role of the federal integrity commission for countering administrative corruption in Iraq (a comparative study)

Section: Article
Issue
Vol. 26 No. 95 (28): no 26 issue 95 year 28
Pages
247-285

Keywords:

- الفساد, - مكافحة, - الاداري, - النزاهة, - الهيئة

Abstract

   The present study aims at investigating the role of the Federal Integrity Commission for Countering administrative corruption in Iraq. Corruption can be defined as any behavior that violates the rules and regulations imposed by the state-system, or threatens the public interest, or any misuse of the public office to achieve private gains. Because of the increasing dangerous phenomena that threaten the stability and security of the public office and society in Iraq, the Integrity Commission has been established by the administrative decree (55) of 2004 . This commission is established to be an independent body responsible for implementing and applying anti-corruption laws and public service standards, suggesting and issuing  draft laws and regulations and spread legal and cultural awareness to reduce its crimes. Thus, the study investigated the nature of administrative corruption, its features and forms on the one hand, and the role of The Federal Integrity Commission in combating administrative corruption in Iraq on the other hand. The researcher reached a set of results during the study. Most importantly, there is more than one form of administrative corruption, and those which are more common within state institutions are (bribery, defalcation, mediation and nepotism).

References

  1. References
  2. First: References
  3.  The Holy Quran
  4. Second: Linguistic books
  5. Ibn Manzur, Lisan Al-Arab, Volume 10(Dar Ihya al-Turath Al-Arabi for Printing, Publishing and Distribution without | year of publication)
  6. Al-Mu'jam Al-Wasit, authored by a group of linguists, Vol. 2, 2nd ed(Dar Al-Fikr without | year of publication)
  7. Third: Legal books.
  8. Ahmed Abu Diya, Abdul Rahman Abu Arafa, and Aisha Ahmed, The Arab Integrity System For Combating the Corruption (Transparency International, Lebanese Center for Studies in Lebanon | 2004).
  9. Dr. Ahmed Mohamed Abdel Hadi, Administrative Deviation in Developing Countries (Alexandria Center for Books, Alexandria | 1997).
  10. Dr. Ahmed Mahmoud Nahar Abu Suwailem, Combating Corruption (Dar Al-Fikr, Amman, 1st ed | 2010).
  11. Dr. Mahmoud Mohamed Mu'abara, Administrative Corruption and Its Treatment in Islamic Law ,A Comparative Study with Administrative Law, (Dar Al-Thaqafa | 2011).
  12. Anwar Al-Amrousi, Amjad Al-Amrousi, Crimes of Public Funds and Bribery Crimes, 1st ed(Dar Al-Fikr and Al-Jami'i, Alexandria | 1991).
  13. Amin Al-Sayed Ahmed Lutfi, Activating Corruption Review Mechanisms in Combating Fraud Corruption (Dar Al-Jamiah, Alexandria | 2009).
  14. Dr. Elias Abu Eid, Theory of Jurisdiction in Civil and Criminal Procedures(Zain Legal Publications, Beirut | 2004).
  15. Dr. Salem Muhammad Aboud: The Phenomenon of Administrative and Financial Corruption ,A Study in the Problem of Administrative Reform and Development,(Dar Al-Doctor for Sciences, Baghdad | 2008).
  16. Sa’ida Al-Kilani, and Basem Sakjaha, Mediation in Jordan, the Public Secret(Al-Arabi Archives Foundation | 2002).
  17. Omar Khoury, Explanation of the Penal Code, General Section( University of Algeria 1, Faculty of Law | 2011, 2010).
  18. Dr. Muhammad Samer, Daghmash, Strategies for Confronting Financial and Administrative Corruption and Criminal Confrontation and the Effects of Financial Corruption, a Comparative Study, 1 st ed (Center Studies Arabic | 2018).
  19. Muhammad Ali Ibrahim Al-Khasbah: Financial and Administrative Corruption and Ways to Combat It(Arab Organization for Administrative Development | 2009).
  20. Dr. Muhammad Qasim Al-Qaryouti, Administrative Reform between Theory and Practice, 1st ed (Dar Wael for Publishing, Amman | 2001).
  21. Muhammad Majid Yaqout, Explanation of the Disciplinary Law for Public Service, 1st ed (Dar Al-Jamiah | 2009).
  22. Dr. Muhammad Sadiq Ismail, Administrative Corruption in the Arab (World for Training and Publishing | 2014).
  23. Dr. Hashim Al-Shammari and Dr. Ithar Al-Fatli: Administrative and Financial Corruption and Its Economic and Social Effects, 1st ed (Dar Al-Yazouri Scientific Publishing and Distribution, Amman | 2011).
  24. Fourth: Scientific Theses and Dissertations.
  25. Amjad Nazim, the Integrity Commission's specialist in investigating and investigating corruption cases Governmental, Master's Thesis(College of Law, University of Babylon | 2010).
  26. Muhammad Hamid Abd: The crime of employee harming public and private funds and interests (comparative study), Master's Thesis(College of Law, Al-Mustansiriya University | 2007).
  27. Fifth: Research and Periodicals
  28. Ahmad Al-Asfar, Ethical Controls and Administrative Corruption in Public Institutions( Arab Journal of Security Studies and Training, Riyadh, Naif Arab Academy for Security Sciences, Volume 16, Issue 32 | Year 2001).
  29. Dr. Ismail Al-Baderi, Administrative and Economic Corruption, Its Causes and Treatment, Research Submitted to the Legal Conference (College of Law, University of Karbala | 2008).
  30. Alaa Hamid, A Vision of Corruption(Research Published in Al-Naba Magazine, A General Monthly Cultural journal Issued by Al-Naba Foundation for Culture and Media, Issue 80, Baghdad | Year 2006).
  31. Kenneth Kernighan, Ethics of Public Service, translated by Muhammad (Journal of the Arab Organization for Administrative Sciences, Cairo. Qasim | 1983).
  32. Mudarris Ali Sakr Abboud, Analysis of the Images and Causes of Financial and Administrative Corruption, a Survey Study of a Selected Sample in Diwaniyah Governorate (Al-Qadisiyah Journal of Administrative and Economic Sciences,Volume 12, Issue 1| 2010)
  33. Daoud Khairallah, Corruption as a Global Phenomenon and a Mechanism for Controlling It (Al-Mustaqbal Al-Arabi Journal, Beirut Issue 309, November | 2004) .
  34. Sixth: Websites:
  35. Hanaa Yamani: Administrative Corruption and Its Treatment from an Islamic Perspective, a Research Published on the Website www.islamic.com.
  36. Seventh: Laws of the Revolutionary Command Council (Disintegrated).
  37. Resolution of the disintegrated Revolutionary Command Council No. 703 of 1993 amending Resolution No. 160 of 1983.
  38. Resolution of the disintegrated Revolutionary Command Council No. 1219 of 1984.
  39. Resolution of the disintegrated Revolutionary Command Council No. 38 of 1993.
  40. Resolutions of the disintegrated Revolutionary Command Council Nos. 103 of 1995 and 41 of 1998 265 of 1999.
  41. Eighth: Reports.
  42. Annual Report on Bribery, Report, 2007.
  43. Semi-annual Report of the Federal Integrity Commission for the year 2021.
  44. Ninth: Agreements and Conferences.
  45. United Nations Convention against Corruption under Law No. (35) of 2007.
  46. Basyouni Raafat Al-Tayeb, Administrative Corruption, Ninth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in Cairo, May, 1995.
  47. Tenth: Constitutions and Laws.
  48. Egyptian Penal Code No. (58) of 1937 as amended.
  49. Illicit Gains at the Expense of the People Law No. (15) of 1958 in force.
  50. Iraqi Penal Code No. (111) of 1969 as amended.
  51. The Iraqi Constitution of 1970, repealed.
  52. Iraqi Criminal Procedure Code No. (23) of 1971 as amended.
  53. The Civilian Workers Law of the State No. (47) of 1978, repealed.
  54. The Discipline Law of State and Public Sector Employees No. (14) of 1991 as amended.
  55. Regulatory Law No. (55) of 2004.
  56. Iraqi State Law for the Transitional Period of 2004.
  57. The Iraqi Constitution of 2005.
  58. Code of Conduct for State, Public Sector and Private Sector Employees No. (1) of 2006.
  59. Code of Conduct for State, Public Sector and Mixed Sector Employees No. (2) of 2006.
  60. Iraqi Integrity Commission Law No. (30) of 2011.
  61. Fifth Amendment Law to the State Shura Council Law No. (17) of 2013 as amended.
  62. Civil Service Law No. (81) of 2016.
  63. Lebanese Corruption Whistleblower Protection Law No. (83) of 2018.

Author

Majid Hamdi Omar

Identifiers

DOI: 10.33899/alaw.v26i95.63591

Download this PDF file
##submission.supplementaryFiles##
PDF

Statistics

Copyright and Licensing
Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.