Prosecutor's supervision in the system of control over the activities of participants in the public contract process
Currently, in the field of public procurement, a system of public control has been developed, including general, departmental, public, judicial control, as well as control of the customer. The main subject of these types of control is the monitoring of compliance with the legislation of the Russian Federation and other normative and legal acts on the contractual system in the field of procurement. The rights and legitimate interests of individual entrepreneurs as participants in the contract process are more closely respected by the prosecutor's office, the courts and the rights of entrepreneurs. The indisputable advantage of the prosecutor's supervision over the general control is the uniform coverage of practically all bodies, this allows for a consistent and unified supervisory policy with respect to various subjects of public procurement control, promptly, continuously and constantly supervising their implementation of the relevant laws. Having the main advantages of departmental control, the prosecutor's supervision compensates most of its shortcomings. Without assessing the expediency of the decisions taken and without encroacting on the operational activities of the customers, the prosecutor carries out all the full verification activities that are capable of implementing the departmental control bodies, in addition to overseeing the legality of their most control activities in the field of procurement, as well as ensuring the legal status of the persons involved in procurement activities. The extension of the subject of the prosecutor's supervision by including monitoring of human rights and enforcement activities of subjects of public control, regardless of their types, institutional and institutional affiliation, as well as the sphere of activity, could contribute to the improvement of the right security potential in the field of public contract activities, including ensuring the rights and legitimate interests of individual entrepreneurs in the sphere of the implementation of state and municipal contracts. Thus, to date, the prosecutor's supervision of the observance of the rights and legitimate interests of individual entrepreneurs in the sphere of the implementation of state and municipal contracts is the most effective form of verification and security activities, since only the prosecutor's office: Provides the legal position of individual entrepreneurs in the sphere of the implementation of state and municipal contracts; they supervise the activities of most control subjects, promoting a single verification policy in this field, and also integrate into a single system of control subjects not directly covered by the prosecutor's supervision.
Keywords
контроль контрактной системы в сфере закупок, закупки для государственных и муниципальных нужд, прокурорский надзор, ведомственный, общественный и судебный контроль, control of contact system in sphere of procurement, procurement for state and municipal needs, prosecutor's supervision, departmental, public and judicial controlAuthors
Name | Organization | |
Marinicheva Anna Yu. | Tomsk State University | crim.just@mail.ru |
References

Prosecutor's supervision in the system of control over the activities of participants in the public contract process | Tomsk State University Journal of Law. 2020. № 35. DOI: 10.17223/22253513/35/7