Municipal Administration in Iraq between the Government Debt Collection Law and the Expropriation Law

Author:
Saif Hussein Shani Alfatlawi
Level:
Master
Field of study:
Low
Language:
Arabic
Faculty:
Faculty of Law
Year:
2022
Publisher:
URD Press
Supervisor(s):
Hamed Karmi

The aim of this study is to shed light on the work of the municipal administration within the government debt collection law when applying this law by the municipal departments for the purpose of collecting their debts quickly and directly and in a way that differs from those followed by private law persons as one of the enriched persons and whose work is regulated by the general law and that for those The administrative decisions that it takes against its debtors have constitutional legislative guarantees, which were normal legislation, and also an indication of the extent to which municipal departments can use the expropriation law in their work, as they use this law to implement their projects, such as opening roads, building institutions, and creating public facilities. The study also dealt with centralized and decentralized oversight and the relationship of the municipal administration law to other legislations, as well as the government debt collection law and its relationship to legal legislation, the relationship of the expropriation law to other laws, and the extent to which these laws were used to fill the shortcomings in the aforementioned laws. It also showed the elements of the administrative decision and the extent of their impact on the validity and legitimacy of administrative work. The study dealt with the issue of legislative protection for the funds of municipal departments as public funds and the guarantees of that protection. Protection. In its last chapter, this study referred to constitutional protection, penal protection, and civil protection. Finally, the compensation to which individuals are entitled as stipulated in the expropriation law was examined, and the extent of fairness of this compensation and the justifications for imposing it, and what the compensation must be in order for it to be fair, and that the research methodology In this research, we relied on the analytical approach by presenting the role of the municipality administration between the expropriation law and the collection law. We also relied on the descriptive approach in order to stand on this topic by referring to contemporary applications in the collection law and the Iraqi appropriation law in the case of reference to it or its composition in a diverse manner and in the manner of research. Scientific to fill the gaps in these two laws as it has many terms of reference from the objective and legal side. The collection law and the appropriation law grant the necessary protection to public funds through constitutional provisions and ordinary legislation in its various civil, penal and administrative branches. For the general public, there is legislation forbidding the appropriation and disposition or retention of such money by statute of limitations.The Collection Law and the Expropriation Law determine the funds that apply to and among them, such as taxes and fees, such as cleaning fees collected by municipal departments, government revenue obligations, advance amounts granted by official and semi-official departments, municipal advances to their employees, and housing fund advances granted to citizens for the purposes of construction, as well as amounts offered for sale, lease or ownership. Government money or usufruct facilities, such as money owed by municipal departments, such as allowance for the sale of real estate and movables.