Military Review

Destroy corruption in the bud

36
"Kickbacks" occur already at the stage of formation of the state order


The emergence of corrupt relations in the defense industry is possible at all stages of the procurement cycle, and the fight against this evil must begin at the stage of formation of the state defense order. At present, the main components of corruption arise precisely in the course of planning the procurement of goods, works, services in the economic justification of the needs of the state and the calculation of the initial price of contracts.

At the planning stage of public procurement, as a rule, the actual acts of corruption, that is, unlawful self-serving actions (inaction), have not yet taken place, and only the necessary conditions for their commission are created. An exception may be cases of bribing officials involved in planning public procurement for providing insider (from the inside. Inside) information. Bribes can be offered for the opportunity to get acquainted in advance with the plans and schedules of procurement, especially in that part which is not subject to public disclosure, as well as the content of the forthcoming competitive (auction) documentation, with the technical characteristics of the planned to purchase products, with technical specifications for the work , service. Potential public procurement participants are always interested in receiving information on planned procurement as early as possible so that they can prepare for it before official publication of tender notices, thereby obtaining a competitive advantage over other procurement participants. Information of this kind is expensive and many business representatives are willing to pay a lot of money for it. Hence the corruption.

Pricing for public procurement pricing

According to the Head of the Anti-Corruption Enforcement Administration Directorate of the General Prosecutor's Office of the Russian Federation, Alexander Anikin, the lack of a clear regulatory framework for determining the procedure for establishing the initial (maximum) contract price leads to the establishment of such a price not based on a study of the market budget. financing, which entails the conclusion of contracts at inflated prices, on extremely unfavorable conditions for the state and with çäàåò prerequisites for the so-called kickbacks.

The absence of a regulatory settlement of pricing issues for OPK products creates corruption risks in the activities of government customers. It is primarily about the formation of the initial (maximum) price of the state contract. Violations related to the signing by officials of additional agreements to state contracts on changing their conditions and value are common. As a result, according to the data of the Accounts Chamber of the Russian Federation, the effectiveness of the tenders conducted for the procurement of VVST remains low. From 2007, the level of reduction of the initial contract price does not exceed three percent, while in world practice this value is within 15 – 20 percent.

It should be noted that the inconsistency of the considered sphere is predetermined by the nature and essence of market relations - the manufacturer (supplier) of goods, the contractor always seek to sell their products, the results of labor are more expensive, and the buyer - to purchase these goods, works, services at the lowest possible price ( taking into account their quality).

In accordance with Article 22 of the Federal Law 5 of April 2013 No. 44-ФЗ “On the contract system in the field of procurement, goods, works, services for state and municipal needs” (hereinafter the Law on the contract system), there are five main methods for determining the price of a state contract . Analysis of these methods and the study of law enforcement in public procurement, including judicial practice, allow us to formulate a forecast of the occurrence of corruption risks in their application.

According to the Law on the Contract System, the method of comparable market prices (market analysis) is a priority for determining and justifying a contract price. However, in its practical application, there may be a number of serious problems. Thus, the law does not provide for the prices of how many potential bidders to take into account when calculating the initial (maximum) contract value, which of them should be used when determining the initial (maximum) contract price: the average value of all prices collected by the customer, the minimum / maximum of all or other, which information should be specified in the documentation on the auction or in the notice of the request for quotations as sources of price information.

Destroy corruption in the bud

The obvious corruption-related nature is the norm provided for by Part 12 Art. 12 of the Law on the Contract System, according to which in case of impossibility of applying the methods listed above, the customer is granted the right to use other methods. In this case, the customer must justify the impossibility of their use.

These rules provide the customer with a wide field of action at their discretion, because the law does not specify what is meant by "other methods for determining the initial (maximum) price of the contract," and does not specify how the customer should "justify the impossibility" of applying the methods established by law . In this regard, situations are quite real when an unscrupulous customer, taking advantage of these very uncertain norms, will independently, for the sake of personal vested interests, determine the initial prices of goods, works and services purchased, including the costs of the expected “rollback”.

In the scientific literature there is another serious problem of pricing arising from the practice of holding auctions, which implies a change in the price of the purchase in the direction of its decline. Usually, auctions are focused on market products with a market price, that is, the customer is forced to set an initial price at which the auction is to take place. This becomes possible only in the case of an overpriced initial price, since the auction will not take place when a fair price is appointed - there will be no game for a fall, and if the price is undervalued, no applications will be received. As a result, an auction leads to an overspending of public funds, and an overestimated contract price in turn creates conditions for the formation of “kickbacks”.

Art of formation of tender documentation

The corruption risks of the stage of formation of the tender (auction) documentation lie in the fact that the customer, realizing the unlawful intent for the particular organization to become the winner of the tender (auction), can set out the requirements of the tender documentation in such a way that the “necessary” organization against the background of other procurement participants looked the most profitable. Here can be used as the formulation of specific requirements for the procurement participants, and the establishment of requirements for the subject of procurement. It is not excluded the use of banal bribery: with a bribe, you can force an official to determine the conditions of the tender so that the company-bribe-giver is the only candidate who fully meets all the requirements.

The “sharpening” of the tender (auction) documentation for a particular procurement participant may manifest itself in the following.

First, in the form of a direct departure from the requirements of Article 31 of the Law on the Contract System, which contains the requirements for the procurement participants. For example, in violation of the item 7 of this article, which determines that such requirements apply equally to all procurement participants, the customer may establish unjustified exceptions to the general rules for a certain category of legal entities and individual entrepreneurs. Violation of the law by the customer can also result in the establishment of requirements for procurement participants that are not provided for by the legislation (for example, the procurement participant must have experience in executing government contracts concluded with this customer). It is also unacceptable to establish the requirement for the availability of a license for repair of VVST when placing orders for their delivery, for making a request for a license for unlicensed activities.

Secondly, by subjective interpretation by the customer of the rules for describing the object of purchase stipulated in Article 33 of the Law on the Contract System, especially since this article contains language that has a broad, ambiguous interpretation (for example, “if necessary”, “if possible”, “ description of the object of purchase may include "and others.). Using the above ambiguous formulations, the customer, on external legal grounds, can formulate a description of the subject of the procurement in such a way that it will completely coincide with the product that only the “right” supplier has. This, in turn, will allow him to reduce the delivery time and price in the submitted application and thereby claim to be recognized as the winner of competitive procedures.

Thirdly, by establishing unrealistic or difficult deadlines for the fulfillment of obligations under a government contract. This kind of notice of placing orders with unrealistic deadlines most often occur at the end of the calendar year, when the customer tries to explain the tight deadlines by the need to “close” government contracts and absorb the allocated budget funds in the current fiscal year. According to Andrei Khramkin, a well-known specialist in the field of public procurement, placing an order in an emergency at the end of the year implies an urgent acceptance of low-quality products under a large “rollback”.

Another variant of the corruptogenicity of the tender documentation, associated with the establishment of obviously unrealistic deadlines for the execution of a state contract, may be the situation when the customer expects to impose his “help” on the winner of the competition by providing him with the results of the work already done, which the contractor must pass for allegedly done.

A considerable field of corruption is created by the deliberate distortion of the contents of the tender (auction) documentation, including those of a purely technical nature. Thus, at the round table of the Open Government Working Group on improving the procurement process that took place on 30 this May, it was noted that tricks such as using Latin letters, typos and errors, lack of keywords, replacing letters with similar numbers, use dashes in the root of the word, separation of letters by spaces. Of the 3,9 million analyzed procurement notices, 12 500 cases were found to be distorted. The result of this kind of technical shortcomings of the tender documentation, together with other violations, was that, according to experts, the potential damage from violations in the field of public procurement conducted in 2012 was 874 million rubles.

Thus, at the stage of the formation of a state order for the supply of goods, the performance of work, and the provision of services for defense and military security, there are many prerequisites for both regulatory and organizational nature for the emergence of corrupt relations. Minimizing these prerequisites will significantly prevent the occurrence of corruption in the subsequent stages of procurement.
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  1. rks5317
    rks5317 4 September 2013 21: 09 New
    +1
    To do this, you need to start with whom ...
    1. Brave
      Brave 4 September 2013 21: 36 New
      +8
      You need to start with yourself, to be an honest and decent person, and to benefit the state in the area of ​​activity that is entrusted.
    2. Apollo
      Apollo 4 September 2013 21: 44 New
      +3
      quote-Thus, at the stage of formation of the state order for the supply of goods, performance of work, and the provision of services for the needs of defense and military security, there are many prerequisites of both a regulatory and organizational nature for corruption.

      The question is why, because there are very few qualified specialists (deputies) in the State Duma. In my opinion, there should be more. The question is, why did so many athletes and artists slip into the deputies?! A couple of deputies from among them would be enough. Actually, there’s no extra in the legislative there’s a lot of authority in the country. What they do, they sleep, chew, read the press, or even walk on phones on the Internet, when this happens, some come up with absurd legislative initiatives, like the ones that I see in the picture.
      1. neri73-r
        neri73-r 4 September 2013 22: 16 New
        +6
        The question is, why did so many athletes and artists slip into the deputy corps ?!


        In order to vote as it should top and do not think (because they do not understand, there is no education) in principle! That is, an analogue of a controlled crowd!
    3. Ingvar 72
      Ingvar 72 4 September 2013 21: 58 New
      +2
      Quote: rks5317
      To do this, you need to start with whom ...

      And what, I would start with Chubais.
      1. sergaivenski
        sergaivenski 5 September 2013 05: 01 New
        +2
        Good morning !!! Nobody will ever surrender Mr. ABCh !!! At one time, the LDPR leader shouted from the rostrum of the State Duma: “Get Chubais off, he annoys the whole country!” The next elections to the State Duma (speaking room) came up, there were a lot of shortcomings that allowed remove the Liberal Democratic Party from the elections. In a fire order was created (for a short time!)
        Zhirinovsky’s block! And the Ministry of Justice issued a certificate of registration. And Mr. Veshnyakov, the chairman of the Central Executive Committee, had to give in. Mr. Zhirinovsky learned a lesson and more from the rostrum of the State Duma didn’t yell at the ABCh !!! By the way, under the Soviet regime, ABCh was selling flowers !!!
  2. forester
    forester 4 September 2013 21: 36 New
    +3
    the author has not discovered anything new; no one will chop the branch on which he sits
    1. Ingvar 72
      Ingvar 72 4 September 2013 22: 00 New
      +9
      Quote: forester
      the author has not discovered anything new; no one will chop the branch on which he sits

      You need to chop those bitches that sit on it.
      1. forester
        forester 4 September 2013 23: 29 New
        +1
        agree
        Quote: Ingvar 72
        Quote: forester
        the author has not discovered anything new; no one will chop the branch on which he sits

        You need to chop those bitches that sit on it.

        I agree to all 100%
  3. Gerasim
    Gerasim 4 September 2013 21: 37 New
    +9
    Today, at a meeting with reporters, Putin, referring to the issue of Navalny and his fight against corruption, said: "Before you declare the fight against corruption, or fight it, you yourself need to be crystal clear!"
    Now I understand why our government can not overcome corruption!
    1. Mature naturalist
      Mature naturalist 4 September 2013 22: 16 New
      +1
      Quote: Gerasim
      Before you declare the fight against corruption or fight it, you yourself need to be crystal clear!

      This phrase can be put in second place after the immortal: "They wanted the best, it turned out, as always."
  4. Shumka
    Shumka 4 September 2013 21: 46 New
    +6
    I’ll tell you how to buy, sellers must be beaten first.
    Explaining, for example, a new product must be purchased, we are looking for, we find, the price is within the framework of the `` reasonable '', we say come on! terms ...
    time passes, they say thank you! - but your interest was laid in the price, get ...... the weak break .... and get used to it.
    act as a supplier. the price is just sweetie .... customer .... the price is super! screw so much ... the difference to me.
    this woodpecker is one of the '' foods '' of complementary foods.
    Of course, not all of them are, but it’s a shame to people like throwing a bone, and then they will at least give a mom about it.
    ps.
    I cross out such companies at all times.
  5. My address
    My address 4 September 2013 21: 47 New
    +2
    First you need to start fighting. And stop talking about the complexity of the struggle, about the achievements in the fight. Our tandem did not start to fight.

    GDP has repeatedly defended high pay to high officials as a method of averting these officials from corruption. And How? Turn away? Or are they just a little stealing, but they put the belly on the altar of the fatherland and the economy rushing forward?

    GDP has repeatedly advocated a flat scale of tax on individuals. 13% for locksmith and oligarch. But, they say, the oligarch will not deceive the state, will not steal by concealing profits and other tricks. And How? Maybe even stopped withdrawing money from the country legally and illegally?

    I look at our tandem and I do not understand, that they: a) do not understand anything; b) do not want to understand; c) everyone understand?
    1. My address
      My address 4 September 2013 22: 18 New
      0
      Addition.

      In 90's, they began to steal non-ferrous metals and climb cabinets in the locker room. He issued a decree proposing to inform me of an encroachment on any personal trifle; for valuable spare parts, tools, etc. For the cause - a premium from 25 to 50% of the transaction. For hiding, if I find out, a nuisance. Introduced additional dressing room detours, control and isolation of valuable. He explained to the managers that I would drive out in disgrace for the trifle for which the worker would only deprive him of the premium. And that's it! Nobody came up to me! Theft is like a cut off. Of course, behind my back was a good enterprise security service and childhood in a hooligan district. Yes, and in the shop earned good money, though often delayed payment. But I didn’t do any miracles, but they stopped stealing.
    2. sergaivenski
      sergaivenski 5 September 2013 05: 08 New
      +3
      The tandem “occupying” the Kremlin understands everything perfectly, only they pretend to be misunderstood !!! It’s easier !!! It’s calmer for them !!! “Marshal Taburetkin” why did he sit in the warm chair of the Minister of Defense? the hand right there, like a pawn in a chess game, contributed to the departure of “Marshal Taburetkin” !!!
  6. Nikaviz
    Nikaviz 4 September 2013 21: 58 New
    +2
    Until the state’s PRAGUE is put to the wall - Ryzhiy and Tuboretkin with his harem ... and the NOODLES will grow the people further
    1. Gerasim
      Gerasim 4 September 2013 22: 15 New
      +7
      Under Peter I, one Menshikov stole so much that with this money one could buy a rope long from the earth to Mars !!!
      1. sergaivenski
        sergaivenski 5 September 2013 05: 15 New
        +1
        Yes !!! But it’s worth noting: Tsar Peter the First entrusted Prince Menshikov with the most sensitive, most dangerous tasks !!! And the Menshikov never failed Tsar Peter !!! "
        "Ours" are corrupt officials about the country, RUSSIA, people who inhabit the country, they don’t think at all !!! To tear more, topple away from the country, that’s all their thoughts !!!
  7. serge-68-68
    serge-68-68 4 September 2013 21: 59 New
    +5
    And in the PRC during interrogation, a corrupt official drowned ... Oh, trouble, trouble, grief ...
    1. Ingvar 72
      Ingvar 72 4 September 2013 22: 06 New
      +3
      In China, the vice mayor of Beijing was shot. Too bad though.
  8. Mature naturalist
    Mature naturalist 4 September 2013 22: 12 New
    +4
    It is possible to reduce the level of corruption only on condition of confiscation. But our deputies will never accept it, so everything will remain the same.
    1. sergaivenski
      sergaivenski 5 September 2013 05: 20 New
      +2
      Gentlemen, "who have occupied the State Duma, are head over heels in shit, so they, the" people's representatives ", have canceled the institution of confiscation of property !!! Why chop the branch on which you sit ???
    2. Garrin
      Garrin 5 September 2013 06: 49 New
      +1
      Quote: Mature Naturalist
      It is possible to reduce the level of corruption only on condition of confiscation. But our deputies will never accept it, so everything will remain the same.

      While GDP with DAM will not give the go-ahead, they will not accept for anything. And they will not give.
  9. Siberian
    Siberian 4 September 2013 22: 20 New
    +3
    Destroy corruption in the bud

    Yeah! If the anti-corruption fighters begin to fight this, first of all they must shoot and squander each other. This is even clear to the child.
  10. Siberian
    Siberian 4 September 2013 22: 35 New
    +4
    Quote: Ingvar 72
    In China, the vice mayor of Beijing was shot. Too bad though.
    Well, this is in China ... they have a population of + - MILLION executed, it does not matter, only breathing easier. But we need to develop mines and new rigs. That would be where these corrupt officials come in handy (for the "Dosherak" noodles), for the good of the Motherland. good
  11. chehywed
    chehywed 4 September 2013 23: 07 New
    +1
    This - should not be, this - should not be, and this - should not be, but it should be this, this and that. What everyone should not know what should not be, everyone knows what should be. How to translate "this should not be" to "it should be" - no one knows.

    Mikhail Zhvanetsky, 80 ... and maybe earlier.
  12. Yarosvet
    Yarosvet 4 September 2013 23: 31 New
    +3
    Yeah - destroy in the bud laughing
  13. alexander 2
    alexander 2 5 September 2013 00: 21 New
    +4
    I do not understand how they will fight with themselves?
  14. alexander 2
    alexander 2 5 September 2013 00: 21 New
    0
    I do not understand how they will fight with themselves?
  15. NUT
    NUT 5 September 2013 01: 15 New
    +4
    And yet, it’s much easier for us: If you take any of our officials and put him in prison for 10 years with the wording: “You know what for,” then each of them will know why ...
  16. NUT
    NUT 5 September 2013 01: 46 New
    +1
    "And Vaska listens and eats ..."
    I.A. Krylov. Fables. Cat and Cook

  17. Russkiy_Prapor
    Russkiy_Prapor 5 September 2013 02: 22 New
    +6
    The whole fight against corruption is actually nothing more than inter-clan wars for influence and for the fattest pieces. And people are shown show trials of the losers. In essence, we are fed shit, and impudently and in a very primitive form.
  18. studentmati
    studentmati 5 September 2013 02: 59 New
    +2
    The emergence of corruption in the defense industry is possible at all stages of the procurement cycle, and the fight against this evil must be started already at the stage of formation of the state defense order.

    It is necessary to start work with a nursery, and first of all with yourself.
  19. maxiban
    maxiban 5 September 2013 03: 09 New
    +3
    The strange title of the article. This is not a fetus, it is a fully formed organism in the prime of life.
  20. maxiban
    maxiban 5 September 2013 03: 09 New
    0
    The strange title of the article. This is not a fetus, it is a fully formed organism in the prime of life.
  21. horoh
    horoh 5 September 2013 05: 25 New
    +2
    Without tough actions corruption cannot be destroyed, this applies not only to laws, but also to people's attitudes to their direct duties.
  22. Oskar
    Oskar 5 September 2013 05: 48 New
    +2
    People who passed in the 90s and subsequent years, the "corridors of power" must be swept out of the Kremlin by a filthy broom! And on a cannon shot to prevent power. Let the forest be cut Worms! They are all lepers of corruption!
  23. andrei332809
    andrei332809 5 September 2013 06: 07 New
    +1
    when a corruption official fights corruption, it sounds at least strange
  24. michajlo
    michajlo 5 September 2013 13: 15 New
    +1
    Quote: Bold
    You need to start with yourself, to be an honest and decent person, and to benefit the state in the area of ​​activity that is entrusted.

    Quote: My address
    First you need to start fighting. And stop talking about the complexity of the struggle, about the achievements in the fight. Our tandem did not start to fight.

    GDP has repeatedly defended high pay to high officials as a method of averting these officials from corruption. And How? Turn away? Or are they just a little stealing, but they put the belly on the altar of the fatherland and the economy rushing forward?

    GDP has repeatedly advocated a flat scale of tax on individuals. 13% for locksmith and oligarch. But, they say, the oligarch will not deceive the state, will not steal by concealing profits and other tricks. And How? Maybe even stopped withdrawing money from the country legally and illegally?

    I look at our tandem and I do not understand, that they: a) do not understand anything; b) do not want to understand; c) everyone understand?

    Quote: Mature Naturalist
    It is possible to reduce the level of corruption only on condition of confiscation. But our deputies will never accept it, so everything will remain the same.

    Quote: Siberian
    Destroy corruption in the bud

    Yeah! If the anti-corruption fighters begin to fight this, first of all they must shoot and squander each other. This is even clear to the child.

    Quote: andrei332809
    when a corruption official fights corruption, it sounds at least strange

    Good day to all!
  25. mithridate
    mithridate 10 September 2013 15: 53 New
    0
    It is useless to fight corruption. The country is mired in this swamp. The case of Serdyukov is very revealing - it is clear that the raven will not peck out the crow. Political will is needed, but it is not