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The competent authority to resolve the conflicts of jurisdiction between the administrative and ordinary courts in Iraq

Jurisdictional conflict is legally concerned with the dispute between two judicial bodies concerning the consideration of a specific subject, such as the dispute between the ordinary judiciary and the administrative judiciary in the countries that adopt the dual justice system. The dispute also takes place between two courts that have a single judicial system، Among them, there may also be a conflict in the countries that adopt the federal systemو، which is a manifestation of the bilateral judicial system, which is one of the most important reasons for conflict of jurisdiction in the federal states. It is known that Iraq has become a double jurisdiction by the issuance of Law No. (106) 1989 Second Amendment to the law of the State Council No. 65 of 1979, the federal system adopted under the law of the State Administration for the transitional period in 2004 and the 2005 Constitution Therefore, the legislator, through the experiences of the countries that adopt the dual justice system, has taken into account the possibility of conflict of jurisdiction between the two sides of the ordinary judiciary and the administrative judiciary. The task of adjudicating it to a body that appoints the authority and granting the Supreme Administrative Court the jurisdiction of the Administrative Court and the Staff Court. Jurisdiction in the conflict of jurisdiction between the federal judiciary and the judiciary in the region to the Federal Supreme Court، where it pointed out its competence in adjudicating the conflict of jurisdiction between the federal judiciary and the judicial bodies of the regions and governorates not organized in the province and the separation in the conflict of jurisdiction Between the judicial bodies of the district or the governorates that are not organized in a province. This research highlights the types of conflict of jurisdiction in Iraq and the competent authority to solve it through the analysis of the legal texts and decisions related to the subject.

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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

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
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

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
Wed Feb 20 2019
Journal Name
Political Sciences Journal
Federal and problematic relationship between the center and the region in Iraq

The US invasion of Iraq in 2003 unleashed the repressed national aspirations of the Kurdish people. After the colonial powers, especially Britain, failed to establish a homeland of scattered Kurds in Iraq, Turkey, Syria and Iran, Iraq's Kurds managed to establish a semi-independent state in the north of the country Which lasted decades against the central authority in Baghdad in protest against what they call the forced integration of Kurds in the Iraqi state, and to obtain more rights and privileges as partners in this country. The federal region in the Kurdistan region of Iraq has become a reality, and it is eager not to strengthen its authority in return for the authority of the central government, but to annex other areas inhabited b

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Publication Date
Thu Dec 30 2021
Journal Name
Journal Of Legal Sciences
The tax judiciary is a guarantee of economic rights and freedoms in Iraq

The tax legal system, with its rules relating to imposing and assessing the tax and how to collect it, is one of the issues that the taxpayer is keen to follow-up on and caring about, but the aforementioned system is contested by two conflicting interests, the taxpayer’s interest in the view of a money-cutter and a means of always depriving of his wealth to the tax-imposing authority that It seeks to ensure the regular and steady flow of financial resources to the public treasury, which necessitates the presence of a judicial body entrusted with the task of securing a balance between these two conflicting interests from issues that consider themselves strongly in the tax field. It is one of the oldest human rights and public freedoms,

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Publication Date
Wed Jun 15 2022
Journal Name
Journal Of Legal Sciences
Legal Effects of Personal Execution in the Administrative Contract

The contracts management style, a distinctive and important practice management through active administratively closed facility in aiming to ensure the continuity of the Facility regularly and Adtarad where walk in the light of this style approach satisfaction and understanding through the conclusion of the contract administrative and through an agreement with one of the natural or legal persons n this style resorted to by the administration if it does not Asafha administrative decision in the exercise of its activity, or if he believes that the style of management contracts better able to achieve its goals.

There is administrative contracts general principle expressed the commitment of the contractor with the administration, imp

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Publication Date
Tue Jun 01 2021
Journal Name
Political Sciences Journal
The security environment in Northeast Asia between American authority and Chinese influence

The security environment for Northeast Asia is extremely important, as it includes most of the international actors (United States of America, China, Russian Federation and Japan), which gives the nature of the interactions of these forces a special importance for the region.

Because of the multiplicity of policies and interests of the active forces in the region, the result has been an unstable regional environment where the interests of the major powers often clash repeatedly on many related issues, which is coupled with the growing efforts of many powers to adopt policies that differ from what they did in the past This resulted in different patterns of relations, which were mainly characterized by competition over regional lea

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Publication Date
Wed Sep 28 2022
Journal Name
Journal Of The College Of Education For Women
The Degree of Application of Digital Leadership and its Relationship to the Development of Administrative Work at the University of Tabuk

This study aims to explore the relationship between the degree of application of digital leadership and the development of administrative work at the University of Tabuk. It further aims to examine the presence of statistically significant differences between the average responses of faculty members and employees at the University of Tabuk regarding the study axes that are attributed to the following variables: (scientific rank, gender, and job), the study used the descriptive approach in its correlative style, and the questionnaire was used as a tool for data collection, as it was applied to a simple random of (310) members of the faculty and staff. University of Tabuk. The results showed that the degree of digital leadership applicatio

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Publication Date
Tue Feb 05 2019
Journal Name
Journal Of The College Of Education For Women
Actor problematic term between ancient and modern

Speech is associated with all early term grammar - somewhat - talking about the beginnings of the emergence of grammar, its foundation, and the truth is that this period has remained obscure, what came of them was a novels dealt with a facilitator beginnings as, and this means that what was of grammatical terms in the period of the first generation of grammarians do not constitute in itself, but the initial harbingers of serious way as in the science, and the real beginning of the term grammar mature as orally were at Hebron and Sibawayh evident in the book, then the efforts of the grammarians available until after the term of grammar arrived to what it is .
In this area is (actor) a grammatical terminology, which won at the ancient s

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Publication Date
Thu Aug 03 2023
Journal Name
Journal Of Legal Sciences
Evidence of Proof in the Administrative Investigation and Employee Guarantees Towards it : A Comparative Study

The aim of this research is to identify the guarantees of collecting evidence in the administrative investigation in both the Federal Decree-Law No. (11) of 2008 regarding human resources in the federal government and its amendments, and Ministerial Resolution No.(1) of 2018 regarding the executive regulations of the Human Resources Law in the Federal Government, Compared to the Jordanian Civil Service System No.(9) for the year 2020. In order to find out the guarantees obtained by the employee to whom the job violation is attributed in order to confront the authority of the administration in the event that he is referred to the administrative investigation in the stage of collecting evidence. And to search for the balance between the le

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Publication Date
Wed Oct 07 2020
Journal Name
Journal Of Legal Sciences
The extent to which TQM standards can be applied in the judiciary institution (Iraq as a model

The use of the concept of (quality), which is purely administrative, and part of the system of competitive activity (private), within the framework (judicial) (public), in a manner that helps achieve the strategic objective of the judiciary, which is to maintain its leading position among the means of dispute settlement, with Upgrading (products) of judgments and fatwas, in order to achieve excellence in its performance, and to ensure the satisfaction of (adversaries) when they resort to him, and not to look for other alternatives, which helps the judicial institution (public) to improve in the provision of (services), and this is achieved by benefiting from The advantages offered by TQM in its concept (private institutions).

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