The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Situational prevention in context of public procurement

Document Type : Original Article

Authors
1 Assistant Professor, Department of Jurisprudence Law and Criminal Law, North Tehran Branch, Islamic Azad University, Tehran, Iran.
2 Ph.D. Student in (Criminal law and criminology), Faculty of Humanities. Islamic Azad University, Tehran North Branch
Abstract
This study seeks to examine the pathology of preventive strategies in the field of public procurement in the Iranian legal system. Situational prevention seeks to understand the place, time, and manner of committing a crime. In situation prevention, we seek to change environments that host criminal behaviors so that these environments are less desirable for criminals. Given that public procurement still have the highest level of corruption, both in terms of quantity and price, it is important to examine how they are implemented and the effectiveness of anti-corruption policies in the area of public procurement. Descriptive-analytical research methods and tools are library information collection. The results of the research show that the situation prevention strategy based on the three theories of rational choice, daily activity and crime pattern, is very helpful due to victim-contentedness and focus on improving the environment in the fight against corruption in government transactions. In Iran, the use of situational prevention policy has recently been pursued more seriously by the legislature. However, an important part of the anti-corruption laws in government transactions in the field of prevention is a very old situation and needs to be revised. Some areas of situational prevention, such as transparency and soundness of government transactions in Iran, have major shortcomings.

Highlights

Prevention of corruption has long been the focus of law enforcement, but prevention has a different approach to corruption. Crime prevention is based on the view that corruption can be prevented by making fundamental changes in the environment. Social prevention focuses on how (rather than why) corruption, and therefore raises the fundamental question of how corruption can be prevented.

Unlike traditional crime prevention strategies that aim to reduce crime and violence by changing criminal tendencies, the situational crime prevention approach focuses on opportunities that are more prone to crime. Situational crime prevention seeks to reduce the harm caused by crime by changing situational factors or, more effectively, the environments in which crime occurs regularly. These crime cases have the closest time interval to criminal acts and therefore have a greater susceptibility to manipulation than other factors.

Characteristics of crime prevention are:

  1. These actions are related to certain crimes. For example, in unintentional crimes, prevention does not make sense.
  2. The purpose of situational actions is to influence the crime.
  3. In preventing a situation, we seek to create danger or increase the cost of criminal actions, such as installing alarms, establishing police and installing protective fences.
  4. Situational prevention makes the crime transparent and its consequences are stated, so by creating restrictions and obstacles in the way of the offender, the occurrence of the crime becomes costly for him.

The three base of situational prevention theory include the "rational choice" approach, the "routine activity" approach, and the "crime pattern" theory.

In the field of public procurement, techniques of preventing access to the target of crime, diverting criminals from the target of crime (creating distance between actors) and controlling crime facilitators and screening outputs, reforming the banking system and combating money laundering based on the theory of preventable situation Is. All of these techniques affect the criminal environment and thus reduce crime. In addition, other techniques, such as the principle of transparency and competition, are included in the prevention of corruption in public procurement.

Public procurement is just like other envirmental-based crimes, so they can be effectively reduced by enforcing a situational prevention and crime control policy. For example, keeping government employees away from public procurement can play an important role in reducing criminal rational calculations, or monitoring the various stages of public procurement and promoting transparency can lead to greater control over the criminal scene. A clear example of the importance of a situational prevention policy in controlling the criminal environment in public procurement is the use of the e-procurement in public procurement, which reduces the direct contact of the bidding apparatus with the bidders, thus creating a healthy office environment.

International instruments and recommendations of international organizations involved in the fight against corruption in public procurement, including the Organization for Economic Co-operation and Development (OECD) recommendation and the World Bank's criteria for granting funding to the government, are mainly They have based their proposal or criteria on situational prevention policies, ie crime scene control. For example, in all international documents, in order to improve the environment of public procurement, e-procurement, supervision and transparency have been presented as fundamental solutions.

Although several laws have been passed in Iran to promote administrative health and fight corruption, some of these old constitutions are still inconsistent with even the current state of Iran's political system. For example, the law prohibiting government employees from intervene in government transactions (as a basic solution) is not currently in line with current Iranian political structures. Therefore, updating the laws is one of the necessities of implementing an effective anti-corruption policy in public procurement. Another important reason for the increase in corruption in public procurement is the possibility of collusion or collusion between the bidding apparatus and the bidders. Extensive bidding authority in bidding outside the formalities of government transactions has in many cases led to a lack of transparency in the award of government contracts. The banking system in Iran is also one of the factors inciting corruption in public procurement, because payments for public procurement are made mainly through the banking system, in which the Central Bank and the Economic Council, as two institutions overseeing the banking system, have the necessary efficiency. Has no role in improving the banking system. Weak money laundering laws have also made it possible for corrupt individuals to easily enter money into the banking system from collusion and collusion in public procurement.

 

Keywords
Subjects

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Volume 4, Issue 10 - Serial Number 10
Fourth Year, 10th Issue , Spring 2022
Spring 2022
Pages 149-176

  • Receive Date 16 September 2021
  • Revise Date 02 October 2021
  • Accept Date 06 November 2021