The labor code is one of the laws that contain special criminal provisions, in which the legislator adopted a special penal policy in view of the nature of the protected interest or in view of those who addressed its provisions. We stipulated a series of labor crimes and arranged criminal penalties for them. The most important of these crimes is the description of misdemeanors or offenses. The penalty is either imprisonment or fine. it is noted that the Iraqi labor code no. (37 ) of 2015 did not adopt a general theory of criminalization and punishment ,but its penal provisions were scattered in the folds of the law .the criminalization of most of its provisions did not meet with the penalty law Iraqi penalties no(111)of 1969 ( which stipulates that the provisions of the first book of this law shall be observed in the crimes stipulated in the law and other penal systems unless otherwise provided ).
The policy of criminalization in private criminal laws focuses primarily on acts that violate social order, which constitute an attack on interests deserving of criminal protection. This policy is distinguished by its own nature, which stems from the nature of criminalization in these laws, In addition to the law issued by the legislative authority, there are certain cases in which the executive authority has the authority to issue regulations and instructions that are the source of criminalization and punishment in these laws, This policy in private criminal law is based on the criminalization criteria in these laws. The criminal legislator takes the criminality of the nature of the interest, which is often of a changing nature, and the
... Show MoreThe contract valuable by itself cannot be a source of punishment, but the legislator penal has estimated the seriousness of the breach of some contracts entered into by the official bodies or government with each other or with third- party view of the consequent adverse effects on the administration itself and the beneficiary citizen of the commodity or service subject of the contract therefore the legislator criminalizing bribery, fraud ,forgery and illegal use of contracts or compromising the freedom and safety of bids or tenders abuse of public office intent to damage public or private interest accordingly , this research deal with for the theoretical framework criminalization and punishment within the scope of government contra
... Show MoreThe penal policy has an essential role in guiding the legislator to determine the interests worthy of penal protection. which are numerous and varied according to the circumstances and needs of each society, and that determining those interests within the community is closely related to the culture of that society and its political, economic and social systems, and given the diversity of societies in their culture and systems, so they vary -Generally- its penal policies accordingly. But this does not preclude the existence of common criminalization shared by all the legislations of the countries of the world. and which agree to criminalize all religions and human beliefs and international covenants, w
... Show MoreThe principle of equality in human life is one of the noblest principles ever found. These principles have been planted in the conscience and conscience of man, and it is the principle that is considered to be an inextricable right with the existence of human in the collective relations between humans in general and members of a group of groups or conglomerates unintentionally organized but created by circumstances. Accordingly, all international and domestic legislations considered it to be a human right, especially in relation to equality in the right to work, equality in other rights and what is associated with the remuneration of work (wages) and related to its attachments and leave. The Labor Law No. 37 of 2015, In Chapter III. This
... Show MoreOur research dealt with the issue of sustainable development related to the legal rules of the labor law in force to achieve the necessary protection for the rights of working women. The Iraqi labor law in force set several rules inspired by the texts of international conventions to protect working women at work. These rules were summarized in our research to the rules of protection from sexual harassment. At work, and the basis for obtaining decent work for women at work, Iraq was one of the countries organizing the Convention (CEDAW) that combats sexual harassment and gender discrimination, and which called for the importance of the presence of women in developing society and achieving the global goals of sustainable development. Devel
... Show MoreIn terms of each party's contribution to the common venture, partnership felt in several categories. It would be a complete partnership, that is, one in which all partnership, both capital and service; It could be an arrangement like the commenda (Arabic : Mudãraba , muqãraba , girãd) in which one party supplied the capital and the other service .
In Malikite and Hanaifite Law, It would take the form of a labor partnership, that is, one in which the only investment on the part of all its members was their skill or labor. In this last category of partnership, the captil itself considered solely or primarily of the labor of the partners.
Hardly a day passes without hearing the news of a person’s suicide here or there, as if life no longer has value for a person, and this fact is what prompted the World Health Organization to sound the alarm, after it found that suicide had become widespread in the world and published its report Under the title (Suicide Prevention - A Global Necessity), and announced the need to take care of mental Health as part of public health, because what psychological human crises are exposed to may lead to suicide.
A quick look at the position of the various legislations on suicide, we find there is a great difference, some legislations recognize the human right to death, while other legislation punishes the
... Show MoreWork for public benefit (Community service) is a criminal punishment that restricts liberty. The convicted person performs an unpaid work for public benefit, The judge determine in the ruling the number of working hours and the period of completion within the limits set by the law. It is a new and unique punishment that involves punitive treatment outside the prison walls. It spawned of the necessities of rehabilitative justice to Confrontation the crisis of the punishment for deprivation of liberty for a short period (custody). The main aim of the work penalty for public benefit is to rehabilitate the convict to reintegrate him socially, which is the first rank among the aims of punishment under contemporary punitive policy. This punish
... Show MoreThe importance of this topic is reflected in the need to know the legal provisions for the offenses of insult and slander within the scope of information technology, which have a great impact on people, and have been used to undermine human honor and dignity, especially that it is one of the new crimes, which has not been studied extensively by researchers, and many have tried Some countries develop their legislative systems by introducing punitive and procedural texts and legislation that are compatible with the phenomenon of modern technical crime And we decided to research the pillars of these crimes and to clarify their general provisions through exposure to the public and private pillars that prove criminal responsibility, and
... Show MoreThis research aims to analyze the impact of the United States policy of pressure and sanctions on changing Iran's conduct. Since the Islamic Revolution of Iran in 1979, the US has continuously pursued various policies towards Iran, aiming to change the regime by force or isolate it politically and economically. The main research question lies in the following: To what extent does the US pressure policy and its sanctions affect the conduct Iran?. This research discusses that the more there are economic and political alternatives to Iran, the more it will be challenging the US demands. Moreover, the more the US pursues a negotiating policy based on mutual interests, the more Iran will positively respond to American demands.