The Public Prosecution’s Responsibility for Exposing Corruption in Administrative Contracts in Iraqi Law

Author:
Saif Naseem Salman Al-Harbi
Level:
Master
Field of study:
Law
Language:
Arabic
Faculty:
Faculty of Law
Year:
2022
Publisher:
URD Press
Supervisor(s):
Muhammad Taqi Tabarsa

The importance of the research stems from the objectives set by the Iraqi legislator for this body as the body charged with monitoring legality، and this importance focuses on the benefit achieved by the public prosecution’s intervention in the civil lawsuit. If it were done in the way that the law drew for it، this would lead to the protection of the rights of individuals and society، just as the intervention of the public prosecution in the civil lawsuit represents the best aid to the judiciary، as the opinion presented to it will lead to the judiciary’s insight into some issues that it may overlook. This intervention also achieves a kind of control over the work of the judiciary، which will be more concerned with the issue of causation and accuracy in rulings. This study aims to address the shortcomings that the current Iraqi text suffers from by obligating the Public Prosecution to intervene in the lawsuit and give it a role in initiating the civil lawsuit after the foundations of this device have been properly laid، and then suggesting the development of an integrated organization for the Public Prosecution Service، both in terms of procedures to which he is subject in his work or in terms of the means of exercising his role in the civil lawsuit. The main question was: What is the responsibility of the Public Prosecution in exposing corruption in administrative contracts in Iraqi law? The research relied on the analytical inductive approach through the study and analysis of legal texts in the light of the opinions of jurisprudence and the rulings of the judiciary، and to benefit from the provisions of various legislations to the extent that achieves and enriches the objectives of the research، The researcher concluded several results، the most important of which is that the intervention of the public prosecution in exposing corruption in administrative contracts is of great importance in practical life. As his intervention contributes to the fairness and validity of many judgments issued by the judiciary، as the body charged with monitoring legality، Including that the basis of the idea of ​​the public prosecution stems from the existence of a body on behalf of the group in defending its interests، through the principle of the rulers’ representation on behalf of the nation، the principle of shura and the judicial system.