(Inclusion Error (A Study In The Light Of Inclusion Law No. 31 of 2015

Abstract

Public money is one of the sanctities that the constitution requires to protect and make it a mandate for every citizen, and it is a foremost matter that this assignment is the duty of the public servant and the one assigned to a public service, and as a result, the legislator enacted the Inclusion Law No. 31 of 2015, which took it upon himself to bestow protection on money In order to ensure the speedy procedures taken by the administration instead of resorting to the civil courts, this is done by procedures taken by the administration surrounded by administrative and judicial guarantees to ensure its impartiality in order to achieve the desired goal of protecting public money and deterring anyone who tries to tamper with it.  

The importance of research in this matter is highlighted by the fact that it is related to the funds used by the state to finance its activities through which it seeks to satisfy the renewable needs of the citizen. Public service officer.

The problem of the research lies in the fact that the legislator, when enacting this law, did not take into account the difference between a deliberately committed mistake and an unintentional mistake, and this represents a shortcoming in the legislation because it did not differentiate between the good-intentioned and the bad-intentioned erring actor in terms of the penalty based on the civil liability of reparation for the damage, however, this may The payment of whoever begged himself to benefit from public money, especially since the law has permitted the recovery of amounts in installments for the perpetrator who caused damage to public money, whether he was in good faith or bad faith, in addition to that the legislator did not differentiate between types of error, and what criterion did the legislator adopt in implicating whether it is a tool For deterrence, or is it for reparation, or both? Through the research, we will try to answer those questions and what is raised during the research.                                            

This topic will be researched through the descriptive analytical approach in three demands, the first: to indicate the types of error that lead to inclusion, and the second requirement: to indicate the forms of error that lead to inclusion, and the third requirement: to clarify the cases of absence of the error that leads to inclusion .                                                                            

At the end of the research, a number of conclusions and recommendations that answer the problem of the research will be presented, along with proposing legislative solutions.