العقود الادارية المستحدثة ودورها في تنظيم المرافق العامة الضرورية في العراق : دراسة مقارنة == Administrative Contracts Developed And Its Role In Organizing The Necessary Public Facilities In Iraq Comparative Study
Author name:
ستار جبار شلاش البدري
Supervisor name:
وليد مرزة حمزة المخزومي
General topic:
Law
Specific topic:
Administrative Law
Degree:
Master
University:
University of Baghdad - Faculty Of Law - Department Of Public Law
Language:
Arabic
University location:
Baghdad
First pages:
13T1468 - p.pdf
Abstract:
تهدف الدراسة الى ابراز اهمية هذا النوعين من العقود في تطوير المرافق العامة الضرورية للدولة بوصفهما من الخيارات المهمة لها لحل المشاكل الناجمة عن تشييد وادارة المرافق العامة الاساسية فيها طبقا للتعاقد بموجب الاساليب التعاقدية التقليدية، وذلك لما لها من ق | The research aims to identify the significant of these two types of contracts to develop the necessary public utilities of the country which describes as an important option for it to solve the problems that results from establishment and management the essential public utilities according to traditional contract methods as well as the ability that it have to provide large financial abilities and high technology especially the monopolized by specialized companies , this matter pushed most of countries especially the private sector to access as an important participant in operating the large projects to move the economic development of it. From here the idea of modern management contracts is come to stimulate in order encourage the specialized management parties in the country to follow this kind of contracts , since it depends on the available theoretical information of methodologies that associated with the general concepts and identify the concept of modern management contracts ,analysis of issued laws and the regulated party and apply what related with major projects which had operated according to modern management contracts, considering the comparative approach of some countries that dealt with this kind of management contracts. The most important results that have been concluded is despite the important of applying this kind of contracts but it didn’t get legal regulation in Iraq until now although the increase its importance for project requirements either in substratum or industrial projects required to achieve economic development such as this financial modern modules , also applying this kind of contracts led to process confusions due to traditional contracts in agreement , such as the invest of projects when there is lack of government budget and shortening in processing the operation of projects that government has connived the government for local company or directed fulfillment , in addition to the lack of experts and the weakness of public technology the required for set these projects plus to financial and management corruption that associated with traditional management contracts. The most important recommendations is set private law to regulate tow contracts (B.O.O.T) and (PPP) separately or to implying them in one act that involves the all contracts whereas the private sector is one of their parties such as in Egypt , includes financial , management and technical aspects , in addition to set plan with projects that suggested to set according to these two types of contracts and prepared perfectly to study the feasibility and technical one plus to prepare national mangers the able to deal with this type of modern management contract.
