يتعرض قانون الموازنة العامة الاتحادية للطعن بعدم الدستورية كغيره من القوانين، بل أن الطعن فيه يكاد يكون سنوياً حال نشره في الجريدة الرسمية ، وتوجه إليه المطاعن بعدم الدستورية إما عن إجراءات تشريعه أو لمضامينه المتعارضة مع الدستور نصاً أو روحاً ، ولكنّه إذا كانت مدة الطعن بعدم دستورية القوانين كافة متاحة دون قيد زمني محدد ولا تتطلب سوى إجراءات إقامة الدعوى العامة وأخصها قيام شرط المصلحة في حالة الدعوى الدستورية المباشرة
The aim of the research is to present and discuss the subject of the budgeting estimates and how to activate the role of the Federal board of supreme audit in examining these estimates through reference to Articles 6 and 10 of the Federal board of supreme Law, which did not restrict Federal board of supreme in Preventive control on examination process for planning which is prepared from the government units, as the result of a large amount of government units Provisions and the weakness of estimates in most of its items, which rely on personal assessment and not based on scientific and logical basis of the estimate, which leads to the emergence of a deficit is not true in the general budget and this seems clear in most Iraq
... Show MoreThe constitutional judiciary has played an important role in promoting the separation of authorities in modern regimes. Their constitutions stipulated that there should be a separation of authorities so that each authority can exercise its functions in a manner that does not contradict the work of other authorities. Constitutional justice through the decisions issued by the constitutional judiciary through which the limits of its work is established and the introduction of the principle of separation of authorities from the elements of the legal state and also leads to the protection of the rights of individuals from any abuse may be issued by any authority.
And at the same time contributes to the process of the transfer of autho
... Show MoreIt is recognized, that the constitutional text is the binding rule for all persons of the state, whether rulers or ruled, with all the contents of the constitutional texts, and thus the three authorities; Legislative, judicial, and executive are bound by the content of these texts, as it is not possible for any of these authorities to confer their own visions and perceptions on the constitutional text, so it is necessary to return to the will of the constitutional founder, in order to clarify the meaning that he seeks by placing that text. This includes the content of Article (93/Third) of the Constitution of Iraq for the year 2005, which referred to the disputes that the Federal Supreme Court is competent
... Show Moreتعد الموازنة الأداة الأساسية لتنفيذ أولويات أية دولة، ويتوجب النظر إليها في ضوء المناخ الاجتماعي والسياسي والاقتصادي، لأنها تساعد في توجيه الاقتصاد لتحقيق النمو ورفع مستوى الرفاهية. اعتمدت وزارة المالية في أعداد الموازنة السنوية بعد 9/4/ 2003 أسلوباً مغايراً لما كان معتمداً في العقود الماضية، إذ كانت هناك موازنتين الأولى الموازنة الجارية، والثانية الموازنة الاستثمارية رغم وجود قانون يحتم إصدار موازنة
... Show MoreThis Research Deals With The Public and Private Aspects of Constitutional Reform in Iraq, and its focuses on The Organic and Substantive aspects of The Federal Supreme Court by harmonizing The Constitutional Texts with The Provisions of the Federal Supreme Court Law No. 30 of 2005 on the one hand, The constitutional and legal system currently existing with the practice of the Federal Supreme Court and the draft law of the Federal Supreme Court, the purpose of which is to achieve genuine constitutional reform that guarantees us the establishment of a constitutional institution capable of advancing its constitutional competencies according to the legal idea To the rule established by the drafters of the Constitution of the Republic of Iraq
... Show MoreThis study is about the subject of exclusion of the application of foreign law as it violates the Islamic Sharia law in terms of Article (27) of the UAE Civil Transactions Law as amended in 2020, which before that date included all disputes involving a foreigner. According to the amendment referred to, the application of Islamic Sharia law shall be limited to civil transactions with the exclusion of personal status affairs.
The study concluded with many results, the most important of which is that the current text of Article (27) of the Civil Transactions Law as amended in 2020 is unable to explain what the judge may do in cases where the foreign law jurisdiction is referred to in one of the excluded texts, namely those related t
... Show MoreThe purpose of this research that, the performance budget is the best style of budget styles that can help and contribute in forming preparing federal typical budget in Iraq , By taking advantage of the application of the principles of scientific rules that would ensure optimal allocation and investment of the financial resources of the state and achieve the best performance and the lowest possible cost, both with regard to the administrative and accounting side, reducing the waste of public money, so that can enhance the success , power , and safety of financial activity of managerial system that it focuses on the magnetite and quality of the work done and the objectives wanted to meet. so application of performance budget require
... Show MoreThe role of internal control is based on the effectiveness of the budget through an analysis of the reality of the budget in the research sample as it was studied in the preparation and preparation stages and the implementation stage. The sample showed that the sample did not comply with what is stated in the Ministry of Finance publication of instructions and ceilings. In the process of preparing and resulting from the occurrence of deviations in large proportions both in the discussion of the Ministry of Finance or when implementation as a low rate of implementation and the absence of allocations for some items, although there is a need for them as well as the transfer of large proportions of transfers both up or down and the purpose o
... Show MoreThis research addresses the commentary on the appeal’s ruling of the Dubai Court of Cassation No. (501) Personal Status law of 2021 issued on 12 January, 2022, which is related to the application of foreign law before the Emirate judge. This ruling raised several legal principles and problems that require clarification and attention due to their importance. This is the first ruling on the application of the legislative amendment introduced by the UAE legislator to Article 1 (3) of the Personal Status Law No. (28) of 2005 by Federal Decree Law No. (29) of 2020. According to thereto, the application of foreign law before the Emirate judge is contingent on the adherence of one of the litigants by applying it in accordance with the attribu
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