Legal adjustment of the fine within the scope of administrative contracts and administrative rulings

Abstract

Abstract: There is no distinction between the types of fines within the scope of contracts, whether administrative or civil, or within the scope of administrative decisions for countries that adopt a unified judicial system. As for countries that adopt a dual judicial system, that is, in which there are two administrative judiciary and a civil judiciary, the distinction appears clear. Within the scope of civil contracts, it is called (The threatening fine), which is subject to the rules of private law. The fine is within the scope of government contracts and is called the (delayed fine) and is subject to the instructions for implementing government contracts for the year 2014. The fine is within the scope of administrative rulings and is called the (threatening fine) because it is related to an appeal against an administrative decision. Then a ruling was issued to cancel this administrative decision. The types of fines are not limited to what was specified in our research, as some examples of the types of fines were taken according to the diversity of the authority issuing the fine. Despite the overlap and similarity between the types of fines, it is possible to establish a specific standard for distinguishing between them, as there are several criteria for distinguishing the types of fines, whether within the scope of contracts, administrative decisions, or judicial rulings. Based on this, the legal nature of each of them differs according to the organic standard that depends on the authority. Issued a fine. © 2023 TUJR, College of Law, Tikrit University