THE LEGAL REGIME OF CORRUPTION IN PUBLIC PROCUREMENTS

Abstract

Public procurement is the process of using public funds by a public authority or organization for the purpose of obtaining an external source of resources using a tender or competitive bidding process. Its essence consists in the fact that public bodies, organizations, and enterprises that are financed by public funds (state money collected from taxpayers - individuals and legal entities) make a purchase that will satisfy their needs and prevent abuse of state money by enabling the purchase on the most favorable terms. Public procurement is concluded with a written agreement between one or more economic operators, the subject of which is the provision of goods, services, or the performance of construction works.

On the other hand, corruption as a phenomenon is present in all modern countries, regardless of tradition, state organization, and legal system. It is especially prevalent in countries in transition where basic human freedoms and rights, democracy, moral and ethical values, the financial system, and management policies have not been sufficiently or at all developed. Corruption represents the misuse of office, public powers, official duty, and position, nepotism, with the purpose of obtaining an illegal benefit for oneself or another. The term corruption comes from the Latin words "corruptio" and "rumpere". The word "corruptio" means the destruction or corruption of someone and something, and the word "rumpere" means breaking or trampling, that is, in this case, breaking the legal regulations.

Transparency, non-discrimination, fair competition, and rational, efficient, and responsible operation are among the basic principles when it comes to spending state funds. They are also a fundamental tool through which taxpayers "control" the spending of their money. Public procurement serves as a mirror for good management of public finances.