الفراغ التشريعي في احكام المناقصات العامة في العراق == Legislative Vacuum In The Provisions Of Public Tenders In Iraq
Author name:
محمد سالم لهيمص
Supervisor name:
صعب ناجي عبود
General topic:
Law
Specific topic:
Administrative Law
Degree:
Master
University:
Mustansiriyah University - Faculty Of Law - Department Of Public Law
Language:
Arabic
University location:
Baghdad
First pages:
13T1511 - p.pdf
Abstract:
الفراغ التشريعي او كما يطلق عليه اسم النقص التشريعي او الفجوات او الثغرات او القصور او السكوت او الاغفال التشريعي هي الحالة التي لاتجد فيها الادارة او القاضي نصا تشريعيا ينطبق او يعالج الاجراءات التعاقدية بمراحلها المختلفة او حالة النزاع المعروض امامها | Legislative vacuum or as it is called Legislative shortage or legislative gaps or gaps or deficiencies or legislative silence is the case in which the administration or the judge do not find a legislation which applies or addresses the contracting procedures in its addresses stages or the case of a dispute before in front of it or they may find a legislative text but this lacks clarity or it might contain the defects of legislative drafting in the necessary detailed provisions to be applied. Therefore the vacuum is one of defects in the legislative drafting. It is recognized that the idea of the legislative vacuum in the law in general is one of the defects that can be attributed to the legislation, which reflected negatively on the overall material facts addressed by the legislation. Its impact would be more severe in the subject of public tenders as one of the methods utilized by the administration to make contracts with the best bids submitted by bidders in accordance with the technical specifications and financial declared and conditions of before, because of the size of the financial obligations incurred by the administration to third parties from hand, and the desire to work towards greater financial surplus to the public treasury and ensure the implementation of the contract the best technical conditions on the other hand. Therefore, the study addressed this issue in accordance with the plan is divided into four chapters, we dealt with in the introductory chapter the concept of the legislative vacuum and disadvantages of legislative drafting and we dealt with in the first chapter concept public tenders, and then a copy legislative vacuum in the preparatory phase of the tenders and borne out pragmatic and practical reality of phases financial provision of legal and ear contract, as well as pictures legislative vacuum in the economic and technical feasibility and the preparation of the cost of speculative study as well as the announcement of the tender stage. We dealt with in Chapter II with the legislative vacuum in stages tender selection best conditions and of phase receipt and opening of tenders and the stage of analysis and scrutiny of tenders as well as referral and conclusion of the contract stage, and after we finished the diagnosis of kinks in the provisions of public tenders had to be put processors in which they can fill legislative vacuum by the three authorities, including the legislative power of the role of parliament in enacting laws, as we dealt with the role of executive authority in bridging the legislative vacuum through the issuance of regulations (regulations) Management of all kinds as well as the role of the State Council in the preparation and drafting legislation projects related ministries or departments not related to the Ministry as well as his role in the audit of all the legislative projects submitted by ministries, including contributing to the unification of legislative rules and ensure that its legislation in accordance with the correct scientific and legal contexts on the other hand we dealt with the role of the judiciary in bridging the legislative vacuum
