احمد محسن جميل المساهمة الدستورية في حماية المال العام في دستور 2005 النافذ

Abstract

The study aimed to analyze the constitutional framework for the protection of public funds in Iraq, according to the current 2005 Constitution, and to demonstrate the effectiveness of constitutional provisions in combating financial and administrative corruption. It also compared these provisions with the constitutions of other countries to identify applicable best practices.

The study followed a descriptive and analytical approach, reviewing and analyzing constitutional provisions related to the protection of public funds. A comparative approach was also used to compare the Iraqi experience with that of other countries, while an inductive approach was used to study the extent to which these provisions are applied in practice and their effectiveness in reducing financial and administrative corruption.

The study concluded that the Iraqi Constitution of 2005 included provisions guaranteeing the protection of public funds. However, weak oversight and accountability mechanisms limited the effectiveness of these provisions in combating corruption. Furthermore, the inadequacy of executive legislation and the weakness of oversight institutions led to continued violations of public funds, threatening economic stability and sustainable development. The study recommended strengthening the independence of oversight institutions, amending certain constitutional articles to enhance transparency and accountability, imposing stricter penalties for financial and administrative corruption, raising public awareness of the importance of preserving public funds, and drawing on successful international experiences in this area to develop legislation and executive procedures for protecting public funds in Iraq.

Keywords: Public funds, 2005 Iraqi Constitution, combating corruption, oversight and accountability, protecting public resources.