated that due to the large amounts of funds associated with state procurement of goods, works and services, this sphere creates favorable conditions for corruption violations and abuses. It is noted that according to the analysis of the functioning of the public procurement system in 2015, the Antimonopoly Committee revealed a large number of violations of legislation in this area, which required systemic decisions in public administration. It is shown that in order to overcome corruption in the field of public procurement, legislation was updated in Ukraine aimed at improving control mechanisms, ensuring the transparency of bidding, as well as implementing effective anti-corruption measures. It was emphasized that the Prozorro system played a key role in the fight against corruption and ensuring transparency in public procurement. The methods that contributed to the reduction of corruption in Ukraine are: introduction of an electronic auction; reduction of human intervention in the interpretation of trading rules; the ability to observe the procurement process in real time. It was concluded that today the reform of the public procurement system consists in ensuring the fulfillment of Ukraine's international obligations in this area by adapting the legislation to European and international standards, and the introduction of the electronic auction system within the framework of Prozorro has significantly improved the efficiency and honesty in conducting trades, contributing to the reduction corruption.
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