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Bombitskiy A.M. Theoretical aspects of the reasons for administrative liability for the violation of legislation on the contract system in the sphere of public procurement

Abstract: The subject of the research is the range of legal and organizational problems of administrative liability application in the cases of violation of the legislation on the contract system in the sphere of public procurement. The author carries out the theoretical and legal analysis of the concepts of administrative liability. The paper presents the author’s positions on the concept of administrative offence in the sphere of public procurement. The main attention is paid to the development of methods and methodology of administrative-legal regulation of liability in administrative law. The methodology of the research comprises the recent achievements of epistemology. The author applies the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical), and the methods of special sociological research (the statistical methods, expert assessments, etc.). The author concludes that recently, in order to ensure legality in the sphere of public procurement, it is necessary to enhance the forms and methods of administrative-legal regulation of this sphere. The main contribution of the author is the conclusion about the necessity to develop administrative-legal regulation of liability in the sphere of public procurement. The novelty of the research lies in the proposals about the development of forms and methods of government regulation of administrative liability and the creation of legal and organizational guarantees of legality in the sphere of public procurement.


Keywords:

auction, needs, state, purchase, contract, liability, offence, composition, competition, work


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