Preferred Language
Articles
/
jols-454
Proposed Legislative solutions to Adopt the Community Service Sentence in the Iraqi Criminal legislation Comparative Study
...Show More Authors

The community service in its various forms topped up the alternative short term custodial sentence in some crimes, and experience has shown the success of this alternative in sparing the convicted negative effects of custodial sentences in all social, psychological and even economic aspects and on the other hand addressing the problem of overcrowding prisons. This penalty consists of requiring the convicted person to work certain hours in specific areas and within a certain period determined by the legislator. Through comparative analytical studies between Western and Arab legislation, we found there are such major differences in the ways in which [community service] has been worked out that it is impossible, indeed irresponsible, to transpose the experiences of one country upon another, providing for it as an original punishment sometimes or an alternative custodial sentences for imprisonment for

 

certain crimes or alternative to physical coercion, under which legislation has set the maximum penalty for the deprivation of liberty that the court may replace in exchange for the imposition of community service for specific hours determined by the provision unpaid in certain quarters determined by the legislator or the decision issued under it, taking into account certain controls in The most important of these is the consent of the convict and not to harm his dignity. In line with the modern punitive policy, we have proposed to the Iraqi legislator to amend some of the provisions of the Penal Code to allow the adoption of this punishment in its various forms, either as an original punishment for crimes of violations and misdemeanours or by replacing community service instead of  some of the punishments that are causes negative consequences  for the freedom prescribed for some crimes of misdemeanours and violations or alternative to physical coercion, in accordance with certain controls derived from comparative legislation, with the introduction of judicial oversight that will apply it in accordance with its purposes, which seek to qualify sentenced away from the walls of the penal facility.

Crossref
View Publication Preview PDF
Quick Preview PDF
Publication Date
Wed Feb 10 2021
Journal Name
Journal Of Legal Sciences
The Contracts in Restraint of Trade in the English Law. A Comparative Study in the Iraqi Law
...Show More Authors

The contracts in restraint of trade are considered as void contracts according to the English common law, that is to say, they are prima facie void. Because their voidness is presumed and based upon a rebuttable presumption that these contracts are contrary to the public policy in principle. Owing to the unreasonableness of the  Restraint of Trade conditions or terms in which they are included. But if it is proved that they satisfy the requirements of reasonableness, in accordance with the contracting parties, and both the temporal and spatial extent of their coming into effect, as well as the public interest. The court will validate them. It is also worth-bearing in mind that this type of contracts fall under contracts void at comm

... Show More
View Publication Preview PDF
Crossref
Publication Date
Mon Dec 25 2023
Journal Name
Journal Of Legal Sciences
Legal evaluation of the nature of the legislative role of the financial bills proposed by the parliamentary committees in the Iraqi parliament
...Show More Authors

The current research aims to identify the legal evaluation of the nature of the legislative role of the financial bills proposed by the parliamentary committees in the Iraqi parliament، where the problem of research in the tasks of the Iraqi parliament is to monitor the work of the executive authority، either individually or collectively، in order to verify the The extent to which the executive authority properly implements the state’s general policies، and conducts a kind of political control over its work. The importance of research lies in the fact that setting supreme controls in society، such as the right to legislation، is the most important aspect of sovereignty in the state. In the modern state، parliamentary councils en

... Show More
View Publication Preview PDF
Publication Date
Wed Jul 28 2021
Journal Name
Journal Of Legal Sciences
The Quasi-Contract in the English Law. A Comparative Study with the Unjustly Paid in the Iraqi Civil Law
...Show More Authors

Quasi-contract is considered as one of the well-established legal systems of the English Common law of customary origins, which is unwritten and based upon judicial precedents of the English courts. It is worth-bearing in mind that the legal basis of quasi-contract passed into two different stages: in the first stage the English judicature, supported by some juristic opinions regarded it as an implied Contract made by courts to prevent one party from being unjustly enriched at the expense of the other. Whereas in the second stage the English judicature considered it as an independent source of obligation، based upon the law of restitution. and having nothing to do with the law of contract. The Iraqi civil law No. (40) of 1951 regulated

... Show More
View Publication Preview PDF
Crossref
Publication Date
Sat Jan 12 2019
Journal Name
Journal Of The College Of Education For Women
Volunteer Work in the Community Culture (Concepts - Forms - Controls - Goals)
...Show More Authors

Perhaps one of the most pillars in building communities, and to achieve consistency between its members, is the volunteer work, he is a humanitarian exercise been closely associated with all the meanings of goodness and righteousness since ancient times, but it differs in size and shape and motivations and trends from one community to another, and from time to time; while at least in the stages of calm and stability, it increases in disasters and calamities and wars times, and perhaps (the popular crowd) is the best proof of that, they answered a call reference, and volunteered to defend their land and their holy places. In terms of form it may be donating money or effort or profession or otherwise, either in terms of the trend may be di

... Show More
View Publication Preview PDF
Publication Date
Wed Apr 10 2019
Journal Name
Journal Of Legal Sciences
The effectiveness of legislative reforms in the protection of public property in Iraq
...Show More Authors

Public property has been very important because the function of the state is not limited to traditional jobs, but extends to all aspects of activities to provide services to the public, with the attendant use of public property and the need to maintain it as the basis for such activities.

The legislation concerned the Public property and its protection. Starting with the Constitution, which is the highest legal rules in the state as well as general laws administrative decisions.

This study aims to shed light on the concept of legislative reforms and its effects on legislation that protects the Public property, which is a precise legislative process that needs to be examined because it does not always aim at evaluating the

... Show More
View Publication Preview PDF
Crossref
Publication Date
Wed Oct 07 2020
Journal Name
Journal Of Legal Sciences
The Occupier's Civil Liability in the English Law. An Analytical Comparative Study with the Iraqi Civil Law
...Show More Authors

The occupier’s civil liability in English law is considered as one of the main types of the responsibility imposed by the law of Torts. and is regarded as a special system of the civil liability arising from negligence, as well as two other systems, that is to say , the employer’s non-contractual liability and  The liability from defective products. It is worth-bearing in mind that the common law has imposed on the occupier of the premises a duty of safety towards those who enter his premises. And two English legislations have been enacted later to regulate this type of liability legislatively, namely, the Occupier's liability Act 1957 and the Occupier's liability Act 1984. Whereas the Iraqi civil law No. 40 of 1951 has regulate

... Show More
View Publication Preview PDF
Crossref
Publication Date
Wed Dec 29 2021
Journal Name
Journal Of Legal Sciences
Privacy the work for public benefit punishment
...Show More Authors

Work 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 More
View Publication Preview PDF
Crossref
Publication Date
Sat Dec 15 2018
Journal Name
Journal Of Legal Sciences
mbalance between the executive and legislative branches In the Constitution of the Republic of Iraq for 2005: A comparative study
...Show More Authors

The most important right parliamentary system features it is based on three key elements must be met in order for this system is characterized by Balbrlmana, and these features lie in cooperation and balance between the executive and legislative branches also lies in the equality between the two branches, and this can not be achieved unless there is a mutual understanding between them, and this understanding can only be achieved if all possessed the power of the media and the influence of pressure is what makes other power stands at a certain point

Therefore constitutional rules came in this system to decide the legislative authority of certain rights exercised in the face of the executive branch and check use effective on its wo

... Show More
View Publication
Crossref
Publication Date
Tue Oct 01 2019
Journal Name
Journal Of Economics And Administrative Sciences
Water Crisis and Its Relation to Achieving Sustainable Agricultural Development in Iraq (The Real Causes and Proposed Solutions)
...Show More Authors

The conservation of natural resources such as water is one of the areas that sustainable agriculture seeks to preserve, rationalize its use and protect it from pollution, because water is a specific factor for agriculture. Despite Iraq's possession of two international rivers, the Tigris and the Euphrates, which pour into the Shatt Al-Arab, it suffers from water shortages in recent times, As a result of several reasons combined, including water policies initiated by the riparian countries to reduce the quantities of water coming from the two rivers to Iraq, led by neighbor Turkey through the construction of dams and reservoirs and the establishment of irrigation projects, as well as climate changes from rising temperatures and lo

... Show More
View Publication Preview PDF
Crossref
Publication Date
Thu Mar 21 2019
Journal Name
Journal Of Legal Sciences
The economic tortuous liability in English law. A comparative study with the illegal competition in the Iraqi law
...Show More Authors

The economic tortious liability in the English law is based upon economic Torts are considered as a type of the ancient and deep-rooted torts, aiming at breaching the rules of legal and equitable trade competition. and which are included in the customary English law of torts, based upon the judicial precedents decided by English courts. It is worth-bearing in mind that the economic torts are classified into two main types.  That is to say, the general economic torts and the misrepresentation economic torts. Whereas the Iraqi legislator left the regulation of the illegal competition to the general rules of the delictual liability in the Iraqi civil law No. (40) of 1951.

View Publication Preview PDF
Crossref