Abstract

The article refers to flaws (dysfunctions) in the regulation of Article 305 of the Penal Code, which regulates the crime of disturbing (obstruction, hampering) public tenders. These flaws have a very negative impact on the possibility of the indicated preventive and repressive function of this provision of the Penal Code being properly performed. Therefore, an attempt was made to assess the concept of changes in the content of this provision, resulting from the proposals of amendments to the Penal Code formulated in 2019. In particular, the article considers the proposed modifications to the content of the statutory features of a “public tender” that have so far caused the greatest divergences in the views of academics of criminal law, public businesses and the practice of applying the relevant provision.