Decisions And Jugments Issued By The Federal Supreme Court

Constitutional Interpretation - 2021

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A- (The legislator’s goal in legislating Paragraph (Third) of Article 32 of the amended Execution Law No. 45 of 1980 is to find a new mechanism within the means of forced execution through which the financially able debtor who is procrastinating is forced to implement, and not leave the opportunity before him to prolong the period of repayment of the debt or to smuggle its money).
B - (What was stated in Paragraph (Third) of Article 32 of the Amended Implementation Law No. 45 of 1980 does not conflict with the principles and provisions of Islam stipulated in Article (2/1st/A) of the Constitution of the Republic of Iraq for the year 2005, as it does not conflict with the rights and freedoms stipulated therein that are guaranteed to all).
C- (What was stated in Paragraph (Third) of Article (32) of the Execution Law No. (45) of 1980 as amended, is an effective means to preserve public money by notifying those who have been owed a debt to the state for any reason whatsoever, that they can be imprisoned for a period not specified until a guarantor is presented, as a guarantee for the payment of those debts).
D- (The necessity for the implementation directorates to take into account what was stated in Article (15/Third) of Law No. (13) of 2019 the Sixth Amendment Law to the Execution Law No. 45 of 1980 as amended, and that state departments and the public sector in order to preserve public money are obligated to follow All legal means necessary to collect state debts owed by natural and legal persons for any reason, and among those ways is what is included in Article (32) of the Execution Law and all its paragraphs, especially that Article (1) of the Government Debt Collection Law specifies the debts covered by its provisions)

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