Keywords : corruption
Criminal confrontation to combat corruption in light of Iraqi laws and regulatory bodies
Journal of college of Law for Legal and Political Sciences,
2022, Volume 11, Issue issue 40 part 1, Pages 384-410
The phenomenon of administrative and financial corruption is one of the most dangerous phenomena facing countries, especially developing countries, including Iraq, which results in paralysis in the process of construction and economic development, including the destruction of the economy and financial and administrative capacity and its repercussions. The impact on the societal structure and the welfare of society, and the emergence of the phenomenon of corruption at the internal level, and it is necessary to confront it with the national legislative system by international means represented in enacting internal laws and joining the conventions and organizations concerned with combating it. Corruption, and this corruption is like a huge iceberg at the bottom of the sea, from which only the top appears, that is, what is discovered. In the eighties of the last century, its degrees intensified in the nineties, as a result of the economic sanctions imposed on Iraq, in which the living standards of citizens and employees declined very dramatically, forcing some of the weak-minded to seek refuge. To practice corruption in order to cover the usual expenses of their lives, and after 2003 corruption became a normal phenomenon in addition to the weakness of the roles played by the supervisory authorities such as the Financial Supervision Bureau or the Integrity Commission and the offices of the Inspectors General before its abolition, as well as the penal provisions contained in Penal Code No (111) for the year 1969 and its amendments, the Integrity Commission Law No. (30) of 2011, and the Anti-Money Laundering and Terrorism Law. Finance Law No. 39 of 2015 and Central Bank of Iraq Law No. 82 of 2017, despite the announcement by successive governments of their fight against corruption, and therefore it is difficult for the government to eliminate it permanently, as this amount of corruption and its methods have penetrated the corridors of ministries in Iraq to be a cause key to activate scripts. He urged the supervisory authorities in all ministries to play their role in combating the phenomenon of corruption. Corruption The fight against corruption by the regulatory bodies is a vital issue in the political and economic systems in all countries of the world, including Iraq, where it has established oversight bodies that have dealt with this scourge rooted in the societal structure since its establishment. The modern Iraqi state in 1921 and the diversity of its development and influence on the political structure of the successive Iraqi political regimes. Along the way until 2003 and the subsequent fall of the political system, the establishment of a pluralistic democratic political system, and the adoption of a permanent constitution in 2005, the new system faced many challenges that differed in their severity and gravity, and corruption was one of the most important of these challenges, and that one of the most important Corruption risks at the local level wastage of public money and misallocation of funds. Resources and possibilities for development in local units, inefficiency of public services provided to citizens, poor climate investment, and low economic growth. Many researchers and scholars have classified corruption into a number of behavioral forms and manifestations .
To harmonize the achievement of criminal liability for moral persons and persons enjoying immunity between Iraqi legislation and the United Nations Convention against Corruption
Journal of college of Law for Legal and Political Sciences,
2022, Volume 11, Issue issue 40 part 1, Pages 273-301
The personal morale and the privileged figures have become a reality in our modern world, and we are not exaggerating, as we have said that they occupy the top rank in the institutions of society. Therefore, criminal legislation has tended to recognize the responsibility of these personalities, which varied between civil, disciplinary and criminal responsibility. As these characters have become engaged in activities and activity no less dangerous than the activities practiced by ordinary individuals, we note the acceleration of national legislation and international conferences in the legalization of the work of those characters and to ensure that it performs its work according to what is useful and useful to the communities, The international conventions that focused on the responsibility of moral persons and persons enjoying immunity of any kind are the United Nations Convention against Corruption. Through our study, we will highlight the compatibility of Iraqi Legislation The provisions of the Convention in achieving the criminal responsibility of those people.
THE FUTURE POSITION OF THE MEDIA ON THE SPREAD OF THE PHENOMENON OF CORRUPTION - A STUDY IN THE VIEW OF THE RULES OF PUBLIC INTERNATIONAL LAW
Journal of college of Law for Legal and Political Sciences,
2021, Volume 10, Issue issue 39 part 2, Pages 449-477
The media was and still constitutes one of the most important elements in the life of any society, and its influence on individuals has increased, whether positively or negatively, according to the perspective that is seen first and from the angle in which it is used secondly. All of this is due to the information revolution resulting from the scientific and technological progress of the development of communications means Modernity that had a profound impact in this aspect, and there is no doubt today that the media by its various means has a very big role in forming opinions and making public opinion as a major and firm tool in exposing corruption and informing it to all or on the contrary may help spread it and then work to direct opinions to face Of them desired by those who do, and it remains the media ultimately a symbol of urbanization symbols and a key milestone of progress and development milestones.
THE POSITION OF INTERNATIONAL LAW ON ASSET RECOVERY WITHIN THE FRAMEWORK OF THE UNITED NATIONS CONVENTION AGAINST CORRUPTION OF 2003
Journal of college of Law for Legal and Political Sciences,
2021, Volume 10, Issue Issue 37 part 1, Pages 582-614
Corruption is a global and continuous phenomenon because it does not pertain to a specific community in itself or a specific historical stage, and societies still suffer from the growing problem of the phenomenon of corruption of all kinds, despite all the efforts made to fight it, and it is self-evident to say that the phenomenon of corruption is a phenomenon that is fought at all international levels. All agreements affirm that corruption is an unacceptable matter, and that it has become a reality that warrants punishment, but the problem is at the present time that the regular measures and mechanisms are insufficient to combat corruption because it differs from traditional crimes, and then there must be carefully studied and objective strategies that take Consider all aspects of this problem. Therefore, combating corruption may become impossible in the absence of effective and serious cooperation between states parties in combating corruption at the national and international levels, as the states parties are obligated to cooperate with each other in order to exchange technical assistance, expertise and information related to corruption, especially cooperation in investigations and procedures related to civil matters. And administration related to corruption,Stolen assets due to corruption pose a serious problem for the leakage of state funds. As these monetary losses undermine good governance, weaken state accountability towards citizens, and drain development resources. Efforts exerted at the global level to improve asset recovery have tended to focus on tracking financing, outlining the legal obstacles that hinder their recovery, and negotiating ways to return the funds. Developed and developing countries alike are responsible for stealing assets and marginalizing initiatives aimed at returning them to the countries from which they were stolen. And when banks, in the north and south, provide a safe haven for asset recovery, they are profiting from corruption.
IMPURITIES OF CORRUPTION IN THE WORK OF LEGISLATIVE AUTHORITY (A STUDY IN LIGHT OF THE 2005 CONSTITUTION INFORCE)
Journal of college of Law for Legal and Political Sciences,
2020, Volume 9, Issue issue 35 part 2, Pages 309-329
The Legislation power may be the important one among the three powers of the state due to holding the crucial duty Which is unavoidable within the State. This duty represented in acting legislations and controlling the performance of the executive power. But if it neglected and become late in exercising it this important Role. Its Function considered a dangerous outcoming of the Corruption which is demolishing the body of the state and society together. As mentioned before, we studied the outcoming of Corruption in function of legislator authority.
THE PRINCIPLE OF THE RULE OF LAW AND ITS IMPACT ON FIGHTING CORRUPTION
Journal of college of Law for Legal and Political Sciences,
2020, Volume 9, Issue Issue المؤتمر الافتراضی الاول / الجزء الاول, Pages 187-217
It is impossible to talk about legislation or a body in itself that includes an integrated system to combat corruption in any country. Rather, there must be a legislative and institutional system based on a constitutional basis in accomplishing these tasks, as the phenomenon of corruption poses a great challenge in many societies because of its damages represented in increasing the cost of Public service, mismanagement, dissipation of its fairness, and wasting the principle of equal opportunities, which negatively affects the values of social justice and the political aspect as well as human rights.To combat this phenomenon, the United Nations Convention against Financial and Administrative Corruption was concluded at the international level in 2003, whereby this agreement represents a comprehensive strategy to combat corruption, as it depends on legislative and administrative mechanisms, and it works on a mechanism to keep up with implementation and works on a type of judicial cooperation between the states parties The fact that fighting corruption is no longer a national matter, but international efforts must also be required and also requires strong political will backed by popular will, which includes building a counter system that promotes the values and principles of integrity, transparency and accountability through a comprehensive preventive strategy in which all parties in Iraqi society participate, as it is a necessity to move from Postponing serious work in combating corruption within an open framework within which all official and popular efforts and civil society institutions come together, and broad powers have been granted in order to achieve their goals, the most dangerous of which are criminal characteristics that relate to conducting investigations into crimes of government corruption.
Administrative corruption in Iraq
Journal of college of Law for Legal and Political Sciences,
2014, Volume 3, Issue 11, Pages 443-500
in services and the achievement of justice and reassurance; blessed individuals where human dignity and equality rticular public sector employees to real citizenship , if not non-existent leads to a lack of integrity in the imp.
The weakness o f the sense of feeling among the staff in general and in pa administrative corruption , and the diagnosis of some of the reasons that lead to the spread and penetration in the communities ; , as well as the development of the most important processors that contribute to reducing this phenomenon and raised and its repercussions on the structure of the state to reach the clean and transparent community without administrative corruption lamentation of the tasks assigned to them in the performance of their duties properly in the service of society; This weakness is a major cause for the spread of corruption in the facilities , whether these facilities service or productivity or administrative as well as a range of other factors, the factors that the provision of personal interest to the public interest . So considered corruption crime against individuals society and the state in same time ; means continuing failure of the state bodies and the regulatory authorities, administrative and judiciary to take appropriate to limit the outbreak action .
Also corruption includes , abuse of all operations for the benefit of private commissions such as bribery and against the qualities and theft, embezzlement , abuse of authority and influence peddling , fraud , negligence and neglect , prejudice and favouritism .