Classification of Administrative Offenses Subjectsin the Field of Public Procurement
Relevance: the issues considered in the article are determined by the need for scientific understanding of the correlation of the concepts of participants in the contract system in the field of procurement, participants in the procurement of goods, works, services by certain types of legal entities and subjects of administrative offenses in the field of public procurement (their characteristics and classification). The authors note that the legislation on the contract system and the legislation on the procurement of goods, works, and services by certain types of legal entities have a fairly wide list of procurement participants, which are not always reasonably correlated with subjects that subject to administrative responsibility for offenses in the field of public procurement. The article proposes a classification of subjects of administrative offenses, which allowed us to draw conclusions about the need to improve the norms of the Code of the Russian Federation on Administrative Offenses, which provide for administrative liability for offenses in the field of state and municipal procurement and in the field of procurement of goods, works, services by certain types of legal entities, since penalties against subjects of administrative offenses in this area are often disproportionate to the public harm caused. Problem statement: the main type of liability for violations in the field of public procurement is administrative liability, which continues to be problematic and ambiguous in law enforcement. This is due not only to the very large groups of administrative offenses and dispositions of articles that provide for administrative responsibility for violations in the field of public procurement, but also to the problem of correlating a fairly wide list of participants in public procurement with subjects that subject to administrative responsibility. The purpose of the study is to systematize the subjects of administrative offenses in the field of public procurement, identify problems in this area and develop proposals aimed at resolving them. Research methods: general scientific, private scientific and special methods of cognition, including the method of analysis and synthesis, logical, complex, system structural, functional, formal legal, statistical, classification. Results and key conclusions: the Code of Administrative Offences of the Russian Federation should provide for the differentiation of administrative penalties for public procurement offences depending on the nature and circumstances of the offence committed (taking into account the repetition (recidivism), the public danger of the offence itself, etc.); when determining the subject of an offense if there are several subjects (the persons who perform the functions of members of the commission for the procurement of goods, works, services for state and municipal needs, employees of the contract service; the persons who perform the functions of organizing and implementing procurement in accordance with the legislation of the Russian Federation in the field of procurement of goods, works, and services by certain types of legal entities, members of the procurement commission), clearly indicate the criteria for classifying the subject of legal relations in the field of public procurement as the subject of an offense subject to administrative responsibility. In addition, in order to ensure the principles of justice and proportionality of punishment for offenses in the field of public procurement, it is necessary to provide for the possibility of imposing a fine depending on the salary of the official - customer; in order to improve administrative responsibility for public procurement and implement the principle of inevitability of punishment, it is necessary under Part 10 of Article 7.30 of the Code of Administrative Offences of the Russian Federation for violation of the procedure for conducting an auction in electronic form, as well as the procedure for accreditation o