The Legal Nature of the Activities of Iraq’s Unified Electronic Platform for Government Advertisements, Tenders, and Public Procurement: A Comparative Analytical Study in Light of Commercial Intermediation (Brokerage and Commercial Agency(

Abstract

This study examines the legal nature of the activity of the Unified Electronic Platform for Government Announcements, Tenders, and Procurement in Iraq in light of commercial intermediation activities, namely commercial brokerage and commercial agency. The study aims to determine the appropriate legal characterization of this activity by assessing whether it constitutes commercial brokerage, commercial agency, or an activity of a special legal nature, as well as to identify the legal effects arising from such characterization.

The research adopts a descriptive–analytical methodology combined with a comparative analytical approach to examine the conceptual and legal framework governing the activity of the Unified Electronic Platform. It evaluates the extent to which the legal characterization of commercial intermediation activities (commercial brokerage and commercial agency) applies, or does not apply, to the platform’s activity in accordance with the provisions of commercial law, administrative law, and comparative legal doctrine.

The study concludes that the activity of the Unified Electronic Platform for Government Announcements, Tenders, and Procurement in Iraq does not fall within the scope of commercial intermediation activities, due to the absence of the elements of commercial independence and profit motive. Accordingly, the prevailing legal characterization of the platform’s activity is that of a special electronic administrative regulatory activity, the purpose of which is to organize and unify government procurement and contracting procedures without intervening in the final award decision or the contractual process itself.

Furthermore, the study clarifies the legal implications resulting from characterizing the platform’s activity as a special electronic administrative regulatory activity. These implications include the subjection of such activity to the rules of administrative liability, the determination of the legal status of platform users (government entities and commercial entities) as regulatory rather than contractual legal positions, the legal probative value of the procedures conducted through the Unified Electronic Platform, and the jurisdiction of the administrative judiciary to adjudicate disputes arising from this activity.

In conclusion, the study presents a set of findings and recommendations that contribute to the development of a comprehensive legal framework for the establishment and regulation of digital government platforms, in a manner that enhances legal certainty for their users and aligns with the requirements of the transition toward e-government and the unification of its procedures.