Legal methods to obtain the guarantee amount from the guaranteed employee

Jaafar, Omar Musa

doi:10.37651/aujlps.2024.155310.1401

	Legal methods to obtain the guarantee amount from the guaranteed employee
Journal of Anbar University for Law and Political Sciences
Article 27, Volume 15, Issue: 1 part 1, March 2025, Pages 774-795 PDF (731.68 K)
Document Type: Research Paper
DOI: 10.37651/aujlps.2024.155310.1401
Author
Omar Musa Jaafar^*
University of Diyala / College of Law and Political Science / Department of Law
Abstract
Inclusion is one of the privileges granted to the Department. The legal basis for inclusion is the Law on Inclusion No. (31) of 2015. The legislator in the Law on Inclusion identifies the competent authorities to include the employee according to specific procedures. to ensure the protection of public funds and to prevent the administration from arbitrariness and deviation in the use of power، The legislator granted the administration the power of inclusion in order to expedite reparation for damage to the State's public funds This authority is not absolute but is surrounded by restrictions and procedures provided for in the Embedding Act No. 31 of 2015، to ensure that the Administration does not arbitrarily use this authority and does not deviate from it. and management exercises this privilege through a therapeutic and preventive role As the employee's accountability and obligation to compensate for damages incurred by public funds is a remedy to the reality of damages، The preventive role would prevent the recurrence of this role in the future، whether by the staff member included or by others who begs himself to harm public funds. On this basis، it can be said that the inclusion eliminates the offence before it is committed. The sums of the inclusion are obtained either satisfactorily or compulsorily.
Keywords
inclusion; employee; public funds

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