الشفافية و دورها في القضاء على الفساد الإداري : العقود الادارية -الوظيفة العامة

الملخص EN

This study came on the subject of transparency and its impact on eliminating the phenomenon of corruption in administrative contracts and public office in accordance with the competition and government procurement system and its executive regulations and the civil service system and its executive regulations.

From announcing the tender, such as national security, cases of epidemics, or employment, such as reserved jobs, which are for considerations necessitated by the public interest that outweighs the interest of individuals, so this study raised a number of questions about the extent to which transparency is achieved and its role in eliminating administrative corruption from administrative contracts and public office? And the effectiveness of the systems in addressing them and filling their gaps? ; In order to answer this basic question and achieve the objectives of the study, this research was divided into an introductory topic and three chapters that dealt in the preliminary section with the concepts of transparency, its importance, requirements, the legal basis for it, and the textualization of international charters and treaties on them.

Then, in the first chapter, I dealt with administrative contracts in terms of their definition, pillars, characteristics, types, and means of achieving transparency in them, and that the Saudi competition system and its executive regulations in administrative contracts limited the phenomenon of corruption, starting from the preliminary stage and ending with the implementation stage of the administrative contract, and also by establishing a number of means to achieve transparency.

As the principle of transparency, confidentiality of bids, freedom of competition, preference for local content, and the creation of an electronic portal through which all government business and purchases are offered and announced to achieve free competition, and competition is not offered until after the availability of financial credits.

This indicates the understanding and ability of the Saudi regulator to achieve transparency; As for the second chapter, we discussed the public job, the concept of the public employee, the methods of joining the job, and the means to achieve transparency in its procedures before assuming the public job, and then following the policy of advertising it according to the method of competition; We were also exposed to achieving transparency after assuming the job, by regulating conflict of interest and combating corruption for the public employee in accordance with the Code of Conduct and Ethics for the Public Job, and for the employee with respect to the Regulation of Conduct and Ethics of Those in Charge of the Competition and Government Procurement System and its Executive Regulations, and the Regulation for Regulating Conflict of Interest for Those in Charge of the Competition System Government procurement and its executive regulations.

We also touched on the agencies concerned with combating corruption that enhance transparency, such as the Public Prosecution, the Control and Anti-Corruption Authority, and other agencies and units.

Finally, the third chapter contains the concepts and forms of corruption, considering that it undermines transparency and helps the emergence of crimes that impede development such as bribery, forgery, embezzlement, abuse of influence, and others; The study concluded with a number of results and recommendations; The most important of which is to expedite the issuance of regulations and legislation binding on the application of transparency and accountability in the private and public sectors that contribute to comprehensive development.