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Service contracts .. A strategic option for the advancement of Iraqi infrastructure
02/8/2018 12:00 am [rtl]Yacoub Yousuf Shunya Service contracts represent a strategic option for the advancement of Iraqi infrastructure. Infrastructure means the service structures needed to run the economy and sustain the improvement of the conditions of community life ... Thus, it includes the basic facilities and services that provide the services required by the community in addition to the main advantage of these contracts is the implementation of development plans funded by the private sector ... It also indirectly helps the state to overcome the political and terrorist crises that may be exposed to it as the major countries usually intervene to help to prevent the danger of projects implemented under the slogan of protecting the interests of companies in the country. This is justified because it is necessary to achieve a suitable profit for the executing company at an agreed rate with the host government of the project. Usually, the pricing of the service with the approval of the host government is based on the basis of the services provided by the government. Cost plus the agreed profit rate ... and certainly this percentage of profit is much less than the cost of corruption usually. It also requires the granting of the right of monopoly to the concessionaire at the expense of users of the service, which requires the existence of a supervisory and supervisory body to follow the contracting party in terms of moderation of price and performance of service specifications agreed upon ... Such contracts usually refer to the controls to be observed and in the interests of all parties ( State - concessionaire - Citizen) The controls agreed upon periodically are updated according to the developments in view of the length of the concession period.In the light of the conditions experienced by the electricity sector during the past fifteen years and the suffering faced by the economy and the Iraqi citizen in terms of the high cost of electricity to benefit from the electricity bill list of national electricity fees and the wages of amperes for generating private sector and the cost of gasoline purchased for the operation of personal generator If necessary, the pricing of the investor service contract will be much lower than the costs currently paid with better service away from interruptions and damage to electrical appliances that are part of the economy the National . The role of the public and private sectors States generally felt their responsibility towards their citizens in providing the required services to conduct their affairs in various fields of life within the borders of the state and work to sustain and improve the conditions of community life in accordance with the available material and human resources ... Some cases emerged for the establishment of strategic projects It requires great human and material potential beyond the potential of the state, which necessitates resorting to third parties (countries and foreign businessmen) to achieve them (model 1). Or the state is considering involving the private sector in implementing such projects to achieve integration between the public and private sectors DEMA (Sample - 2) Models of projects implemented in BOT format 1 - Suez Canal The canal is known as the 165 km long industrial waterway between Port Said on the White Sea and Suez on the Red Sea. Its purpose is to allow ships from the Mediterranean countries, Europe and America to cross over to Asia as an alternative to the old long road through the Cape of Good Hope. The Canal Ten Years (1859 - 1869) In 1847, after many studies, the idea of the possibility of digging a channel connecting Bahrain without any maritime tyranny (based on the fact that the Red Sea level was higher than the level of the waters of the White Sea) matured. However, the State did not have the technical and material potential to achieve that. The relevant businessmen shall apply to the Sultan to obtain the approval. In 1854, Sultan Mohamed Said Pasha, the ruler of Egypt, issued a concession contract to the Suez Canal with a 99-year concession from the opening date of the canal, and England strongly opposed the project for fear of its interests in India. In 1856, two documents were issued: the concession contract and the company's basic law, according to which the Egyptian labor force would be 80% of the total employment used in the drilling. In September 1858, the Suez Canal Company was subscribed to 400 thousand shares. After that, the company was established and its board was formed on 25/4/1859. The channel was inaugurated with 100 workers, which were gradually increased to reach 10,000 workers per day. The channel was opened on September 16, 1869 (after ten years of work, and continued to work in accordance with the contract between the Egyptian government and the businessmen implementing the project, until nationalization in 1956 during the reign of President Gamal Abdel Nasser. In the nineteenth century there was no definition or knowledge of service contracts, but just ordinary contracts. As far as the contract of the Canal and the review of its articles after a period of time it was noted that to a large degree similar to the formula BOT contracts to be classified by researchers in this group, In many contracts. 2 - Tunnel Tunnel Tunnel or tunnel tunnel (Channe tunnel) is a long tunnel with a border of 25,50 kilometers linking French territory on a British island equivalent to 4.31 miles .. Depth 100 meters below sea level / budget about 105 billion French francs equivalent to 16 billion It is a sub-sea tunnel linking the United Kingdom and France, the longest underground tunnel in the world and the second longest tunnel in the world. World (Sikkan in Japan). In the light of the feasibility studies prepared by the businessmen involved in the project, the approval of the British and French governments to implement the project by businessmen of the private sector in the two countries without any contribution by the two countries. Construction began in 1988 and by 1994 the use of the tunnel for railway passenger services connecting London, Paris and Brussels, as well as freight services, was implemented. The BOOT (build-operate-transfer-build) was officially opened by the Queen of England And the French President Sittran in 1994. The position of Iraqi law on service contracts The Iraqi Civil Code No. 40 of 1951, in some of its articles, dealt with provisions of general rules applicable to cases similar to those discussed in relation to service contracts. Articles 891-899 referred to the obligation of the public utilities to conclude a contract between the government and an individual or company entrusted with the exploitation of the facility for a limited period of time required by law, specifying the contractual ties between the facility owner and his clients and achieving full equality between its clients in services or in the payment of wages Price definitions have the force of law that contractors can not agree to disagree with. In addition to that referred to in Article 1266 regarding the right of marsatah as an inalienable right authorizing the establishment of building or facilities on the land of others in accordance with an agreement between him and the owner of the land and this agreement defines the rights of accommodation and obligations. The subsequent article 1267 indicated that the period can not exceed the maximum length of 50 years In case of failure to determine the duration ... Both the land and the owner of the land to terminate the contract after three years from the time of notification ... Article 1270 has indicated that the ownership of the building and other facilities at the end of the right of Musataha transferred to the owner of the land to pay the flat worth worth to take off If there is no other condition . Obtain binding instructions What we have mentioned in the articles related to service contracts referred to in the Iraqi Civil Code of 1951 and others, these materials are not meet the legal and regulatory requirements to cover service contracts in the new broad concept, it must be issued a law of its own and to avoid the delay that accompanies the issuance of laws in Iraq, Binding instructions are being put in place pending the passage of a law dealing with this type of contract. The important thing is to start service contracts immediately in light of the infrastructure provided in Iraq and the proposal presented is the best option for processing.[/rtl] [rtl][You must be registered and logged in to see this link.] [/rtl] |
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