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Constitutional mechanisms for the preservation of public funds

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Constitutional mechanisms for the preservation of public funds

07/5/2018 12:00 am
Salam Makki


Money on two types: movable and immovable.

Transferable is cash and anything that has value can be transferred from one place to another without damage, but the money is not movable property, such as land, houses, orchards and others.

The money in terms of ownership over two types: public money and private money.

The Iraqi legislator placed special protection for public funds, since his property belonged to all Iraqis, and therefore he stressed the methods of protecting and preserving it from abuse and illegal exploitation.

The legislative legal system has dozens of texts that contribute to the preservation of public money, whether of excess or embezzlement or determine the mechanisms of collection of creditors and regulate the process of sale and purchase.

Such as the law of sale and lease of state funds, the law on the collection of government debts, and the civil rights of public property and other laws that impose penal penalties against those who infringe state property.

As for the encroachment on the land of the state, we note that the legislator granted the property of the state the peculiarity of criminalizing the act of transgression, as the infringement on the property belonging to the citizens is not considered a crime, but a civil action is raised by lifting the excess, but in case of infringing on a property belonging to the state, Requires punishment.

After the adoption of the Constitution, the Iraqi legislator decided to unify all these laws in one law through its legislation of Article 27 of the Constitution, which states: The law regulates the provisions for the preservation of state property and administration and conditions of disposal and limits that may not get off any of these funds.

On this basis, the legal texts contained in the laws on the management and protection of public funds should be consolidated into one law according to the above constitutional text.

Where the laws that protect the state's properties from overrun and the law collection of government debt and the law of sale and lease of state funds and decisions of the Council of Ministers regarding the ownership of the role of its occupants and the legal texts contained in the laws of civil and criminal laws, all in one law.

It is difficult to limit these texts in a single law, because they include penal elements in addition to the tortuous and contractual responsibilities, the different bodies that apply these laws and the multiplicity of their legal and administrative references, which creates administrative and legal chaos and the intersection of powers and functions, and thus leads to failure to achieve the basic objective of legislation This constitutional provision is the preservation of public money.

The question is: is there a need for this constitutional provision?

If we know that the Iraqi legislation includes adequate provisions for the preservation of state property, and sets appropriate mechanisms and paints the roles of each body or a government department to play this role.

And the unification of all these texts in a single law, may require the creation of a common legal basis for those who undertake this task, which can not be achieved in light of the general atmosphere of the legislative institution in Iraq and the many laws awaiting approval.

There may be a legal necessity to apply this constitutional provision if there are no laws or institutions that are responsible for the preservation of public funds and property, but as long as they exist and function normally, we do not find it necessary.

The necessity is to review the previous laws, especially after applying them and detecting gaps in order to amend them and cancel some of them for the purpose of reaching the real purpose of this article is the preservation of public money.

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