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The theoretical framework for the criminalization and punishment within the scope of government contracts A study of Iraqi law: دراسة في القانون العراقي

The 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 contracts in the three demands , first we assigned to the definition of government contracts and the second substantive provisions of the criminalization and punishment, and the third we assigned to the procedural provisions according to the light of Iraqi laws relevant actions and irregularities with criminal intent or with error positive for liability and penalty then we finished conclusion contained a number of recommendation .   

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Publication Date
Mon Sep 02 2019
Journal Name
Journal Of Legal Sciences
The Special Conditions for the Crime of Extradition in Accordance With International Law Provisions and Iraqi Law

The title of this research is "The Special Conditions for the Crime of Extradition in Accordance With International Law Provisions and Iraqi Law." The examination of the conditions of extradition is of paramount importance because it establishes the general provisions on the basis of which extradition is made, if such conditions are met at the time of the issuing of the extradition decision. Crimes vary according to their types, gravity and description. For this reason, the conditions for determining the crimes in which extradition is permissible have been established. These conditions are that the crime committed is of a certain gravity. The second condition is dual criminality in the requesting State and the States to be extradited; th

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Publication Date
Wed Dec 29 2021
Journal Name
Journal Of Legal Sciences
Conditions and procedures for the establishment of political parties in Iraqi law

The establishment of political parties in Iraqi law is subject to several conditions, including the conditions related to the principles and objectives of the parties and the conditions related to membership in the parties, as well as the establishment of a number of procedures. These conditions and procedures are governed by the Political Parties Law No. (36) of the year 2015, And another represents a restriction on the freedom to establish political parties and graduated from the framework of the organization authorized by the ordinary legislator under the constitutional assignment under the text of Article (39) of the Constitution to restrict and confiscation of the freedom to establish political parties, and we have finished through

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Publication Date
Sun Sep 01 2019
Journal Name
Journal Of Legal Sciences
Compensation those affected by technological development risks within the scope of medical works

 compensation those affected by technological development risks within the scope of medical works.       

The unprecedented technological development the world witnesses nowadays has been providing brilliant medical service to the human being including examination, diagnosis and the treatment or follow up.

However, such works hide behind potential risks threatening people's lives and such risks my be discovered within the limits of now – how and technical knowledge prevailing the time of rendering the medical service. Also this the question is raised on how to keep up between the safety of the patients and such risks are being unknown by the provider and questioning them contradic

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Publication Date
Tue Dec 21 2021
Journal Name
Journal Of Legal Sciences
The scope of parliamentary immunity in the UAE Constitutional organization: Comparative Study

The immunity enjoyed by members of parliament is one of the most important guarantees for the performance of their parliamentary work, which protects them from threats or any reprisals against them.

There are two types of immunity:

  Objective immunity: the member does not bear any responsibility for the opinions, ideas, and statements he expresses within the council or its committees, but even outside it by some systems.

  Procedural immunity: that prevents criminal actions from being taken during or outside the session of the Council, with the approval of a body specified by the constitutions of the countries under study, but it is restricted by conditions and controls stipulated. It contains constitut

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Publication Date
Fri Dec 14 2018
Journal Name
Journal Of Legal Sciences
Abuse of power is a defect of will in English law A comparative study of Iraqi law

Undue influence is considered as a vitiating factor or defect in English law. It is a dominating influence, with which the ascending party enjoys, and which enables him to exert an illegitimate pressure on the unduly influenced weaker party, in order to induce, or force him, to conclude a contract and enter into a transaction, against his will. It is also worth-bearing in mind that the doctrine of undue influence is an equitable one, originating from the rules of equity, applied by English courts of equity, and by which these courts set aside unconscionable bargains, in which one party is in a position to exploit the weakness of the other.  It is also worth-mentioning that this doctrine has been included in the English common law. W

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Publication Date
Thu Aug 31 2023
Journal Name
Journal Of Legal Sciences
The Mechanism of Incorporation the Treaty and its Legal Value into Iraqi Law

     The importance of international treaties reside at the present time in regulating a several issues within the internal scope of the state, and that after it was monopolized by the internal legal system of the latter, besides this the three authorities of the state assume the task of implementing the obligations imposed by international treaties on the states party to them.

      Therefore, we will expose in this study the mechanism used by the Iraqi state in incorporation the international obligations into the Iraqi internal legal system under the successive constitutions from the establishment of the Iraqi state until the issuance of the constitution (2005) in effect, as Iraq fol

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Publication Date
Tue Dec 24 2019
Journal Name
Journal Of Legal Sciences
Civil liability of breaching the obligation of depositary to maintain and return the deposit it in English law: A comparative study in Iraqi civil law

The bailment is one of the well-established legal systems of the English common law, and which included the distinguished characteristics of both the law of contract and the law of property. It is worth-mentioning that this legal system has acquired those common features of these two prominent legal systems, which form an important part of the common law. By the judicial precedents made by English courts. And these precedents have adopted two different and divergent attitudes towards the qualification of the legal nature of bailment in English law . Whereas the Iraqi civil law No. (40) of 1951 regulated the legal rules of the bailment, considering it as a real contract, the conclusion of which requires the availability of four basic elem

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Publication Date
Sat Oct 01 2016
Journal Name
Journal Of Economics And Administrative Sciences
Suggestive Framework for Applying Performance and Programs Budget in Iraqi Government Units Environment

Abstract

This research  aims to reform the Iraqi public budget through going into the challenges the budget faces in applying item-line budget in its preparation, implementation and control; which encourage extravagance and waste instead of rationalizing expenditures. This  is shown in the data analysis of Federal public budget laws in Iraq for the years from 2005 till 2013; there was a continuous increase in the aggregate public expenditures in the public budget for the years previously mentioned, as the public expenditures growth has reached into the percent 284.71% in 2013. In addition the public budget for these years (2005-2013) is being prepared with planned deficit without confirming that

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Publication Date
Sat Dec 31 2022
Journal Name
Res Militaris
Deterritorialized States Within the Framework of Public International Law

one of the most important consequences of climate change is the rise in sea levels, which leads to the drowning of some low-lying island states, which leads to them losing the elements of statehood and thus affecting their status as a state, this resulted in several proposals made by the jurisprudence of international law to solve this issue, perhaps the most important of which is the idea of the government in exile, and the proposal to continue recognition of submerged countries, in a way that makes it possible to talk about a new concept of states represented by deterritorialized states, all of which are ultimately proposals that contain great difficulties that hinder their implementation in reality.

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Publication Date
Tue Jun 01 2010
Journal Name
Journal Of Economics And Administrative Sciences
قياس وتحليل الصدمات النقدية في الاقتصاد العراقي للفترة 1980-2005 دراسة قياسية

تعرض الاقتصاد العراقي إلى صدمات نقدية شديدة بسبب الظروف السياسية والاقتصادية غير المستقرة والمتمثلة بشكل أساسي لخوض العراق حرب طويلة الأمد مع إيران في الثمانينات وحربين مدمرتين مع الولايات المتحدة الأمريكية فضلاً عن فرض الحصار الاقتصادي طيلة ثلاثة عشر عاما ً .

وتهدف هذه الدراسة إلى قياس وتحليل الصدمات النقدية التي تعرض لها الاقتصاد العراقي في فترة الثمانينات والتسعينات وبداية هذا القر

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