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[size=52]Professors in financial and constitutional law: salaries are insured and will not be interrupted[/size]
[size=45]Baghdad/Bright news[/size]
[size=45]Professors specialized in financial and constitutional law denied the possibility of the state stopping paying salaries at the end of the current year, stressing that the legislation in force obliges the state to continue spending on all its facilities even in the absence of a budget for more than a year.[/size]
[size=45]Politicians had published tweets and press statements in which they warned of the state's inability to pay salaries at the end of the current year, on the grounds that the Financial Management Law allows for the payment of expenses for one year if the budget is absent, and that does not extend for another year.[/size]
[size=45]In an interview with Al-Mada, Professor of Financial Legislation at the University of Mosul, Qabas Al-Badrani, said that "Financial Management Law No. (6) of 2019 (amended) regulated the budget preparation process, what it includes, and the cases that may occur there."[/size]
[size=45]Al-Badrany added, “The third chapter of this law consists of several articles, including Article 13, which stipulates two cases. The first is the delay in approving the budget beyond the date set before December 31.”[/size]
[size=45]She indicated, "The solution is through the Minister of Finance to issue a circular according to which he will spend monthly on the basis of the budget for the previous year."[/size]
[size=45]Al-Badrany reported, "The law allows spending according to this mechanism until the approval of the federal budget, and this means that there is a legal extension even if the approval of the budget continues to be disrupted."[/size]
[size=45]Al-Badrany stated, "The second case, referred to by the law, is the failure to approve the budget for a full fiscal year, and in this case the final financial statements for the previous year are the same as for the year that did not witness the approval of the budget."[/size]
[size=45]And she stressed, "The last budget approved in Iraq is for the year 2021, and therefore its data is approved on the basis of exchange, and the Minister of Finance in this case does not need approval, but merely issues a circular, and these data are submitted to the House of Representatives for the purpose of approval."[/size]
[size=45]Al-Badrany went on to say, “No country in the world can dare to stop public spending, especially current expenditures such as salaries, maintenance, and daily and monthly exchange, and therefore the law in force allowed for monthly spending to be repeated on the basis of the 2021 budget in 2023.”[/size]
[size=45]For his part, Professor of Constitutional Law at Al-Mustansiriya University, Wael Munther, stated in a statement to (Al-Mada), that “the claim that Article 13 of the Financial Management Law cannot be applied to the next year is incorrect.”[/size]
[size=45]Munther continued, "Those who support this trend have interpreted the article literally, which is incorrect, and said that the exchange on a monthly basis according to the previous budget is for one year only."[/size]
[size=45]He pointed out, “Adherence to this literal interpretation contradicts the principle of the permanence and continuity of the state, especially when we are under a caretaker government with daily tasks.”[/size]
[size=45]Munther believes that “the interpretation closest to the legal reality is to rely on the monthly percentages of the closest approved budget if the fiscal year in which we are in did not witness the adoption of a budget.”[/size]
[size=45]He stressed, "It is incorrect to say that salaries will stop at the end of the current year, because the budget has not been approved for two consecutive years."[/size]
[size=45]Munther concluded, “The government should be committed to paying salaries and spending from the operating budget, because we are facing a basic principle on which the state is based, which is the principle of permanence and continuity of the public utility represented by the state.”[/size]
[size=45]In turn, the resigned MP from the Sadrist bloc, Ali Hussein Al-Saadi, said in a statement received by Al-Mada, "We are paid from time to time by paid trumpets whose purpose is to mislead public opinion in a desperate attempt to spread malicious rumors to achieve suspicious goals."[/size]
[size=45]Al-Saadi added: "A media statement was recently issued by one of those trumpets, warning against stopping the payment of employee salaries on the pretext of delaying the formation of the government."[/size]
[size=45]He stressed, "The salaries of the employees are secured and their disbursement cannot be stopped in any way, even if the government is not formed or the general budget of the country is approved."[/size]
[size=45]He pointed out, "The possibility of disbursing salaries and managing the rest of the state's affairs through the effective financial management law, which the country is following, according to the principle of 1/12 disbursement."[/size]
[size=45]Al-Saadi went on to say that "past years witnessed the disbursement of employee salaries, despite the absence of a budget, as well as this year with the current caretaker government."[/size]
[size=45]It is noteworthy that Iraq was unable to approve the budget for the current year, with expectations that this will be suspended for more time due to the delay in forming the government.[/size]
[size=45][You must be registered and logged in to see this link.]
[size=52]Professors in financial and constitutional law: salaries are insured and will not be interrupted[/size]
[size=45]Baghdad/Bright news[/size]
[size=45]Professors specialized in financial and constitutional law denied the possibility of the state stopping paying salaries at the end of the current year, stressing that the legislation in force obliges the state to continue spending on all its facilities even in the absence of a budget for more than a year.[/size]
[size=45]Politicians had published tweets and press statements in which they warned of the state's inability to pay salaries at the end of the current year, on the grounds that the Financial Management Law allows for the payment of expenses for one year if the budget is absent, and that does not extend for another year.[/size]
[size=45]In an interview with Al-Mada, Professor of Financial Legislation at the University of Mosul, Qabas Al-Badrani, said that "Financial Management Law No. (6) of 2019 (amended) regulated the budget preparation process, what it includes, and the cases that may occur there."[/size]
[size=45]Al-Badrany added, “The third chapter of this law consists of several articles, including Article 13, which stipulates two cases. The first is the delay in approving the budget beyond the date set before December 31.”[/size]
[size=45]She indicated, "The solution is through the Minister of Finance to issue a circular according to which he will spend monthly on the basis of the budget for the previous year."[/size]
[size=45]Al-Badrany reported, "The law allows spending according to this mechanism until the approval of the federal budget, and this means that there is a legal extension even if the approval of the budget continues to be disrupted."[/size]
[size=45]Al-Badrany stated, "The second case, referred to by the law, is the failure to approve the budget for a full fiscal year, and in this case the final financial statements for the previous year are the same as for the year that did not witness the approval of the budget."[/size]
[size=45]And she stressed, "The last budget approved in Iraq is for the year 2021, and therefore its data is approved on the basis of exchange, and the Minister of Finance in this case does not need approval, but merely issues a circular, and these data are submitted to the House of Representatives for the purpose of approval."[/size]
[size=45]Al-Badrany went on to say, “No country in the world can dare to stop public spending, especially current expenditures such as salaries, maintenance, and daily and monthly exchange, and therefore the law in force allowed for monthly spending to be repeated on the basis of the 2021 budget in 2023.”[/size]
[size=45]For his part, Professor of Constitutional Law at Al-Mustansiriya University, Wael Munther, stated in a statement to (Al-Mada), that “the claim that Article 13 of the Financial Management Law cannot be applied to the next year is incorrect.”[/size]
[size=45]Munther continued, "Those who support this trend have interpreted the article literally, which is incorrect, and said that the exchange on a monthly basis according to the previous budget is for one year only."[/size]
[size=45]He pointed out, “Adherence to this literal interpretation contradicts the principle of the permanence and continuity of the state, especially when we are under a caretaker government with daily tasks.”[/size]
[size=45]Munther believes that “the interpretation closest to the legal reality is to rely on the monthly percentages of the closest approved budget if the fiscal year in which we are in did not witness the adoption of a budget.”[/size]
[size=45]He stressed, "It is incorrect to say that salaries will stop at the end of the current year, because the budget has not been approved for two consecutive years."[/size]
[size=45]Munther concluded, “The government should be committed to paying salaries and spending from the operating budget, because we are facing a basic principle on which the state is based, which is the principle of permanence and continuity of the public utility represented by the state.”[/size]
[size=45]In turn, the resigned MP from the Sadrist bloc, Ali Hussein Al-Saadi, said in a statement received by Al-Mada, "We are paid from time to time by paid trumpets whose purpose is to mislead public opinion in a desperate attempt to spread malicious rumors to achieve suspicious goals."[/size]
[size=45]Al-Saadi added: "A media statement was recently issued by one of those trumpets, warning against stopping the payment of employee salaries on the pretext of delaying the formation of the government."[/size]
[size=45]He stressed, "The salaries of the employees are secured and their disbursement cannot be stopped in any way, even if the government is not formed or the general budget of the country is approved."[/size]
[size=45]He pointed out, "The possibility of disbursing salaries and managing the rest of the state's affairs through the effective financial management law, which the country is following, according to the principle of 1/12 disbursement."[/size]
[size=45]Al-Saadi went on to say that "past years witnessed the disbursement of employee salaries, despite the absence of a budget, as well as this year with the current caretaker government."[/size]
[size=45]It is noteworthy that Iraq was unable to approve the budget for the current year, with expectations that this will be suspended for more time due to the delay in forming the government.[/size]
[size=45][You must be registered and logged in to see this link.]
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