When Well-Intentioned Legal Reform Goes Awry : A Case Study of Legal Loopholes and Challenges to Anti-Corruption Reform of Russia ’ s Complex Procurement System
些看似是有效改革的书面内容 , 和法律的实际执行以及人类 行为如何在这一复杂系统中发挥作用 , 之间的差距 。 通过理 解对立法漏洞的操纵 , 本案例研究作出结论 , 为其他关乎透 明性的改革努力提供了重要经验 , 为改革努力将在复杂系统 中如何实际操作提供了考量 。
关键词 : 俄罗斯政府采购体系 ; 复杂社会系统 ; 竞争限制 ; 俄罗斯立法漏洞 ; 俄罗斯反腐改革
Introduction
The public procurement system —
through which the government hires private companies to perform public projects ( from building schools and roads , to providing medical supplies and offering other national services ) — in Russia is still very young . Only five years have passed after its qualitative reform , whereas in many other countries it has existed for decades . It is obvious that , despite its well-developed work , it has several problem areas . The main goal of the public procurement institution is to ensure the economical use of public budget funds , subject to the purchase of high-quality goods , works and services for the needs of state and municipal customers . The system is meant to ensure healthy competition between private companies seeking business contracts from the government and thus , the efficient spending of public tax money . In this regard , researchers and practitioners of the institution of state order are faced with a large number of issues as they need to ensure a balance between quality and minimization of costs in this area .
It is obvious that such a balance is achieved in a highly competitive market , where a contract is received by a company that is able to offer the best quality at the lowest price . In this regard , one of the most acute and problematic issues of the public procurement system is the problem of ensuring competition in this market . On the one hand , it is important for customers to prevent the conclusion of a contract with unscrupulous companies that are unable to fulfill their obligations under the contract and only waste time of the customer . In a situation where customers implement important state functions , their time is especially valuable since the quality and speed of their service realization affects large segments of the population . On the other hand , only admitting the maximum number of companies to participate in the public procurement process can make this market truly open and transpar-
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