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The higher federal court original specialty in dissolve the conflict of jurisdiction
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The Supreme Federal Court of Iraq was established by the Federal Supreme Court Law No. (30) For the year 2005 on the basis of the provisions of the Iraqi State Administration Law for the transitional period of 2004. The law included a clear reference to the main purpose for which the Federal Supreme Court was established, the separation of jurisdictions between different levels of government, as well as its competence to control the constitutionality of laws. It was also referred to in the Constitution of 2005 and defined its powers in Article (93) of it, in addition to the other terms of reference in the other articles of the Constitution and the laws in force, and from reading the texts of the above Constitution, the Federal Supreme Court can become an institution with power and is expected to be referred We have examined the jurisdiction of the Federal Supreme Court to resolve the conflict of jurisdiction in the light of the provisions of the Constitution of the Republic of Iraq for 2005 in three sections preceded by a preliminary study divided as follows: The first part deals with the original or (direct) jurisdiction of the Federal Supreme Court in resolving the conflict of jurisdiction between different levels of government. The second section deals with the inherent or direct jurisdiction of the Federal Supreme Court in resolving the conflict of jurisdiction. The third topic is devoted to the jurisdiction of the Federal Supreme Court in resolving the conflict of jurisdiction between the governor and the provincial council or the local council under the law of governorates not organized in the region No. 21 of 2008 amended. And then concluded it all with a conclusion, which showed the most prominent findings and conclusions of the recommendations, and     the most important findings of the following                             :-                         

 First: The Federal Supreme Court is competent to adjudicate the conflict of jurisdiction in a genuine and direct manner under the Constitution, through its competence contained in the text of Article 93 (Paragraphs IV, V, VIII , A and B).The Law of Governorates not organized in Region No. 21 of 2008, Resolve the conflict of jurisdiction between the governor and the provincial council or the local council                                                                                                

Second: The Federal Supreme Court is still operating under its old law, which was enacted under the Transitional Administrative Law, which is considered unconstitutional and is characterized by a lot of shortcomings and lack of detail in its provisions and incompatibility between the jurisdictions of the court contained therein with the competence under the 2005 Constitution.      

The most important recommendations are:                                                   

First: to expedite the issuance of the Federal Supreme Court Act in the form that ensures its issuance in accordance with the Constitution of the Republic of Iraq for the year 2005, and recommend the legislator as follows:

  • With regard to the process of nomination and selection of members of the Federal Supreme Court, there should be a role for regions and governorates not organized in the province, The role of the Council of the Union in the process of ratification of the selection of members of the Court, and here another lawsuit to the legislator the need to accelerate the adoption of the law of the Council of the Union and its composition.
  • Calling on the Iraqi legislator to find specific criteria in what is considered a legislative decision that the Federal Supreme Court is competent to consider and what is considered an administrative decision that falls within the jurisdiction of the administrative judiciary, in order to prevent overlap of jurisdiction while preventing conflicting decisions from both sides due to conflict of jurisdiction                           

Second: we find that many of the cases have been rejected by the court for lack of jurisdiction, and here is an invitation to the Federal Supreme Court to invest any opportunity through the legal challenge that is presented to them in the conflict of jurisdiction for the purpose of finding solutions that are consistent with the Constitution on controversial topics and failed to resolve other authorities In order to preserve the unity of the state and its federal system 

 

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Publication Date
Tue Jul 31 2018
Journal Name
Revue Académique De La Recherche Juridique
Jurisdiction in the contract of professional football player ((comparative study))
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Is no longer a football player looks to sport as a means of entertainment and physical development. But become see as part of The economic and is getting in return for the effort of، Through a contract with a club to organize the activity which is called a contract of professional, This contract is similar to the rest of the contracts in terms of problems and dispute that arise during the implementation or after it ends because of the nature of sports to such disputes and privacy being subject to special rules (regulations, national and international professional) required that subject to judicial bodies private mission confined settle sports disputes these entities and is affiliated unions legal committees and the court of arbitration for

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Publication Date
Sat Apr 10 2021
Journal Name
Journal Of Legal Sciences
The role of the court in invoking danger in criminal proceedings
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The study of criminal danger is a part of a common phenomenon in criminal studies, namely, the conflict between traditional legal concepts and the new requirements of modern criminal policy, and the primacy of development and response to the requirements of modern human life. Criminal law scholars have recognized the importance of danger, especially after they have determined that the danger of crime is not limited to material damage, but rather to aggression against fundamental interests of the group, which is the possibility of damage. In particular, development and progress have led to the emergence of new areas in which the danger is the basis of the criminalization of related acts such as security, economy, trade, modern industries,

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Publication Date
Sat Aug 17 2019
Journal Name
Journal Of Legal Sciences
he jurisdiction of the state consultative council and its role in protecting the public rights and freedoms
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The State Legislative Council practices its Judgement specialization through issuing the judicial decisions in combats that present to it and the judicial commissions take charge of this mission inside the council and they are the High Administrative Court, the Administrative Judgement Court and the Employees Judgement Court.

Where the High Administrative Court specializes in presented appeals against the decisions of the Administrative Judgement Court and Employees Judgement Court whereas the Administrative Judgement Court in the validity of the administrative decisions issued by the employees and the general commissions whereas  the Employees Judgement Court specializes in the employees appeals against the decisions of bre

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Publication Date
Thu Dec 31 2020
Journal Name
Political Sciences Journal
Russian-American competition in the Middle East:Power and roles conflict: Syria as a model
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Because of its importance in the world, Middle East area is one of the competition areas between the major and great powers. Among those powers are Russia and United states of America. The competition between these two powers to control Syria is greatly clear since 2011. It is also one of the most important subject in the international politics. This importance comes from the importance of Russia and the United States of America besides importance of the Middle East. At the end of the cold war, United States of America maintained its role in the international system and became the only pole that dominated the international affairs while Russia tried to overcome the challenges inherited from the former Soviet Union, and it succeeded in th

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Publication Date
Sat Dec 01 2018
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Typical Federal Budget According to the budget performance
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The 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

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Publication Date
Mon Sep 02 2019
Journal Name
Journal Of Legal Sciences
Advisory Jurisdiction of the Iraqi state consultative council and its role in the protection of public rights and freedoms
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The State Legislative Council practices its consultative specialization through issuing the fatwasand legal opinions for the ministries and the institutions which are not associated with a ministry, The Advisory Commissions with each of General Commission, Presidency Commission and The Specialized Commission take charge of this mission.

Where the abovementioned Advisory Commissions practice different jurisdictions in codification field, giving legal opinion field and legal advisory.

The State Legislative Council through its Advisory specialization could provide a protection for the rights and general freedomswhere it contributed in protecting the rights and personal freedoms through issuing the fatwas that dictatesto that

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Publication Date
Sun Sep 08 2019
Journal Name
Journal Of Legal Sciences
Discretionary role of the provisions of the Court of Cessation
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   Discretionary role of the provisions of the Federal Court of Cassation occupies a distinct role in the drafting of the legal base, thanks to vocational and higher professional level, which is practiced by this court in the adaptation of the civil law in light of the changing conditions of the community with the survival of inertia that characterizes the legal basis, so that the legislator important for precision and perfection in his work in drafting this rule, it cannot take in everything and put the necessary solutions to all the new issues that appear in the society. Therefore, the courts in this case is keen to reconcile the provisions of fixed base and the changing conditions of society , in order to reach the intent of

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Publication Date
Wed Oct 17 2018
Journal Name
Journal Of Economics And Administrative Sciences
Proposed mechanism to activate the role of the Federal board supreme Audit in the examination of the federal budget estimates of the state
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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

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Publication Date
Wed Jan 23 2019
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
The role of accountability measures in enhancing the results of the federal budget in government spending units
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The role and procedures for accountability in the spending units significant impact in enhancing the results of the budget it is found by studying and comparing the results of the implementation of the budget for the research sample for a period of two years to repeat the same deviations and irregularities of Guanyin, regulations and instructions that have occurred in implementation results and two consecutive Kaltjaoz customizations and low rates of implementation and the lack of exchange of allocations Finance despite the presence budget note that such remarks are always indicate in regulatory reports, but these observations repeated Bostmr in the results of the implementation of the budget. Which clearly reflects the absence of the ro

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Publication Date
Wed Feb 10 2021
Journal Name
Journal Of Legal Sciences
The Relationship developed between Law and Regulation and its Effect on the Rules of Distribution of Jurisdiction Between the Legislature and Executive Authority: A comparative study
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Sort out the stability of the principle of separation of power to stabilize the rules for the distribution of power to the three state authorities (legislative, executive and Judicial), this, in turn led to emergence of the principle of legislative unilateralism, which means that the legislative authority is unique and not the other by exercising legislative competence, except with the permission of the legislative or the provisions of the constitution, this led to the emergence of what is known as the traditional relationship between law and regulation. However, this principle began to lose it, severity due the political, social and economic condition which changed the relationship between the law and the regulation, consequently, the l

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