The Role of Laws and Regulations in Protecting Public Funds "A Comparative Study"

Abstract

This research addresses the role of laws and regulations in protecting public funds, through a comparative study between Iraq and Lebanon. It examines the legal definition of public funds, the criteria used to distinguish them from private property, and the forms of legal protection provided by legislators, whether through criminal law or constitutional provisions.

The study reveals that public funds constitute the essential material foundation for achieving public interest. Both Iraqi and Lebanese legislations have granted special protection to public funds; however, significant legislative and practical gaps remain. The research highlights that the criterion of allocation for public benefit is the most comprehensive for distinguishing public funds, while the effectiveness of criminal and constitutional protection varies between the two countries. It also emphasizes the urgent need for specific legislation regulating the management and disposal of public property, and for strengthening the independence of oversight institutions to safeguard public resources against waste and corruption.

The study concludes with several findings, including the multiplicity of criteria for distinction, the lack of detailed legislation, the divergence in criminal protection, and the weakness of effective oversight mechanisms. It also offers recommendations, such as enacting a unified law to protect public funds, enhancing the independence of regulatory bodies, developing legal and administrative awareness programs, and creating a digital database for the management of public property.