Protecting public funds in the Libyan legal system

Abstract

This study aims to highlight the legal system of public funds that is mentioned by provisions of Libyan law through two axes, the first axis is related to the legislative system of how to use public fund; the second axis is concerned of constitutional, civil and criminal protection of this fund. In this study, we tried to highlight the importance of protecting public funds as it is specially concern the Libyan legislation in every stage of development of the Libyan state, this concern represented in rules and provisions that are drafted to protect the allocation rule of the public interest, thus, protection of such funds is a protection of the economic activity of the state. What reflects the importance of legal protection of the public funds in the Libyan legislation is those constitutional provisions stipulated in this regard, this gives us the idea that the Libyan legislation has raised the level of public fund protection to the level of constitutional provision, while all divisions of the high court (Administrational, civil and criminal) has acknowledged that the legal protection system which is mentioned in Article 87 of the civil law and revised by law number 138 of 1970 which states that no disposal, seizure or possession is valid by obsolescence but only applicable with public funds.