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مدى فعالية القانون الاقتصادي العام في تنظيم النشاط الاقتصادي والمالي للدولة
https://doi.org/10.23918/ilic9.55
Keywords: General Economic Law, Financial Policies, State Intervention
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PROCEEDINGS OF 9th INTERNATIONAL LEGAL ISSUES CONFERENCE
Faculty of Law, Tishk International University
Date:27-28. February 2025
Venue: Kurdistan Region- Erbil, Iraq
ISBN: 979-8-9890269-3-7
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Ahmed Nouh Taha
Dohuk polytechnic University
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Abstract
The law is linked to the economy and public finance in form and substance, as each of them seeks to achieve justice and work to achieve balance in the state in its own direction. If the general economy seeks to achieve justice in distributing the burdens of public expenditures on all individuals, and in approximating their income levels in a way that achieves justice in the economic and social aspects in a real way, then the law sets the societal frameworks that ensure the correct application of these goals.
This research answers the questions raised by the problem of the study in the fields of public economic and financial law, through the mechanism of legal regulation in legislating legal rules regulating the economic and financial activity of the state, and in terms of positive and binding intervention to achieve the desired goals in economic development. The free market economy, which means non-interference and support for free trade and competition, does not eliminate the need for the state to intervene in economic affairs through its effective tools, the most important of which is economic and financial legislation. The state cannot remain neutral in the economy, and this is highlighted by legislation in all its forms issued by the state according to the economic conditions in which it is implemented, provided that it does not affect the rights of individuals to freely practice their economic activity. When the legislative authority works to legislate a specific law related to the economic or financial aspect, it must take into account the economic and financial reality of the country. It takes from those facts and follows them, otherwise the legal rule will be devoid of its content. If the project takes into account the economic facts when it establishes the legal rule, it can also influence those facts with its power of coercion and compulsion. Imposing a tax on a commodity leads to raising its price, which is reflected in determining choices, and determining agricultural ownership leads to a change in the pattern of income distribution, and imposing customs protection leads to the establishment of industries that would not have existed without that protection. All of this includes an impact on economic facts through legislation, and the issue in this area is not related to the ability of the legislative authority to influence, as this is a given, but rather its awareness of the significance of influence, as well as the outcomes that result from its legislation in the future.
قائمة المصادر
المصادر العربية
الكتب: –
البحوث والمجلات العلمية
التشريعات والقوانين
المواقع الالكترونية