For giving a knowingly false expert opinion in the field of public procurement, it is suggested to punish
The Government of the Russian Federation has taken the initiative to establish a rule according to which the results of the examination conducted by an expert or an expert organization in the framework of the Federal Law No. 44-FZ of April 5, 2013 "On the contract system in the procurement of goods, works, services to ensure state and municipal needs ", are drawn up in the form of a conclusion, which is signed by an expert, an authorized representative of an expert organization. It is supposed that it should be objective, reasonable and comply with Russian legislation.
Another bill of the Cabinet is planned to establish administrative responsibility for a deliberately false expert opinion in the field of public procurements and supplement the Administrative Code of the new art. 7.32.6.
According to another draft of the government, criminal responsibility will come if the giving of a knowingly false expert opinion in the field of public procurement causes major damage (in the amount of more than 2.25 million rubles), but if the damage from false imprisonment is less, then it is suggested that administrative punishment be imposed.
As the government explains, innovations are necessary due to the fact that the provision of knowingly false expert opinion facilitates the commission of other, more dangerous acts, in particular, theft in the implementation of public procurement. In addition, such actions may harm the life and health of citizens, especially if the subject of examination are medicines.
Documentation:
Bill No. 495972-7 "On Amendments to Articles 41 and 94 of the Federal Law" On the Contract System in the Sphere of Procurement of Goods, Works and Services for Ensuring State and Municipal Needs "
Bill No. 495959-7 "On Amendments to the Code of the Russian Federation on Administrative Offenses in the part of establishing responsibility for a knowingly false expert opinion in the procurement of goods, works, services for the provision of state and municipal needs"
Bill No. 495957-7 "On Amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation regarding the establishment of responsibility for knowingly false expert opinion in the procurement of goods, works and services for the provision of state and municipal needs"