THE LEGAL SYSTEM FOR PROTECTING PUBLIC FUNDS“A COMPARATIVE STUDY”
Abstract
Firstly, the Research Topic:
Given that public facilities are considered the lifeline of modern and advanced nations, their establishment and successful functioning to serve society necessitate efficient management and preservation. This requirement entails providing the necessary funds to the administrative body responsible for these facilities. Allocating such funds to the administration mandates the existence of legal principles governing public funds, distinct from those governing individual funds. This is aimed at safeguarding these funds from wastage, extravagance, corruption, and directing them towards serving the public. Thus, it is the legislator's duty to establish legal rules for protecting public funds, while it falls upon the administration to enforce the law against those who transgress against public funds.
Secondly, Research Importance:
Public funds represent a source of decent livelihood for members of society, contributing to the progress and prosperity of a modern state. Therefore, misusing public funds or failing to protect them from any legal or material infringement could disrupt the functioning of public facilities, leading to harm to the public's interests. Thus, this subject stands as a vital topic in administrative law and societal life.
Thirdly, Research Objectives:
The research aims to define the concept of public funds, discuss means of protecting them, address challenges hindering such protection, necessitating the administration to employ its authorities in confronting these challenges. Subsequently, it will illustrate the impact of the protection laws legislated for safeguarding public funds. Furthermore, the research will present findings and recommendations highlighting the problems and obstacles encountered within this system.
Fourth, Research Problematics:
The increase in various forms of mismanagement of public funds in recent times has led to the necessity of finding a solution to this mismanagement and safeguarding public funds. This study aims to propose the best solutions and methods to protect public funds, which represent national wealth for this generation and future generations. Therefore, this study highlights the remedies and preventive measures to protect these funds in ways stipulated by the law, supported by jurisprudence, and implemented by the administration with the judiciary ensuring its protection.
Fifth, Research Methodology:
Every scientific research has its own nature, and research methodologies and tools vary from one study to another. Therefore, in this study, we have adopted three different methodologies with the aim of thoroughly examining the research topic and understanding its various aspects. To achieve this goal, we followed the following approaches:
- Comparative methodology: This method involves conducting a comparative study between legislative positions and laws in some countries under study.
- Analytical methodology: This scientific method involves analyzing jurisprudential opinions, discussing them, examining the latest legislative positions, and deducing scientific results.
- Applied methodology: Given that the research topic of protecting public funds does not address theoretical issues but rather deals with real-world problems, the research will be enhanced by a collection of laws that have addressed the subject in the countries under study.
Sixth, Research Plan:
Introduction
Section 1: Definition of Public Funds
Section 2: Civil Protection of Public Funds
Section 3: Criminal Protection of Public Funds
Section 4: Utilization of Public Funds
