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The Right to Strike for State and Private Sector Employees in Iraqi Legislation : A comparative study
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The majority of constitutions stipulate and regulate public rights and freedoms in them, including the right to strike as one of the means of expressing an opinion, which public officials or workers resort to in the labor law in order to improve their working conditions and achieve legitimate professional demands while continuing the work of the public facility, However, his capacity as a public servant imposes some restrictions on him in his exercise of political freedoms, including the right to strike because it intersects with the principle of the continuation of the regular and steady functioning of public utilities, which governs the work of public utilities in satisfying the public needs of individuals. The Iraqi legislator permitted private-sector workers without state and public sector employees, although the legislator considered it a means of expressing an opinion.

We divided our research into three sections. The first is entitled the nature of the strike, the second is entitled to the legal nature of the strike, its forms, and its legitimacy, and the third is entitled to the controls and restrictions on exercising the right to strike and its consequences. We concluded that the strike is not an absolute right from every restriction, but rather is subject to controls and restrictions that ensure that it is exercised in accordance with the public order, and the recommendation to quickly legislate the strike law for state employees and the public sector, like the private sector

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Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
The Right of the Head of State to Veto Bills : A Comparative Study
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The legislative authority's approval of a project is not enough, as the state president's approval is crucial. If the president doesn’t approve the project within the period determined by the constitutions, it shall be returned to the parliament for further discussion and voting, Either by an ordinary or strict majority, according to the provisions of the constitutions of the countries. To explain the right of objection, we explained, in the First Topic, the definition and distinction, and we explained, in the Second Topic, the legal nature of the right of objection, its kinds, and its constitutional base. In the Third Topic, we discussed the conditions of the right of objection, its procedures, and its effects. Then, the conclusion th

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Publication Date
Wed Jun 15 2022
Journal Name
Journal Of Legal Sciences
The Right of the Public Employee to Nominate and be Elected to the Federal National Council in the UAE Legislation "a comparative study
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The right to nominate and vote is one of the most important political and constitutional rights of citizens in general and public officials because it is related to the popular will, and as they represent the legal way to exercise sovereignty through the selection of members of Parliament to take over on behalf of the nation.

However, these rights, like other rights, are subject to legal regulation. Therefore, the constitutions meant it to give them a great deal of prestige, and the various laws dealt with it by defining the electorate and the conditions that should be fulfilled in the candidate and the voter.

Countries differ in their position of the public servant as conditions for membership in the Parliament, with set

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Publication Date
Wed Oct 30 2019
Journal Name
Journal Of Legal Sciences
The responsibility of the maritime agent in Iraqi legislation: A comparative study
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The study of civil liability is one of the most important issues of interest in all jurisprudential, judicial and legislative direction, because of the problems and difficulties it requires. the solution requires a focused effort that sets its source, basis, scope, and control with extreme care and accuracy to achieve the right and enable the injured party to obtain fair compensation both with scope of the contractual or tort liability.

In fact, the contract of the maritime agency is what is called the comparative jurisprudence (the contract of the ship's agency) connecting between the terminals of the maritime carrier on the on hand and the maritime agent on the other hand. It is the source of responsibility of each party to the

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Publication Date
Sun Sep 01 2019
Journal Name
Journal Of Legal Sciences
The minimum employee’s salary in the Iraqi Legislation: Comparative Study
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The subject of  "The minimum employee's salary  in the Iraqi Legislation" is a significant and practical importance for discussing the minimum range for salary as one of the important guarantees that approved by legislator in the civil law service and related laws based on the relied criteria and concepts that participate to decide that point. All that shall fit with general economical status and considering its development by routine viewing and increasing it based on the employee's status and his general position. This research will state the position of Iraqi legislator of reporting and adjusting the minimum range of employee's salary and comparing it with the status of  Egyptian and Lebanese legislators.  &nb

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Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
Human Right to Citizenship in International Conventions and Omani Legislation: Comparative Study
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The idea of citizenship is one of the old political and legal ideas that have long occupied a wide area of thinking in most countries of the world because the right of citizenship is linked to the identity and cultural reference of human persons of different origins and ethnicities. Citizenship is the equality of citizens irrespective of religious, sectarian, tribal, ethnic, or sexual tinctures. Countries sought to enshrine this right through international conventions, affirmed through the constitutions, statutes, laws, and media of States, to increase the association of individuals affiliated with the State with their national identity and to grant these individuals all their rights under international conventions, constitutions, or dom

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Publication Date
Wed Jun 15 2022
Journal Name
Journal Of Legal Sciences
Proposed Legislative solutions to Adopt the Community Service Sentence in the Iraqi Criminal legislation Comparative Study
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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 tra

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Publication Date
Mon Dec 25 2023
Journal Name
Journal Of Legal Sciences
The voluntary declaration in the tax legislation in UAE: A comparative study
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Taxes are   the most important public revenues, especially in the context of state intervention and the transformation of the tax from a mere financial tool only into an economic and social guidance tool. Therefore, all countries are keen to preserve this revenue by creating a clear legal system on tax assignment and collection mechanisms, and controlling cases of tax evasion.

The tax administration applies   several methods to determine the tax base, which differ from one tax to another, and from one tax system to another. The most important of these methods are the tax returns declared by the taxpayers   ,  one of these  methods also  is to determine the tax base directly by the tax

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Publication Date
Sat Dec 15 2018
Journal Name
Journal Of Legal Sciences
A crime violate the honor in Iraqi legislation
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Each person has his own place in society but he may loss his place by commtting deeds reveal by them dishonest behviours that may lessen his respect and trust by society . Mean that time those deeds connted as crime, so, the criminal lawmaker describes them as crimes violate thehonor. Those crimes were mentioned in the penalty law as for exemplification but not specification, which needs more study for that description from the point of view of ability of the results depend on the description . Specially, those crimes may be committed by anyone. Who exposed to disciplinary punishments follows the imposed punishments which assigned by the law of punishments to protect the honesty of the public job.

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Crossref
Publication Date
Fri Dec 01 2017
Journal Name
Journal Of Legal Sciences
The Legal System Of Arbitration As a Name Of Setting Foreign Investment Disputes in Iraqi and Kurdistan Region legislation: A COMPARATIVE LEGAL STUDY
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Is a theme of foreign direct investment and indirect interest of the world, especially developing countries, and the growing interest in recent issue of investment in Iraq and the region being one of the countries aspiring to attract foreign investment, especially in the natural resources sector, having changed relatively Look uncertainty towards foreign investors, both of by the state or its citizens.

Although mutual cooperation between the state invested and investors to identify those rights and obligations in terms of scope or content of the contract between the parties, but it might get a conflict between the two parties in the exact content of the rights enjoyed by the investor and the obligations due to breach of one of th

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Crossref
Publication Date
Sun Sep 01 2019
Journal Name
Journal Of Legal Sciences
Government Hospitals lease contract for the private sector In Iraqi law
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The contract for iease public hospitals to the private sector is one of the administrative contracts in which all the elements of the administrative contract are available. It is signed by the administration represented by the Minister of Health. It is presented to a public hospital which is one of the public facilities that provide medical services. The Ministry of Health may also apply to the Leased Hospital. It may also amend the contract in accordance with the public interest, in addition to the possibility of dissolving the contract without recourse to the courts in case the tenant violates the terms of the contract, The State resorted to it in the event that it is unable to provide medical services within the required range, as it

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