Criminal Liability for Knowingly False Expert Opinion in the Field of Procurement of Goods, Works and Services to Meet State and Municipal Needs: Pro et Contra

In 2018, a new norm was introduced into the Criminal Code of the Russian Federation on criminal liability for knowingly false expert evidence in the procurement of goods, works, and services to meet state and municipal needs. At the same time, administrative liability was introduced for a similar offense. Such comprehensive regulation was aimed at increasing the efficiency of theft prevention mechanisms when purchasing goods, works, and services to meet state and municipal needs. The “package” introduction of the two most stringent types of legal liability was received positively by the scientific community. On the one hand, filling the identified gap should be considered necessary, but on the other hand, an analysis of judicial practice shows that these provisions of the criminal law and legislation on administrative offenses are not reflected in law enforcement practice, and illegal acts are characterized by high latency. A study of foreign legislation has shown that there are no provisions for such a special crime as knowingly false expert opinion in the field of activity in question. The article presents various approaches of judicial authorities regarding the analyzed elements of crime and administrative offense in the field of procurement. The conclusions draw attention to the need for broad discussion of the issue of decriminalization of knowingly false expert opinion in the field of procurement.