Concept of Violation of Law in Basic Construction with State Budget Capital

are the real sanctions of lawlessness” because “no one can be imprisoned for his moral, political and religious views” [28, p.348]. This thought of Marx is today expressed throughout the fields of administrative law, economic law, civil law, criminal law…

It is clear that a violation of the law must be the behavior of the subject, expressed in the form of action or inaction. Only specific actions or inactions of the subject that are contrary to the law are considered violations of the law. Legal regulations are intended to regulate the behavior of the subject, not the thoughts or other personal characteristics of the person.

Second sign: Violation of the law is not only a definite human behavior, but that behavior must be contrary to legal regulations, infringing on social relations established and protected by law. Illegal behavior is behavior that is not in accordance with legal regulations, does not perform what the law requires or uses power beyond the limits of the law. What the law does not prohibit or protect, even if done wrong, is not considered illegal, is not a violation of the law. The illegality of behavior is expressed in opposition to general provisions of the law, that is, when the law stipulates like this, but people act contrary or do not comply. Thus, illegal behavior is an behavior that violates what has been stipulated by law.

Third sign: Violation of the law is an illegal act that contains the fault of the subject when performing that act. It can be said that all violations of the law are illegal acts that contain the element of fault. Only illegal acts that are committed intentionally or unintentionally by the subject can be considered a violation of the law. To determine a violation of the law, it is necessary to consider both the objective and subjective aspects of the act, that is, to determine the psychological state of the person who commits the illegal act (determine their fault). Fault is an indispensable factor in determining legal responsibility for the subject who violates the law. An illegal act is committed due to objective conditions and circumstances and the subject of that act cannot be conscious, cannot choose the way to behave according to the requirements of the law, then that act cannot be considered a fault and cannot be considered a fault and cannot be considered a violation of the law. Only

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Only illegal acts that are at fault (performed intentionally or unintentionally) are determined to be violations of the law.

The fourth sign: The legal responsibility capacity of the subject performing the illegal act. In socialist law, the independence to bear legal obligations is only prescribed for those who are capable of choosing their own behavior and have free will. In other words, that person has the ability to perceive, control his/her behavior and be responsible for that behavior. Therefore, although illegal acts are committed by insane people or children (not yet at the age prescribed by law to bear legal responsibility), they still cannot be considered violations of the law. Considering the legal responsibility capacity of the subject performing the act as a sign to determine the illegal act is a fairly common view in legal science in our country. However, in our opinion, this should not be considered a sign of illegal acts and a sign of the law. From the perspective of objective manifestation, the act of infringing upon objects protected by law, committed by a person without capacity, still constitutes a violation of the law. It is just that that person is not legally responsible.

Based on the analysis of the above basic signs of illegal acts, the concept of illegal acts can be given as follows: Violation of the law is an act dangerous to society committed by a subject with legal capacity, intentionally or unintentionally, violating social relations established and protected by law.

2.2.1.2. Concept of law violations in basic construction with state budget capital

Violations of the law in basic construction investment with state budget capital are the only basis for legal liability. Without violations of the law in basic construction investment with state budget capital, there is no legal liability. Legal liability is related to the application of state coercion to individuals or organizations that violate the law. Therefore, violations of the law in basic construction investment with state budget capital must have all the signs of violations of the law by the entity using state capital. These must be actions, or inactions on the basis of the law on construction investment.

but not thoughts, ideas, concepts. In addition, the act of action or inaction that becomes a violation of the law in construction investment must be an act that does not comply with legal regulations. It violates the legal order, infringes on social relations in general and legal relations in the field of basic construction investment established by the State and other entities. In particular, the violation of the law must cause certain material or immaterial damages. Thus, the act of violating the law in basic construction investment with state budget capital must be an illegal act, an act against social relations regulated and protected by law. Illegal acts considered as violations of the law in basic construction investment with state budget capital are only determined when there is an expression of the will of the subject performing that act to profit or cause loss, waste of state budget capital invested in that basic construction.

Thus, it can be understood that violations of the law in state budget investment and construction are dangerous acts for society, infringing on economic management order, infringing on the property and legitimate interests of the State, collectives and citizens in the field of state budget investment and construction, and are the basis for determining the legal responsibility of the entity managing and using state budget capital.

2.2.1.3. Characteristics of violations of the law in construction investment with state budget capital

Violations of the law in the field of construction investment with state budget capital are a common phenomenon today. This is a complex form of violation of the law. Therefore, to identify them, it is necessary to study certain characteristics. In addition to the common characteristics of violations of the law, violations of the law in the field of construction investment with state budget capital also have some specific characteristics arising from the nature of the social relations that are violated by them. Finding out the characteristics of violations of the law in the field of construction investment with state budget capital will help us to propose effective solutions to combat them. Because the violations of the law that arise in reality are not completely the same, the methods and measures that the State uses to combat them cannot be the same. Based on the study of violations of the law in general

In general, the characteristics of law violations in the field of construction investment with state budget capital can be given as follows:

First, legal characteristics

Typical signs of violations of the law in construction investment with state budget capital are distinguished by objective signs of the behavior and the violating subject:

Objectively, the following common violations of the law in construction investment with state budget capital can be mentioned:

- Is the act of a person with a position or authority appropriating the property he is managing, taking advantage of the assigned position or authority as a means to turn the property he directly or indirectly manages into his own property or that of another person.

- Violations can be performed incorrectly or beyond assigned authority such as making estimates that far exceed actual needs to take the difference, confirming, falsely declaring, correcting invoices, documents about prices, material quantities, compensation, measuring, confirming damage with incorrect area, type...

- Is the act of accepting bribes to perform a task within one's responsibility for material benefits or at the request of the bribe giver such as accepting bribes to decide on investments, approve design estimates, falsely confirm the area, property status on the recovered land area to receive compensation or receive higher than the prescribed level...

Or the act of accepting a bribe to not do something that is required to be done according to regulations for the benefit or at the request of the person giving the bribe, such as not making a record of design violations during construction...

- Acts of violating assigned duties by taking advantage of one's position and power. Violating assigned duties here means doing wrongly assigned duties or failing to perform assigned duties, causing damage to the interests of the State, society, and the legitimate rights and interests of citizens, such as deciding to invest in the wrong location, causing waste for local reasons; instead of bidding, assigning the bid to a "backyard" company; turning a blind eye when discovering violations during the construction process because of relatives, relatives, etc.

- The act of taking advantage of one's position or authority to directly or through an intermediary receive money, property or other material benefits in any form in order to influence another person with a position or authority, encouraging this person to do or not do something that is directly related to their work or to do something that is not allowed to be done at the request of the person giving the money, property or material benefits. Specifically, using one's position or authority to put pressure on the person responsible for appraising, approving the project, signing the funding, providing capital, granting licenses... to win the bid, receive money, allow acceptance, finalize the accounts...

Thus, in general, the following prohibited acts are violations of the law in basic construction investment with state budget capital:

- Making investment policy decisions that are not consistent with strategies, planning, and plans; not within authority; not following the order and procedures prescribed by law; not balancing capital sources for basic construction investment from the state budget.

- Deciding to invest in a program or project without the competent authority deciding on the investment policy or not in accordance with the investment policy decided by the competent authority. Deciding to adjust the total investment capital of the program or the total investment level of the project contrary to the provisions of the law on public investment.

- Taking advantage of position and power to appropriate, profit, and commit corruption in the management and use of capital for basic construction investment using the state budget.

- Program owners and investors collude with consulting organizations to make decisions on investment policies, decisions on investment in programs and projects that cause loss and waste of State capital and assets and national resources; harm and infringe upon the interests of citizens and the community.

- Giving, receiving, brokering bribes.

- Requiring organizations and individuals to invest their own capital when the program or project has not yet been decided on the investment policy, has not been approved or has not been allocated planned capital, causing outstanding debt in basic construction.

- Using public investment capital for the wrong purpose, wrong target, exceeding standards and norms as prescribed by law.

- Falsifying or falsifying information, records and documents related to investment policy decisions, investment decisions, and program and project implementation.

- Intentionally reporting or providing incorrect, dishonest, or non-objective information that affects the preparation, appraisal, and decision-making of plans, programs, and projects.

- Intentionally reporting or providing incorrect, dishonest, or non-objective information that affects the monitoring, evaluation, inspection, and handling of violations in the implementation of plans, programs, and projects.

- Intentionally destroying, deceiving, concealing or incompletely keeping documents, certificates and records related to investment policy decisions, investment decisions, and program and project implementation.

- Obstructing the detection of violations of the law in basic construction investment with state budget capital.

Second, characteristics of the subject (note the violation of the subjects ) violations have the following basic characteristics:

- Are officials, civil servants, and public employees in State agencies assigned with the function of appraising and approving construction investment projects with State budget capital:

+ Authorized officials in the investor agency, project management boards, compensation councils, site clearance councils, consulting councils... design specialists, budget preparers.

+ State officials assigned to research investment decisions, approve designs, supervise construction... such as project management board officials, project and construction investors, staff and people signing to approve construction projects...

+ People with positions and powers assigned to decide on investment, organize bidding, supervise construction...

+ People with positions and authority but they are not responsible for investment and construction of the project, but with their positions and authority they have the ability to influence those with authority to approve the project, sign the funding, provide capital, grant licenses... to win the bid, to accept and settle the accounts...

+ In addition to the above entities, there are also entities that act as intermediaries and brokers in carrying out bidding procedures and documents.

- They are people with high expertise in the field of construction investment, have a lot of experience in economic management, have extensive relationships, understand the law and especially have many sophisticated ways and tricks to conceal illegal acts in construction investment with state budget capital.

The above are the objective characteristics and subjects of some common violations of the law in construction investment with state budget capital. Other violations of the law such as abuse of position and power to appropriate property, abuse of power while performing official duties and forgery in work have not been seen in construction investment with state budget capital.

On the fault of the subject who violated the law in basic construction investment with state budget capital

The fault of the subject violating the law in basic construction investment is the psychological state of the subject who commits an illegal act, causing danger to society. In terms of psychology, there are two forms of fault: intentional fault and unintentional fault. Intentional fault is manifested in two forms: direct intention and indirect intention.

Direct intention is the case where the subject commits an illegal act in basic construction investment, foresees the danger to society of the act and sees the consequences of the act but wishes to commit it and wishes to achieve the consequences of the act.

Indirect intention is the case where the subject commits an illegal act in basic construction investment, although foreseeing the danger to society of the act and seeing the consequences of the act, does not wish to achieve the consequences of the act.

Indirect intention is the case where the person who commits an illegal act, although foreseeing the danger to society of the act and seeing the consequences of the act, although not wishing to achieve the consequences of the act, still allows those consequences to occur. Unintentional fault is divided into two types: unintentional overconfidence and unintentional carelessness.

Unintentional overconfidence is a case where a person who commits an illegal act in basic construction investment foresees the social danger of the act and sees it.

get the consequences of the action, although not wanting to achieve the consequences of the action but still letting the consequences happen.

Negligence is a case where a person who commits an illegal act in basic construction investment does not foresee the harmful consequences to society of the act, even though that person can or should foresee the consequences of the act he causes.

Third, social characteristics

In the field of construction investment with state budget capital, illegal acts, in addition to the typical legal signs as analyzed above, also have social characteristics: Most of the violations of the law in the three stages of investment preparation, investment implementation, and investment completion are aimed at profiteering, corruption, and appropriation of state assets.

Violations of the law in the field of construction investment with state budget capital arise in a variety of subjects, areas of violation, levels and consequences of the act, but it can be said that most violations of the law in this field originate from the motive of material gain. This motive is shown in that when subjects commit violations, they are always urged by the desire to appropriate a certain material benefit (which can be money, property or other material benefits). Material benefits promote and thereby control the violations of the subjects. Originating from this characteristic, most violations of the law in the field of construction investment with state budget capital are committed due to intentional fault. In many cases, violators foresee that their behavior is illegal, are fully aware of the consequences of the behavior, but due to the motive of personal gain, they still deliberately commit violations of the law. This can be clearly seen in acts of encroachment on State property at the investment stages: Investment preparation, investment implementation, and investment completion.

Fourth, characteristics of consequences of violations of the law in basic construction investment with state budget capital

Consequences of violations of the law in basic construction investment with state budget capital include economic-technical consequences, economic-political-social consequences and other resource consequences.

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