The impact of legislative omission in facilitating the seizure of public funds (Iraqi Investment Law No. 13 of 2006 as a model)

Abstract

The present study is initiated with the objective of examining the impact of legislative omission on the facilitating the seizure of public funds. The Iraqi Investment Law No. (13) of 2006 was selected for consideration as an independent model in this study. Following the delineation of legal omission as the legislator's failure, the author elucidates the significance of the study by illuminating the deleterious consequences engendered by certain Iraqi legislation (the investment law), which has engendered a particular monopoly on public funds. This has resulted in the exacerbation of disparities and the transgression of social justice standards. The fundamental research problem was characterized by the legislative defects that rendered the judiciary incapable of closing the exploited legal loopholes. The study goes on to address the pivotal issue of the legislative and executive authorities' role in ensuring the protection of public funds through legislative measures. The purpose of this paper is to address any queries that may be raised concerning the criminal accountability of the legislative authority and the potential for alternative means to safeguard public funds.

        The analytical deductive approach was adopted in order to identify public funds. An inductive approach was employed to analyze legal texts, while a comparative approach was used when necessary. The study is divided into three sections. The initial section of this study examines the fundamental concepts of legislative omissions and the facilitation of the appropriation of public funds. The subsequent section is devoted to an examination of the applications of the Iraqi investment law. The third section of this study focuses on criminal accountability for legislative omissions. The research concludes that legislative omissions under the Investment Law have facilitated the seizure of public funds as a form that can be included under the provisions of (316) of the Iraqi Penal Code No. (111) of 1969, through loopholes in the formation of investment bodies and the privileges and exemptions granted to investors. Finally, the study provides a series of recommendations for addressing these gaps, including the amendment of legislation to ensure transparency and social justice, the enhancement of oversight of investment projects, and the strengthening of the role of the judiciary in protecting public funds. Moreover, it emphasizes the importance of meticulous examination of legal documentation to address instances that permit the misappropriation of public funds under the pretext of legal legitimacy.