PROTECTING PUBLIC FUNDS ACCORDING TO THE GOVERNMENT TENDERS AND PROCUREMENT LAW OF 1440 AH IN THE KINGDOM OF SAUDI ARABIA
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Abstract
Researching this topic enables us to clarify the characteristics of the legal protection of public funds through the government tenders and procurement system, its advantages, and its effectiveness in confronting the challenges and violations to which these properties are exposed. Furthermore, addressing this topic is considered a contribution to the ongoing jurisprudential debate surrounding rules and regulations, especially since these public funds require the necessity of protecting them in a manner that ensures their continued performance of their functions in the required manner, achieving the public benefit and, consequently, the public interest. This is a question that is being urgently raised today, given the numerous violations to which these public funds may be exposed when individuals work to harm them and dispose of them without justification. The topic of public funds is also of paramount importance in terms of its connection to the growing activity of the state and the increase in its savings. This type of funds has become a tool for public authority intervention to achieve the public interest in various sectors comprising various areas of economic, social, and cultural life.
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References
- Mazen Radi Lilo, Administrative Law, Publications of the Arab Academy in Denmark, First Edition, 2008.
- Rajab Muhammad al-Sayyid al-Kahlawi, The Administrative System in the Kingdom of Saudi Arabia, First Edition, 1439 AH - 2018 AD.
- Nazir Muhammad al-Tayeb Awhab, The Protection of Public Funds in Islamic Jurisprudence, Center for Studies and Research at the Naif Arab Academy for Security Sciences, First Edition, 1422 AH - 2001 AD.
- Qutb Ibrahim Muhammad, The Financial Policy of the Prophet, Egyptian General Book Authority, 1988 AD.
- al-Bahi al-Khuli, Wealth under the Islamic System, Dar al-Qalam Publishing House, Kuwait, Fourth Edition, 1401 AH - 1981 AD.
Second: Academic Theses:
Halitim Al-Omari, "Public Funds and their Discrimination Criteria," a thesis submitted for a Master's degree in Law, unpublished, University of Mohamed Boudiaf, M'sila, Department of Law, Algeria.
Aya Nasser Aql, "Legal Protection of Public Funds in Palestinian Legislation," a thesis submitted for a Master's degree, Islamic University, Faculty of Sharia and Law, Gaza.
Saud bin Shabab Abdul-Ali Al-Shalawi, "Transparency and its Role in Reducing Administrative Corruption," 1437 AH, a thesis submitted in fulfillment of the requirements for a Master's degree in Social and Administrative Sciences, Naif Arab University for Security Sciences, Faculty of Social and Administrative Sciences.
Third: Academic Periodicals and Journals:
- Ansam Ali Abdullah, "The Legal System of Public Funds: A Comparative Study," Al-Rafidain Journal of Law, College of Law, University of Mosul, Issue 25, September 25, 2002.
- Abdul Rahim Taha, "Contract Announcement as a Requirement for Transparency in Concluding Supply Contracts," University of Jordan, Deanship of Scientific Research, Amman, Issue 2, Volume 44, Issue Date 2017.
- Hamza Khadri, "Preventing and Combating Corruption in the Context of Public Contracts," Algerian Journal of Political and Legal Notebooks, University of Kasdi Merbah, Ouargla, Issue 7, Issue Date 2012.
Fourth: Laws, Bylaws, and Judicial Rulings:
- The new Government Tenders and Procurement Law issued by Royal Decree No. (M/128) dated 11/13/1440 AH.
- The Executive Regulations of the new Government Tenders and Procurement Law issued by Cabinet Resolution No. 639 dated 11/13/1440 AH.
- The Executive Regulations of the previous Government Tenders and Procurement Law issued by Minister of Finance Resolution No. (362) dated 2/20/1428 AH.
- The Public Funds Direction Jobs Law, issued by Royal Decree No. (M/18) dated 2/23/1436 AH.
- The Municipal Real Estate Disposal Law, issued by Royal Decree No. (M/64) dated 11/15/1392 AH.
Fifth: Websites:
- The Kingdom's Vision 2030 website https://vision2030.gov.sa/ar.
- The Guidance Manual for the Government Procurement Process issued by the Ministry of Finance.
https://www.mof.gov.sa/Knowledgecenter/newGovTendandProcLow/Documents/Procurement%20user.pdf
Sixth: References in French:
_ DUFAU (Jean), Domaine public, protection juridique, Editions du juris-classeur 1998, Fascicule 406-10, p.2.
- VEDEL (Georges), Préface à la these of J. DENOYER, “L’exploitation of public domain”, L.G.D.J., Paris, 1969. cited in MORAND-DEVILLER (Jacqueline), Cours de droit administratif des biens, p.12.